Q. I notice that you recently wrote about road accidents and I was wondering if you could advise on the following. I recently had a collision, with a “boy racer”, however, when I asked for his insurance details he was unable to give them and I have been unable to contact him at the address and telephone number he provided. My car had significant damage, what can I do?
All drivers are legally obligated to carry third party insurance. This means that if a driver causes injury or damage to another party-even the driver’s own passengers-the driver’s insurance may be responsible for paying for those injuries. However, in cases where the driver of another car is unidentified or uninsured then a claim can be processed via the Motor Insurance Bureau of Ireland, (MIBI). The MIBI was set up in 1955 by an Agreement between the Government and the Companies underwriting motor insurance in Ireland for the purpose of compensating victims of road traffic accidents caused by uninsured and unidentified vehicles
The MIBI compensation scheme covers Personal Injury claims irrespective of whether the offending vehicle is identified or not. Compensation for Personal Injury may be payable, subject to liability, in all cases where the offending vehicle is uninsured or cannot be identified. It is not always possible to claim compensation for vehicle or property damage under the MIBI compensation scheme. Where the offending vehicle is not identified there is no provision in the 1988 or the 2004 MIBI Agreements to recover losses for vehicle or property damage. The 2009 Agreement introduced compensation for vehicle or property damage against an unidentified vehicle where there are significant personal injuries arising from the same accident. There is a time-limit of one year from the accident date in which to apply for compensation for vehicle and property damage under the 1988 and 2004 MIBI Agreements. Where the damaged vehicle is comprehensively insured or the damaged property is covered under a policy of insurance, the Agreement stipulates that the claim must be dealt with by the insurer of the vehicle or property. There is a Protocol in place between MIBI and all companies writing motor insurance here which guarantees protection of the No Claims Bonus where the comprehensive insurer compensates the policyholder on behalf of MIBI.
This Protocol ensures a speedy resolution of the claim and avoids delay in having the vehicle repaired.
Therefore this approach would allow you to deal with your vehicle damage, without being penalised yourself, if the accident was not your fault.
Gemma Lyons is a solicitor with Alex O’Neill Solicitors
Your questions Send your legal queries to lawlink@alexoneill.ie or by post to Alex O’Neill Solicitors 22 Barrington Street, Limerick. We aim to deal with a representative sample of queries received. The column is a reader’s service and is not intended to replace professional advice. No individual correspondence will be entered into.
