Uninsured and Unidentified Driver Claims in Ireland

Uninsured and unidentified vehicles are different

Where a road traffic accident is alleged to have been caused by an uninsured or unidentified vehicle, MIBI may have a role under the applicable MIBI Agreement.

An uninsured claim generally concerns an identified vehicle or driver where the relevant use was not covered by valid insurance. An unidentified claim concerns a vehicle or driver that cannot be identified or traced. The distinction matters because different provisions apply, particularly to vehicle and property damage.

Eligibility is not automatic. The circumstances of the collision, liability, insurance status, supporting evidence and the terms of the MIBI Agreement must be considered.

What to do after the collision

Safety and medical needs come first. If anyone is injured or requires urgent assistance, contact the emergency services on 999 or 112.

If a person is injured and no Garda attends the scene, An Garda Síochána states that the collision must be reported to the nearest Garda station.

Where it is safe and possible, useful information may include:

• The vehicle registration, make, model and colour.
• The driver’s and vehicle owner’s details.
• Any insurance information provided.
• Photographs of the vehicles, damage, road layout and surrounding area.
• Witness names and contact details.
• Dashcam, mobile-phone or CCTV footage.
• The Garda station, reporting details and incident reference.
• Medical records and details of treatment.

The relevant insurer should be notified promptly. MIBI states that only its receipt of a fully completed and signed Claim Notification Form constitutes formal notification of an MIBI claim. Supporting documents should be supplied where available.

What MIBI investigates

MIBI’s current guidance states that its initial investigation of an uninsured-vehicle claim includes establishing the facts, the insurance position of the alleged offending vehicle or driver and obtaining a Garda report. In an unidentified-vehicle claim, it investigates the circumstances and obtains a Garda report.

Liability must still be established. Relevant evidence may include witness accounts, photographs, footage, vehicle and insurance information, Garda material, medical evidence and documents supporting financial losses.

Uninsured vehicles and property damage

MIBI’s current public guidance states that a vehicle or property claim involving an uninsured vehicle requires the alleged offending vehicle to be identified by a valid registration plate.

Where the damaged vehicle is comprehensively insured, the vehicle insurer may deal with the vehicle-damage claim under the MIBI No Claims Discount Protocol. MIBI’s current guidance states that the protocol protects the claimant’s motor no-claims bonus and, for accidents after June 2020, the motor insurer will not deduct or charge a policy excess. The current policy terms and MIBI guidance should be checked in the individual case.

Unidentified vehicles and property damage

MIBI’s current guidance provides for personal-injury claims arising from accidents caused by unidentified vehicles. It states that vehicle or property damage is not ordinarily covered where the vehicle remains unidentified.

The stated exception applies where substantial personal injuries involving an inpatient hospital stay of five days or more arise from the same incident. MIBI currently states that a €500 property-damage excess applies in those circumstances. Eligibility should be checked against the current Agreement and MIBI guidance.

The Injuries Resolution Board process

Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.

A completed application ordinarily includes an application form, the applicable processing fee and a completed medical report from a treating doctor. The accident and proposed respondent must also be identified.

The Board advises a person involved in a motor accident where the other driver was uninsured or left the scene to contact MIBI first. MIBI can provide insurance-status information that may assist with the Board application.

MIBI notification and an Injuries Resolution Board application are separate processes. Depending on the case, both may be required.

Time limits and MIBI notification

Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.

MIBI’s current uninsured- and unidentified-vehicle guidance separately states a two-year notification period for personal-injury claims from the date of the accident and asks claimants to notify it as soon as possible. Prompt advice is important because respondent, notification and limitation issues can differ.

Medical evidence and financial losses

Medical records and reports may help establish the injury, reported symptoms, treatment, prognosis and causal relationship with the collision. A medical report is ordinarily required for an Injuries Resolution Board application.

General damages concern pain, suffering and the effect of an injury. Special damages concern supported financial loss, which may include medical expenses, treatment costs, travel expenses and loss of earnings. Vehicle or property damage requires separate consideration.

Receipts, invoices, payslips, repair estimates, insurance correspondence and proof of payment should be retained.

Frequently asked questions

Can a personal-injury claim be considered if the other driver was uninsured?

MIBI may compensate a person injured by the negligent use of an uninsured vehicle, subject to liability, evidence and the applicable Agreement conditions.

What if the vehicle left the scene and cannot be identified?

The matter may fall under MIBI’s unidentified-vehicle arrangements. The collision should be reported appropriately, available evidence should be preserved and MIBI should be notified promptly.

Is an incomplete MIBI form sufficient notification?

MIBI states that only receipt of a fully completed and signed Claim Notification Form constitutes formal notification.

Is an MIBI notification the same as an Injuries Resolution Board application?

No. They are distinct processes, although both may be relevant to the same personal-injury claim.

Related information

• Road traffic accident claims in Ireland
• Car accident claims
• Cyclist accident claims
• Personal injury claims process
• No Win No Fee Explained

Official information

• MIBI — making a claim
• MIBI — uninsured vehicles
• MIBI — unidentified vehicles
• An Garda Síochána — road traffic collision guidance
• Injuries Resolution Board — how to make a claim
• Injuries Resolution Board — claimant FAQs
• Law Reform Commission — revised personal-injury limitation provision
• Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7

This page provides general information and is not a substitute for legal advice concerning a particular case. No solicitor-and-client relationship arises until Lalloo Solicitors confirms its appointment in writing.