Uninsured Driver
Regardless of the circumstances, being involved in a road traffic accident can be a traumatic event and potentially leave you with lasting injuries and/or serious damage to your vehicle. However, the situation may become all the more stressful if you realise that the other driver is uninsured.
According to recent figures, 174,000 drivers in Ireland were driving without car insurance in 2021, equivalent to 1 in every 13 drivers. It is therefore of the utmost importance to ensure that you are insured before driving any vehicle, and that the relevant paperwork is up to date.
If you find yourself involved in a road traffic accident that is not your fault and the other driver is uninsured, what are your options for seeking compensation should you sustain an injury?
Motor Insurers Bureau of Ireland (MIBI)
Although the other driver may not have insurance, it is still possible to seek compensation with the Motor Insurers Bureau of Ireland (MIBI) through their compensation scheme.
The MIBI is a body set up in conjunction with the government and the insurance industry whose remit is to ensure that victims are compensated in the event that the other driver is uninsured.
Making a Claim with the MIBI
If such an incident occurs, the first step in the process will be to notify the MIBI of it, as well as of the intention to seek a claim for damages. Additional details will need to be outlined in a MIBI claim notification form, including the time, date, and location of the incident, your personal details, vehicle registration numbers, details of vehicle damage, injuries sustained, and the attendance of any medical/Gardai presence at the scene.
The MIBI will then conduct an investigation, which may include interviewing all involved parties and determining the insurance situation of the alleged guilty driver and vehicle. Should the incident fall under the remit of the MIBI, the body will then appoint an Irish insurance company to handle the claim.
The MIBI will then become a party to the legal proceedings and, alongside the offending party, will be named as a defendant. Should the claimant’s claim prove successful, they will receive a compensation payment from the MIBI, and the matter will be considered resolved.
Contacting a Solicitor
If you are in the unfortunate situation where you were involved in a road traffic accident with an uninsured driver and you wish to seek compensation, it is strongly advised that you connect with an experienced solicitor with expertise in this area.
By contacting a solicitor, you can rest assured that the process of submitting a claim to the MIBI will go smoothly, and that your chances of receiving compensation will be maximised.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
