Claims Against Uninsured Drivers Solicitors in Ireland

If the driver who injured you had no valid motor insurance, the Motor Insurers' Bureau of Ireland (MIBI) deals with the claim. This page explains how that works and what the MIBI needs from you.

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  • No upfront fees required
  • Clear written terms before you go ahead
  • Regulated by the Law Society of Ireland
No Win No Fee explained

What is a claim against an uninsured driver?

It is a personal injury claim where the driver at fault had no valid motor insurance. Third-party insurance is the legal minimum for every vehicle in Ireland, so an uninsured driver is breaking the law.

Your claim does not depend on whether that driver can pay: the Motor Insurers' Bureau of Ireland (MIBI) compensates people injured by uninsured and unidentified vehicles.

Typical situations include a policy that has lapsed, a driver using a car their policy does not cover, false insurance details and a stolen car. Read what happens when a client is hit by a stolen or uninsured vehicle.

Uninsured and untraced are not the same

An uninsured driver is known but had no cover. An untraced driver left the scene and cannot be identified. In an uninsured claim, the driver is still named and the MIBI is involved because there is no insurer to answer for them.

As part of its investigation, the MIBI establishes the insurance position of the vehicle and driver and gets a Garda report. For drivers who could not be identified, see hit and run claims.

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How do you claim against an uninsured driver?

  1. Report the crash to the Gardaí and get the driver's name, address and registration.
  2. Photograph the vehicle, including the windscreen where an insurance disc should be displayed.
  3. Write to the driver within one month setting out what happened, as section 8 of the Civil Liability and Courts Act 2004 requires.
  4. Send the MIBI a fully completed and signed Claim Notification Form as soon as possible.
  5. Contact the MIBI before you apply to the Injuries Resolution Board.

The MIBI's time limit for notifying a personal injury claim is two years from the accident. See the MIBI's guidance on uninsured vehicles and our article on claims involving uninsured or untraced drivers.

What can an uninsured driver claim cover?

  • General damages for the injury, set under the Personal Injuries Guidelines
  • Lost earnings
  • Medical and physiotherapy costs
  • Travel to appointments
  • Vehicle damage, where the uninsured vehicle is identified by a valid registration

If your own policy covers accidental damage to your car, the MIBI says that for accidents since June 2020 your insurer will not charge you the policy excess. Vehicle damage claims to the MIBI can be notified up to six years after the accident.

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How It Works

How a Claim Works in 3 Steps

Starting a legal claim is an important decision, so we explain what to expect from the beginning. Here’s how our process works in just three clear stages:
1

Contact Our Team

Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.

2

Get Clear Legal Advice

Your case will be carefully reviewed by our legal team.

We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).

3

Going Ahead With Your Claim

Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.

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The legal term ‘No Win No Fee’ is used to describe how solicitors take on a case where they pay the costs of the litigation.

Solicitors in Ireland who operate on this basis pay all legal costs associated with the personal injury case.

In most cases, clients would not be in a position to fund the cost of litigation, so it is usual for a personal injury and medical negligence firm to operate on a 'No Win No Fee' basis.

It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis.
Talk to Us About Your Options

How we handle claims against uninsured drivers

Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.

We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.

You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.

There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.

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Tell us what happened and a member of our team will be in touch to explain your options. There are no upfront fees and no obligation to go ahead.

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FAQS

Claims against uninsured drivers in Ireland: FAQs

The MIBI deals with claims involving uninsured vehicles, so compensation does not depend on the driver having money of their own.

Notify the MIBI anyway. Part of its investigation is to establish the insurance position of the vehicle and driver, and only a fully completed and signed Claim Notification Form counts as formal notice.

The MIBI requires personal injury claims to be notified within two years of the accident. The two-year limit under the Statute of Limitations (Amendment) Act 1991 also applies, and you must write to the driver at fault within one month of the crash.

Yes. Contact the MIBI first, then apply to the Injuries Resolution Board. If either side rejects the Board's assessment, it issues an authorisation and the claim can go to court.

Possibly. Claims to the MIBI are governed by the MIBI Agreement, which sets conditions on who can recover. Get advice early so the claim is notified in time.

A stolen car is usually being driven without cover, so the MIBI is involved. Read what happens when a client is hit by a stolen or uninsured vehicle.

It can, where the uninsured vehicle is identified by a valid registration plate. If your own policy covers accidental damage, your insurer may deal with the repair, and for accidents since June 2020 it will not charge you the excess.

The MIBI also deals with claims involving vehicles registered outside the State, as Citizens Information notes.

No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.

*In contentious business, a legal practitioner may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with section 149 of the Legal Services Regulation Act 2015 and the Legal Services Regulation Act 2015 (Advertising) Regulations 2020 (S.I. No. 644 of 2020).
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