Uninsured & Unidentified Driver Claims
What Are Uninsured Driver Accident Claims?
If you are involved in an accident and suffer injury caused by a third party vehicle, compensation would normally be paid by that third party’s insurance. However, if they are driving without insurance, the regular system for payouts does not apply and you should look to carry out an uninsured driver personal injury claim.
There is an established process in place for uninsured driver claims which this article will underline in full.
What to Do if You Are in An Accident With An Uninsured Driver?
If the driver stops at the scene then details between both parties will usually be exchanged. It may be the case that false insurance details are provided and the lack of adequate cover is established at a later date. In all instances, it’s therefore vital to take the vehicle details including the registration number. Next, it’s important to notify your own insurance provider as soon as possible. If personal injury has been sustained, the Gardai must be informed.
Once it has been established that the third party responsible for the accident does not have insurance in place, the uninsured driver accident claims process begins. When hit by an uninsured driver, Ireland has a body in place known as the Motor Insurers’ Bureau of Ireland (MIBI).
They should be informed as soon as the circumstances are known and, once it’s been established that there is a valid uninsured driver claim, MIBI will expect that the injured party will appoint a solicitor to take the case further.
Can You Claim for Property Damage Caused by An Untraced Vehicle?
There are occasions when a vehicle causes damage to third party property and leaves the scene. In many cases, they can be traced at a later date but there are instances where identification simply isn’t possible.
In these cases, the MIBI can consider untraced or uninsured driver claims for:
Damage to Household Property
Damage to your Vehicle
The circumstances relating to the claim will be assessed on an individual basis, so if you are considering suing for property damage following a car accident, it is possible to do so even if the person responsible is uninsured or cannot be traced.
How To Make A Claim Against An Uninsured Driver?
Anyone looking to put in a claim against uninsured drivers should contact the MIBI in the first instance and then, they should look to appoint a solicitor to act on their behalf. A solicitor can assess the injuries and damage sustained and establish the potential payout that would be involved.
In the meantime, the MIBI will be carrying out their own investigations into the accident and will establish the circumstances and any liability concerned. Once it’s been confirmed that the third party is liable and that no insurance is in place, the claim form is submitted by the solicitor and the uninsured driver claims process can be completed.
How Long After An Accident With An Uninsured Driver Can You Claim?
Uninsured driver accident claims should be submitted as soon as possible and there are strict time limits in place. The MIBI advises that the legal limits involved are as follows:
Personal Injury Claims: Two Years
Property and/or Vehicle Damage: Six Years
The sooner the claim is submitted, the greater the chances are of obtaining compensation but those time limits should always be kept in mind.
What Is The Average Payout for An Uninsured Driver Accident Claim?
While it is possible to state an average figure for uninsured driver accident claims, the exact amount that our clients receive will be dependent on a number of factors. For damage to property and vehicles, the numbers are easier to establish as the cost of repairs are simple to confirm and it’s those exact sums that we will look to recover.
For personal injury claims, the process isn’t quite so straightforward and the level of compensation will depend on a number of factors. Firstly, the assessors will study the severity of the injuries that have been suffered. Naturally, a minor muscle strain will attract less in compensation than an incident which leads to multiple fractures while there are many potential injury points in between those two examples.
Loss of earnings is another obvious factor and, for those who are regularly employed and without accident and sickness cover, this will be relatively straightforward to identify. For self employed people, proof of earnings must be submitted.
The circumstances of the incident can also play a part in establishing the likely sums involved so, for a more accurate analysis, it’s important to discuss the incident with a solicitor who has experience in dealing with uninsured driver accident claims. All of the above factors will then be taken into account and potential payouts discussed.