Proposed Amendments to M.I.B.I Agreement Claims against Uninsured Drivers

Litigation 01/05/1988

Changes in the scope of the protection provided to injured parties under the existing M.I.B.I. Agreement introduced in 1964 are likely to be effective as soon as the Department of the Environment introduces the Provisions of the Second E.E.C. Motor Insurance Directive. At the moment cover afforded by the Bureau is limited to claims for personal injury only in respect of Third Party risks compulsorily insurable under the Road Traffic Act and the classes of person who may claim against the vehicle owner or user under Section 65 of the Road Traffic Act, 1961 are restricted. There is no provision for payment for damage to property.

The Litigation Committee of the Law Society has prepared a list of suggested submissions to the Department. The Directive covers those suggested in the Committee's submissions but omits cover for pillion passengers on motor cycles and back seat passengers in vans and commercial vehicles.

The proposed improvements which the Government will introduce based on the Directive are:

  1. As and from 31st December 1988 victims of hit and run accidents would be entitled as of right to compensation for all personal injuries from the M.I.B.
  2. Property damage caused by uninsured or stolen vehicles:
  1. As from 31st December 1992 property damage is payable exclusive of the first £1,088.00
  2. From 31st December 1995 exclusive of the first £363.00 for non-insured vehicle and £181.00 from stolen vehicles.
  3. From 31st December 1987 minimum property damage under compulsory motor insurance increased from £1,000.00 to £37,000.00
  4. From 31st December 1990 to £73,000.00

The time limit for claiming for personal injuries to the Bureau is three (3) years and for property damages one (1) year from date of accident.

The Directive also sets out the procedure to be adopted in making claims and for the first time the M.I.B.I. will be given the right to intervene in cases where the Mandate has not been signed and secure copies of pleadings lodged in Court in relation to claims for compensation against drivers of stolen or uninsured vehicles.

The Directive is welcomed by the profession as providing a more equitable basis of redress for innocent parties who have suffered loss as a result of the negligence of uninsured drivers.P>