Being involved in a road traffic accident is distressing in any circumstance. When the driver responsible was uninsured or has left the scene and cannot be traced, the situation can feel even more uncertain. You may be unsure whether you can seek compensation at all. The good news is that Irish law provides a clear pathway through the Motor Insurers' Bureau of Ireland (MIBI). At Michael Boylan Litigation, we support people through this process and ensure that the correct procedures are followed from the very start.
What Is the MIBI?
The Motor Insurers' Bureau of Ireland (MIBI) is a non-profit organisation established in 1955. It exists to compensate people who are injured or suffer damage in road traffic accidents caused by uninsured or untraced drivers. Every company that underwrites motor insurance in Ireland must be a member of MIBI, and the Bureau is funded through contributions from those insurers.
The MIBI operates under the MIBI Agreement 2009, a formal agreement between the Bureau and the Minister for Transport. This Agreement sets out the rules governing when MIBI will pay compensation, the conditions a claimant must satisfy, and the procedures that must be followed.
When Does the MIBI Apply?
Uninsured Drivers
If the driver who caused the accident can be identified but did not have valid motor insurance at the time of the collision, the MIBI steps in as the compensating body. In these cases, the driver and/or the registered owner of the vehicle are typically named alongside the MIBI in any proceedings.
Untraced Drivers (Hit-and-Run)
If the driver responsible left the scene and cannot be identified, the MIBI can still consider your claim. These are known as untraced driver claims, and they carry additional requirements, including a mandatory interview (see below). It is important to understand that the rules for untraced claims are more stringent than for uninsured claims, particularly when it comes to property damage.
The MIBI Claims Procedure Step by Step
Step 1: Report the Accident to An Garda Síochána
Under Clause 3.13 of the MIBI Agreement, you must report the accident to the Gardaí within two days, or as soon as it is reasonably possible to do so. This is a condition precedent, meaning that MIBI's obligation to compensate you depends on you meeting this requirement.
When reporting, make sure to:
Record the Garda station name and the PULSE reference number (The unique reference assigned to the incident by the Gardaí).
Provide as much detail as possible: The date, time, and location of the accident, the vehicles involved, and any injuries sustained.
Note the registration number of the other vehicle, if known.
For untraced driver accidents (hit-and-run), reporting to the Gardaí promptly is especially important, as it establishes an official record of the incident.
Step 2: Notify the MIBI Formally
Under Clause 3.14, you must provide the MIBI with formal written notification of your claim. This is done by completing the MIBI Claim Notification Form, which can be submitted online or downloaded and returned by email or registered post.
A phone call alone does not count as formal notification. Only a fully completed and signed Claim Notification Form satisfies this requirement. When completing the form, you will need to provide:
Your personal details and contact information.
Full details of the accident: Date, time, location, and circumstances.
Vehicle details: Registration number(s) of all vehicles involved, where known.
Garda station and PULSE reference number.
A description of your injuries and any medical reports available.
Details of any witnesses.
Keep a copy of the completed form and proof that it was submitted.
Step 3: Submit Your Claim to the Injuries Resolution Board
For personal injury claims, the claim must also be submitted to the Injuries Resolution Board (formerly known as PIAB). This applies to MIBI claims in the same way it applies to other personal injury claims in Ireland. Your solicitor will prepare and submit the application, naming the MIBI as a respondent (along with the uninsured driver and/or vehicle owner, if identified).
The Injuries Resolution Board will assess the claim and propose a compensation amount. If either party rejects the assessment, the Board will issue an Authorisation allowing the case to proceed to court.
Step 4: The MIBI Investigation
Once the MIBI receives your Claim Notification Form, it will commence its own investigation. This typically involves:
Establishing the facts of the accident.
Confirming the insurance status of the offending vehicle and/or driver.
Obtaining the Garda report.
When the investigation is complete, and if it is confirmed that the other vehicle was uninsured or untraced, the MIBI will pass the claim to one of its Claims Management Service Providers to continue handling the matter. That provider will then engage with the Injuries Resolution Board process or accept service of court proceedings.
