# Traffic Accident. Sueing the MIBI because the wont accept the claim



## Eamonn T (2 Jul 2011)

I would appreciate some advice on my current situation. 

Last August I was involved in a road traffic accident.

I was struck on my drivers door while stopped at a junction by a van attempting to negotiate the junction with a little to much speed!

He reversed back and sped away from the accident. I knocked my head against the drivers door window, shattered it and I was knocked on conscious. I also sustained some more serious injuries. 

I got a glimpse of the van enough to see that it was a white Mercedes van with a blue stripe that was similar to vans used by a company who performs maintenance to machinery at a local quarry. A witness who stopped when passing by and seen the accident also thought it was one of this companies vans. Both of us failed to get the registration however.

I contacted the Gardai who searched the area for this van but turned up no results. I also give a statement a few days later. I contacted local hotels to check if there was any of this company employees staying there on the night of the accident as they usually stay in local hotels when working in the area but no results, I also contacted local garages and the main Mercedes dealer to check if they repaired the van but I turned up no results there either. I contacted the company I suspected owned the van but they denied being in the area on this night.

I contacted a solicitor who advised me to claim compensation for my injuries and the damage of my Jeep from the MIBI as the vehicle was untraced. 

The company I thought owned the van has informed my solicitor that all their vans are fitted with satellite trackers and they have supplied us with logs which show none of their vans in this area on the night of the accident so looks like I was wrong and it was a similar van to theirs but not one of theirs.

However now the MIBI have refused to accept the claim and have basically told my solicitor he should be suing the company I had thought owned the van - a case we would clearly loose and incur their legal costs.

My solicitor now wrote to the MIBI asking them to confirm in writing that they wish us to sue this company based on a suspicion that seems to have been wrong and if they do he will be seeking any costs incurred by me from this case from them ( the MIBI ). 

I was wondering if anyone has any advice for me regarding this situation and what happens next  as I am not at all familiar with courts or insurance claims ect.

How long will it take to get a court date if my solicitor gets a barrister to take the case to the circuit court? 

Iv been told anything up to 10 years!?


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## ajapale (2 Jul 2011)

Whats MIBI?


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## Crugers (2 Jul 2011)

http://www.mibi.ie/


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## ajapale (2 Jul 2011)

Thanks crugers,

So MIBI are the Motor Insurers Bureau of Ireland.




> The *Motor Insurers Bureau of Ireland   [MIBI]* was set up in 1955 by an Agreement between the Government and the  Companies underwriting motor insurance in Ireland for the purpose of  compensating victims of road  traffic accidents caused by uninsured and  unidentified vehicles.
> 
> If you have been involved in an accident caused by an unidentified vehicle or a vehicle which you believe to be uninsured *click here*.
> 
> If you have been involved in an accident caused by a foreign registered vehicle *click here*.


aj


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## ajapale (2 Jul 2011)

What does your solicitor advise?


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## onq (2 Jul 2011)

Hi Eamonn,

A few words.

#1

I would not pursue the court action with so little evidence gathered and  so much to do to examine and prepare even the circumstantial evidence  for such a case.
I fail to see how you can successfully sue a company that has proof none  of its vans were involved and have offered you this proof in advance of  any legal action, freely, and in response to what to them may have  seemed like an outrageous allegation.

#2

However documentary evidence offered by the alleged perpetrator may have been (i) forged or (ii) tampered with.
(i) forged to show a truck that was in the area was not
(ii) tampered with to remove a record of a truck that was in the area.

You need to check all their trucks against all the documented  registrations and transponders before you accept any of that evidence,  including road testing each truck and seeing that its transponder is  shown in the correct location, plus check them for evidence of setting and re-setting again, or of new transponders having been fitted or of them having new or relatively new trucks not yet fitted with transponders.

#3

Ask the Gardaí to access any video surveillance cameras that might have seen the incident - 

(i) at the junction
(ii) at a nearby petrol station
(iii) in a local shop looking towards the door
(iv) at junctions or shops IN ALL ROADS leading to and from the site of the incident.

You only need to show evidence of one of their trucks in the are to  prove the company are dissembling or are being deceived by one of their  employees.

And it might actually show a different vehicle was involved.

#4

You've had a head injury.
People seldom remember such accidents.
You may not be remembering things correctly.
The first thing you do is question your own evidence.

If talking to witnesses do NOT lead the conversation with lines like - "I was hit by a white Mercedes Van did you see it?"

Merely ask them if they witnessed an accident in that location,  otherwise you are giving them information they may unconsciously  regurgitate in offering evidence.

Better still, let a professional do the interviewing, like a member of the Gardaí.

#5

There should be some paint on your car from such an incident.
Find it and have it analyzed - make sure it was a white Mercedes van that hit you.
Then ask the police to contact spray shops and body shops in the area to see what recent work was done.


#6

You've had a serious  impact to your head.
Have your head properly examined by a specialist.
This should include an MRI  scan and an assessment for deep tissue injury and blood clots.


==================


Food for thought I hope.

ONQ.

