Personal Injury claims and uninsured and untraced drivers in Northern Ireland

Uninsured and untraced drivers - compensation claims in Northern Ireland

Almost 7,000 uninsured drivers were stopped by the PSNI in 2021. It is likely the real number of uninsured drivers is far in excess of this. It is a criminal offence to drive an uninsured vehicle on a public road in Northern Ireland. Insurance is necessary to cover the cost of meeting damage and personal injury claims resulting from road traffic accidents and questions commonly arise where accidents occur and there is no insurance or where the driver of the vehicle cannot be identified. This blog deals with some of the questions that we are commonly asked in such situations.

What is the Motor Insurers Bureau in Northern Ireland?

The Motor Insurers' Bureau (MIB) is a non-profit organization in Northern Ireland that was established to compensate victims of road traffic accidents caused by uninsured or untraced drivers. The MIB is funded by insurance companies that are authorized to provide motor insurance in Northern Ireland, and it operates under an agreement with the Department of Environment (now the Department of Agriculture, Environment and Rural Affairs).

If you are involved in an accident with an uninsured or untraced driver in Northern Ireland, you can make a claim for compensation from the MIB. The MIB will investigate the claim and if it is satisfied that the accident was caused by an uninsured or untraced driver, it will pay compensation to the victim in accordance with the relevant legal provisions.

In 2021, the MIB in the UK handled 26000 personal injury claims, a 25% increase on the previous year.

It is important to note that the MIB is not an insurance company and does not provide motor insurance policies. Its main role is to compensate victims of road traffic accidents that are caused by uninsured or untraced drivers.

What are the relevant MIB agreements in Northern Ireland?

There are several relevant MIB agreements in Northern Ireland, which govern the operation of the Motor Insurers' Bureau in relation to compensation for victims of road traffic accidents. These agreements include:

• The Uninsured Drivers Agreement: This agreement covers compensation for victims of accidents caused by uninsured drivers. It sets out the terms and conditions under which the MIB will provide compensation to victims of such accidents, including the level of compensation that will be paid and the procedures for making a claim.

• The Untraced Drivers Agreement: This agreement covers compensation for victims of accidents caused by untraced drivers. It sets out the conditions under which the MIB will provide compensation to victims of such accidents, including the time limits for reporting the accident and making a claim, as well as the procedures for investigating the claim.

• The Green Card System: This system allows drivers to use their motor insurance policy to drive in other European Union countries, as well as certain other countries that have agreed to participate in the system. The MIB in Northern Ireland is responsible for administering the Green Card System for drivers in Northern Ireland. It also applies when an accident was caused by a foreign motorist in Northern Ireland. If foreign motorists are involved in an accident in Northern Ireland and there is no insurance policy in existence, the MIB may be able to provide compensation for damage and personal injury.

Who can make an uninsured driver accident claim?

• Anyone who was injured by an uninsured driver or a stolen vehicle is eligible to make an uninsured driver accident claim. This includes drivers, passengers, pedestrians, cyclists and motorcyclists.

• You can also claim on behalf of a loved one who was involved in an uninsured driver accident but is unable to make their own claim.

However passengers injured while travelling in a vehicle that they know is stolen or with a driver they know is not insured are not eligible under the scheme.

What is meant by uninsured drivers under the MIB scheme?

Under the MIB scheme, an uninsured driver is defined as someone who was driving a motor vehicle without a valid insurance policy. This can include drivers who have no insurance at all, or drivers who have insurance but their policy does not cover the vehicle they were driving at the time of the accident.

What is meant by untraced drivers under the MIB scheme?

Under the MIB scheme, an untraced driver is defined as someone who was involved in a road traffic accident and cannot be identified. This can include situations where the driver fails to stop at the scene of the accident (hit and run accidents), or where they provide false information that prevents their identification.

What are the conditions for making an application for compensation under the uninsured motorists scheme in Northern Ireland?

In Northern Ireland, there are several preconditions that must be met in order to make an application for damages under the MIB scheme:

• The accident must have occurred on or after 1st January 2003: The current MIB scheme in Northern Ireland only applies to accidents that occurred on or after 1st January 2003.

• The accident must have been caused by an uninsured driver: You can only make a claim under the uninsured motorists scheme if the accident was caused by an uninsured driver. This includes drivers who do not have insurance at all, as well as drivers who have insurance but their policy does not cover the vehicle they were driving at the time of the accident.

