MIBI (Motor Insurance Bureau) and high court

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John joe

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I had a car accident that left me with very serious injuries that I will have for the rest of my life. I am persuing the (MIBI) Motor Insurance Bureau of Ireland as the car I was driving on the day of accident belonged to a friend and he had not got it insured. Can give some advice in Law and the MIBI in the high court? I also need to know what there policy is in paying out a claim for uninsured drivers?
 
Re: MIBI and high court

I didn't think that the driver of an uninsured car was eligible for any compensation; this [broken link removed] from the Sunday Business Post in February would seem to bear this out. Part of the article says "Section 5.3 of the May 2004 agreement excludes drivers of uninsured vehicles from compensation for death, injury or damage, whether they caused the accident or not. That exclusion has been applied in Ireland since 1988 for public policy reasons." That said, I don't know how the European Court of Justice ruled on the issue.

As far as I know, a claim must be lodged with MIBI within a year of the accident. This [broken link removed] gives details of the MIBI Agreement and Conditions precedent to making a claim. It should clarify matters for you a bit.

One way or another I think you would be well advised to consult a solicitor. I'm assuming you didn't realise you were not insured to drive, as, so far as I know, you would be in trouble otherwise, I think MIBI will not pay out where a person knew or should reasonably have known that they were not insured.
 
Re: MIBI and high court

If it is as serious as you say you should really talk to a solicitor. You cannot go straight to the High Court with a personal injury claim you must go to PIAB first. You didn't say who caused the accident was there another party involved?
 
Re: MIBI and high court

Thanks for both replies. I have read atricle 5.3 agreement of MIBI. However my accident happened before the 31st March 2004 in which the said agreement was made up. Also to the reply about contacting a solictor, I am now representing myself as it is not longer posssible to have my solicitor continue with the case as the Law Society found him for overcharging me. I cannot have a dishonest solicitor continue with this case anymore. So all replies are much appreciated.
I have printed off the Sunday business Post article that was printed on Sun Feb 17th. The ruling was to be made by thursday. Anyone know how the case went? or how could find out?
 
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Re: MIBI and high court

Correct me if I'm wrong, but is it not the case that you are in fact the uninsured driver?
 
Re: MIBI and high court

Yes I was an uninsured driver. I dont come under the 5.3 clause as my accident happened before the 31st March 2004 MIBI agreement. Due to the serious extent of my injuries I have to claim for compensation. Any have the MIBI agreement wrote before 31st March 2004?
 
Re: MIBI and high court

We've established that you were an uninsurred driver. Were you aware that you were not insured at the time? Also, if you are pursuing the MIBI for compensation as opposed to anyone else's insurers, can we assume that you were to blame for the accident or that it was a single vehicle crash

As for your solicitor issue, there is more then one solicitor in Ireland and if you're injuries are as serious as you've said, you wold be far better off finding another solicitor to represent you
 
Re: MIBI and high court

Unless someone else caused the accident i do not see how you have a claim.
 
Re: MIBI and high court

John joe said:
...I am persuing the (MIBI) Motor Insurance Bureau of Ireland as the car I was driving on the day of accident belonged to a friend and he had not got it insured...
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I am sorry to hear about your accident and injuries, but I admit I am at a loss here to see how you can sustain a claim against MIBI.

You state that you were driving and that the vehicle was not insured. It is the legal responsibility of anyone driving a vehicle to ensure that he or she has appropriate cover in place for a vehicle before taking it on the road.

Maybe I don't understand the circumstances, but why should the MIBI, and consequently me as a properly insured driver, pick up the tab for you?
 
Re: MIBI and high court

MIBI compensates innocent victims of accidents caused by uninsured and unidentified vehicles.

As someone who drives while knowing they are not covered by insurance could hardly be described as innocent, I was assuming that the OP was under the mistaken impression that he/she was insured.

Perhaps the OP can let us know whether that was the case or not?
 
Re: MIBI and high court

Unless someone else caused the accident i do not see how you have a claim.
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I agree with this. The purpose of the MIBI scheme is to pay compensation to people who would have been entitled to claim, but couldnt, because the other person was uninsured. How would you have been entitled to claim in the first place as the accident was your fault?

Also, there is a principal in law that you cannot be insured for losses incurred in engaging in illegal activity. I dont see how MIBI would be permitted to "insure" you for illegally driving a car?
 
Re: MIBI and high court

mathepac said:
I am sorry to hear about your accident and injuries, but I admit I am at a loss here to see how you can sustain a claim against MIBI.

You state that you were driving and that the vehicle was not insured. It is the legal responsibility of anyone driving a vehicle to ensure that he or she has appropriate cover in place for a vehicle before taking it on the road.

Maybe I don't understand the circumstances, but why should the MIBI, and consequently me as a properly insured driver, pick up the tab for you?
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Mathepac. I understand where you are comming from. I too was paying my contribution to the MIBI as I had been insured to drive my own car(which was parked at home on day of accident). The car which I was driving belonged to a friend and I honeslty thought it had been insured. After all he drove the car to my house.
 
Re: MIBI and high court

John joe said:
Mathepac. I understand where you are comming from. I too was paying my contribution to the MIBI as I had been insured to drive my own car(which was parked at home on day of accident). The car which I was driving belonged to a friend and I honeslty thought it had been insured. After all he drove the car to my house.
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Cars aren't insured for everyone to drive them as I am sure you now realise. Therefore unless your friend had an open drive policy, you were not insured. For you to be insured to drive your friends car you would either have had to transfer over your own insurance or have got your friend to extend his policy to cover you

From the sounds of it you were therefore an uninsured driver involved in an accident of your own making(I am assuming since you have made no mention of anyone else being involved) and you now expect the MIBI to pay you money for your own carelessness. Sorry to be so blunt but that basically is what it seems to me. What were you doing driving the car in the first place?
 
Re: MIBI and high court

If you have fully comprehensive cover on your own policy, it is possible to drive op's car with their permission with third party cover under your own policy.

Did you have fully comprehensive cover for your own car ??
 
Re: MIBI and high court

John joe said:
... The car which I was driving belonged to a friend and I honeslty thought it had been insured. ...
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Not good enough to think you are insured - it is your responsibility to make sure you have cover.

Therefore I believe from what you are saying that you were an uninsured driver at the time of the accident and unfortunately only 3rd parties to the accident might have claims (unless the accident involved another uninsured driver?)
 
Re: MIBI and high court

(unless the accident involved another uninsured driver?)
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Neither could claim in those circumstances according ot the 1998 document
 
Re: MIBI and high court

Red said:
If you have fully comprehensive cover on your own policy, it is possible to drive op's car with their permission with third party cover under your own policy.

Did you have fully comprehensive cover for your own car ??
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Doesnt make a difference. Third Party cover does what it says on the tin - covers third parties. It doesnt cover damage to the car being driven, and definitely doesnt cover injury to the driver! Neither will your comprehensive policy in your own car.

You cant sue yourself for your own negligence regardless of the insurance issue, so why would the MIBI pay out here?!!!
 
Re: MIBI and high court

It is not very clear from the OP's post what happened here, but I am guessing as follows:

1. He borrowed friend's car.

2. He crashed it.

3. There is some element of negligence on the part of the friend, in that, perhaps, the car was in some way unroadworthy. [off the top of my head, this is the only way I can think of whereby OP would be able to make a claim]

4. He wants to know if MIBI will cover his claim against the uninsured friend.

If I understand the situation correctly, then OP certainly needs a solicitor to advise. I would not venture any opinion.
 
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