Step 5: Assessment, Settlement, or Court Proceedings
The claim then follows a similar path to other personal injury claims. The Injuries Resolution Board may issue an assessment, which both parties can accept or reject. If the matter proceeds to court, your solicitor will issue proceedings and represent your interests throughout.
Your solicitor will also issue a Section 8 letter (under the Civil Liability and Courts Act 2004), which is a formal letter of claim notifying the other side of the details of your case. This is a standard requirement in personal injury litigation in Ireland.
Important Conditions You Must Meet
The MIBI Agreement sets out a number of conditions precedent in Clause 3. These are obligations you must satisfy in order for the MIBI to be liable to compensate you. The most important include:
Garda report: Report the accident within two days, or as soon as reasonably possible.
Formal notification: Submit a fully completed and signed MIBI Claim Notification Form.
Cooperation: You must cooperate fully with the MIBI's investigation, including providing information and attending interviews when requested.
Honest disclosure: All information provided must be truthful and accurate.
If any of these conditions are not met, the MIBI may seek to decline your claim. Having a solicitor involved from the outset helps ensure that each requirement is properly addressed.
The 30-Day Interview for Untraced Claims
If your claim involves an untraced driver (where the other vehicle has not been identified), there is an additional requirement. Under the MIBI Agreement, you must make yourself available for an interview with the MIBI within 30 days of the Injuries Resolution Board application. This interview allows the MIBI to gather further details about the accident and assess the credibility of the claim. Your solicitor can advise you on how to prepare for this interview and what to expect.
Proving Your Claim
The strength of any MIBI claim depends on the quality and completeness of the evidence. The following are particularly important:
Garda report and PULSE reference: The official record of the incident.
Medical records and reports: Documenting your injuries, treatment, and prognosis (the expected course of your recovery).
Photographs: Of the accident scene, vehicle damage, and your injuries.
Witness statements: Contact details and accounts from independent witnesses are especially valuable in untraced driver cases.
CCTV footage: If available from nearby premises, request it promptly, as footage is typically retained for only 7 to 30 days.
Dash-cam recordings: From your own vehicle or other vehicles nearby.
Financial records: Payslips, receipts, and invoices for any expenses or lost income arising from the accident.
Gathering evidence as soon as possible after the accident is always advisable. The earlier it is collected, the more reliable and complete it will be.
Time Limits for MIBI Claims
The standard time limits for personal injury claims in Ireland also apply to MIBI claims:
Personal injury claims: Generally two years from the date of the accident, or from the date of knowledge (the date you became aware that your injury was caused by the accident).
Property damage claims: Up to six years.
It is always best to act promptly. Early legal advice ensures that all necessary steps are taken within the required timeframes.
Frequently Asked Questions
What is the MIBI Agreement?
The MIBI Agreement is the formal agreement between the Motor Insurers' Bureau of Ireland and the Minister for Transport, currently the 2009 Agreement. It sets out the circumstances in which the MIBI will compensate victims of accidents caused by uninsured or untraced drivers, and the conditions claimants must meet.
What happens if I did not report the accident within two days?
The Agreement requires reporting within two days or as soon as reasonably possible. If there was a valid reason for the delay, such as being hospitalised, this may be accepted. However, it is important to report as soon as you can. Your solicitor can advise on how to address any delay.
Can I claim for property damage from an untraced driver?
For untraced drivers, property damage is only covered in limited circumstances. Under Clause 7.1 of the MIBI Agreement, the claimant must have suffered significant personal injuries requiring at least five consecutive days as a hospital inpatient, and a €500 excess applies. If the driver is identified but uninsured, property damage claims may be considered more broadly.
Will my own insurance be affected?
Under the MIBI No Claims Discount Protocol, if you are hit by an uninsured driver and have comprehensive cover, your insurer will handle the claim and the MIBI will reimburse them. Your no-claims bonus should not be affected. For accidents after June 2020, your excess may also be waived. It is always worth confirming the position with your own insurer.
Get in Touch
At Michael Boylan Litigation, we understand how unsettling it is to be injured in an accident and then discover that the other driver was uninsured or has disappeared from the scene.If you have been injured in an accident involving an uninsured or untraced driver, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