All advice on AAM is remote from the situation and cannot   be                           relied                      upon                                                                                                                                                     as   a                        defence          or                        support    -                 in                   and         of                              itself       -                                       should                                        legal                                     action                         be                                        taken.
              Competent professionals should be asked         to inspect and                             advise        in                                                                                                                                                            Real              Life              with                      rights         to                             inspect                 and                            issue                                     reports                 on                        the                                                       matters                at                                      hand.


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## Eamonn T (3 Jul 2011)

Thanks for your detailed reply onq, 

#1. 
I understand what you are saying, The problem I have with suing the Company is that I am not absolutely certain it was their van that hit me, from what I remember it looked similar but only that.

#2.
I have contacted a friend who works in the local Mercedes Dealer who going to check the model if any of GPS for me.

#3.
The accident occurred in a very rural area no cctv or filling stations for miles but the gardai have left no stone unturned to try and find proof the van was in the area but all has turned up nothing.

#4.
I think your exactly correct here, I think after been knocked for six I seen a van that was similar or resembled this companies van and now im starting to think I was wrong.

#5.
I know for a fact it was a Merc van, that is one thing I am absolutely positive about as I clearly seen the Merc Emblem on the radiator grill as it was striking my door, the witness was positive about it being a Merc van also, but their wasn’t enough paint on my vehicle to match it to paint code charts the body shop told me anyway.

#6.
Yes Iv had all the scans and x-rays done, I’m on pain killers and have been given a tens machine by the rehab and im attending physiotherapy twice a week ect. so im getting there I suppose !..
___________________________________________________________________________________________________________________________________

The problem im having at the minute is that the MIBI are sort of saying I should be suing the company whose van I think it might have been, but have no proof only a suspicion, and not suing or seeking compensation from them ( The MIBI ).

It seems one of the rules they have is that a claimant struck by an untraced vehicle must show the MIBI that they have tried everything possible in their power to locate or trace the vehicle and driver involved, which is fine, I actually understand that and believe its only right,
but they seem to be taking the view that I have not done everything possible in my power to locate the vehicle which I think is crazy!.. What more can I do!!..


(1) I have contacted the Gardai after the accident happened,

(2) They searched the area for the van, 

(3) They searched and enquired at local hotels, pubs and the quarry they work at.

(4) I also checked the local hotels myself.

(5) I also checked local garages and body shops to see if anyone had repaired the van, the gardai also did this.

(6) Both myself and the gardai contacted the company directly and they denied it was their van.

I just cant understand what more they think I should have or should be doing to trace the vehicle!..


My solicitor has now written to the MIBI and asked for them to clarify if they wish us to include this company in our case as a Co-Defendant but has informed them that if our case against this company fails, we will be seeking any costs awarded against me in turn from the MIBI as I guess my solicitor feels the case and costs against the company could be avoided if the MIBI accepted the claim, as we feel we have met their criteria in doing everything possible in our power to locate and trace the vehicle which struck me.

It just seems they don’t agree that we have but are not telling us what more exactly they believe we should be doing!..

Any Ideas how long a case would take to be heard in the Circuit Court?..


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## onq (3 Jul 2011)

Nope, sorry, I'm not a solicitor or barrister.

You strike me as a reasonable sort of guy, whereas the MIBI seem to be unreasonable.
I'm wondering if there is any outside organization that could bring pressure to bear on the MIBI, an ombudsman, or whatever.

I would be very wary of going down the road of suing someone at the request of the the people who should be paying out but who seem not to be willing to do so!
That sounds like nonsense to me, designed to muddy the water, expose you to a counterclaim you may not be in a position to defend adequately and in general divert you from getting money out of them.

I think you have to stick it to the MIBI and ask what more could you possibly do.
Than I think you have to purse them for the money.

You're very welcome re the reply Eamonn, but you seem to have done everything I came up with so I'm afraid I can suggest no more avenues of investigation to pursue.
Consider letting us know here on AAM how you get on.

ONQ.

All advice on AAM is remote from the situation and cannot   be                            relied                      upon                                                                                                                                                       as   a                         defence          or                        support    -                  in                   and         of                               itself       -                                       should                                         legal                                      action                         be                                         taken.
              Competent professionals should be asked         to inspect  and                             advise        in                                                                                                                                                              Real               Life              with                      rights         to                              inspect                 and                             issue                                     reports                  on                        the                                                        matters                at                                       hand.


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## ajapale (3 Jul 2011)

ajapale said:


> What does your solicitor advise?



What does your solicitor advise?


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## Vanilla (4 Jul 2011)

Eamonn T said:


> My solicitor has now written to the MIBI and asked for them to clarify if they wish us to include this company in our case as a Co-Defendant but has informed them that if our case against this company fails, we will be seeking any costs awarded against me in turn from the MIBI as I guess my solicitor feels the case and costs against the company could be avoided if the MIBI accepted the claim, as we feel we have met their criteria in doing everything possible in our power to locate and trace the vehicle which struck me.


 
You already have the answer. MIBI won't accept claim, you have no option but to pursue them. In case MIBI are right, you now have to join the company as a co-defendant. Your solicitor is already taking action to ensure that you are not going to bear the brunt of this companies costs.


Forget the Private Detective stuff, you are over complicating things for yourself. You have done all you can. 

How long will it take? Too difficult to say, depends on too many factors.


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