• You must have reported the accident to the police within a certain time frame: In order to make a claim under the uninsured motorists scheme, you must report the accident to the police within a certain time frame. It is generally advisable to report the incident as soon as possible to maximize your chances of making a successful claim.

• You must have taken reasonable steps to identify the driver: If the driver responsible for the accident cannot be identified, you must have taken reasonable steps to try to identify them.

• You must have suffered injury or damage as a result of the accident: To make a claim under the uninsured motorists scheme, you must have suffered injury or damage as a result of the accident. This may include physical injuries, psychological harm, or damage to your property.

What are the conditions for making an application for compensation under the untraced motorists scheme in Northern Ireland?

In Northern Ireland, there are several preconditions that must be met in order to make an application for damages under the untraced motorists scheme:

• The accident must have occurred on or after 1st June 2003: The current untraced motorists scheme in Northern Ireland only applies to accidents that occurred on or after 1st June 2003.

• The accident must have been caused by an untraced driver: You can only make a claim under the untraced motorists scheme if the accident was caused by an untraced driver. This includes situations where the driver failed to stop at the scene of the accident, or where they provided false information that prevented their identification.

• You must have reported the accident to the police within a certain time frame: In order to make a claim under the untraced motorists scheme, you must report the accident to the police within a certain time frame.

• You must have taken reasonable steps to identify the driver: If the driver responsible for the accident cannot be identified, you must have taken reasonable steps to try to identify them.

• You must have suffered injury or damage as a result of the accident: To make a claim under the untraced motorists scheme, you must have suffered injury or damage as a result of the accident. This may include physical injuries, psychological harm, or damage to your property.

• You must have made a reasonable effort to establish the identity of the vehicle: If the driver responsible for the accident cannot be identified, you must have made a reasonable effort to establish the identity of the vehicle involved in the accident.

How long do I have to make a claim for personal injury?

Normally you have three years from the date of your injury. However:

• If your child sustains injury, a claim can be made any time before the child reaches the age of 18. Once your child reaches the age of 18, they have a further three years to make a claim themselves until they reach the age of 21.

• If the person who sustains the injury does not have mental capacity then there are no time limits.

What should I do if I have an accident?

• Stop. A driver is legally required to stop and remain at the scene of an accident for a reasonable time. It is an offence not to do so.

• If possible, get the other driver’s details. A driver is legally required to stop and remain at the scene of an accident for a reasonable time. It is an offence not to do so. A driver is legally obliged to give you their name and address, the name and address of the owner of the vehicle if different than the driver, the registration number and particulars of insurance.

• Call the PSNI if your injuries are in any way significant or you are having difficulty with the driver.

• Take photos of the accident scene and if possible, the vehicles involved.

• Take the contact details of any witnesses. Establish if there is dash or head cam footage or other photos.

• If you have sustained injury seek medical help and treatment.

• If the PSNI did not attend the scene of the accident, report the accident as soon as possible to your nearest PSNI station. Remember to get the name and contact details of the officer to whom you reported the accident and the ID log details for it.

• Contact your solicitor.

What compensation will I receive for injuries sustained in an accident?

This will depend on the nature of your injuries and your financial loss. It will include:

• Compensation for your injuries – both physical and psychological. The amount depends on how serious your injuries were and how long it takes you to recover from them.

• All your medical expenses, now and into the future.

• Any loss of earnings, now and into the future.

• The costs of any adaptions to your home or car because of your injuries.

• Any care costs that have been or will be incurred because of your injuries.

• Any other expenses.

A car hit me when I was cycling but did not stop and as a result I could not find out who the driver was. I sustained injuries. Can I claim compensation?

Yes. In cases where you have sustained injuries caused by the driver of a motor vehicle which does not stop or is uninsured, you may bring a claim for compensation for your injuries and other financial loss against the Motor Insurers Bureau (MIB). The MIB act as if they were the insurer of the untraced/uninsured vehicle.

I was hurt in an accident when I was hit by an e-scooter on a public road. The e-scooter owner has no insurance. Do I have a claim for compensation?

Yes. You can pursue a claim for compensation against the Motor Insurers Bureau, the body set up by insurance companies to compensate victims of accidents involving uninsured or untraced vehicles. The MIB steps into the shoes of what should have been an insurer and will compensate the victim of an accident involving an e-scooter for their injuries.

Why should you instruct the Kearney Law Group?

We at the Kearney Law Group are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from an accident with an uninsured or untraced motorist.  We will ensure you recover compensation for your injuries, swiftly and professionally.

We only do personal injury law and are experts at it.

For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form

The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.