1992 and the Hit and Run Driver

Litigation 01/01/1989

EEC Directive leads to new MIBI Agreement

People who suffer personal injuries in road accidents caused by "hit and run" drivers will have enhanced protection as from 31st December 1988. As the result of the implementation of the Second Directive on Motor Insurance 84/5/EEC victims of such accidents occurring on or after 31st December 1988 will have a right to compensation for personal injuries incurred in road accidents involving vehicles whose drivers are unidentified or untraceable or found to be uninsured.

Compensation will be payable by the Motor Insurers Bureau of Ireland (MIBI). Under the terms of the new agreement reached between the Minister for the Environment and the MIBI, injured parties will no longer have to obtain a judgement against uninsured driver but can apply directly to the MIBI for compensation. Injured parties will also have a right of redress to the Courts where they have been refused compensation or consider the compensation offered to be inadequate.

In addition an uninsured driver who suffers personal injuries in a collision with a vehicle driven by another uninsured driver will in future be entitled to compensation.

A further extension of the liability of the MIBI will come into force in respect of accidents occurring on or after 31st December 1992. As from that date the MIBI will pay compensation for property damage caused by uninsured (including stolen) vehicles. This will not however, include damage caused by unidentified or untraced drivers.

Practitioners should note that claims must be made by registered post to the MIBI within 3 years from the date of the accident giving rise to the death or personal injury. When compensation for property damages becomes payable claims will have to be brought within 1 year of the accident.