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Uninsured driver question

  • 30-04-2016 9:11pm
    #1
    Registered Users, Registered Users 2 Posts: 1,037 ✭✭✭


    Was watching Fast n Loud earlier and they built a black on black Mustang however on the test drive it got into a 'wreck'. The guy in the truck ran a red and hit the mustang and he has no insurance.
    My question is, if that was here in Ireland, would Richard be in same position? Out of pocket? I often wondered what would happen if a uninsured driver hit me basically?


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    We have a crowd called MIBI to whom you present your case if hit by an uninsured driver.

    Is funded via a levy on everyones insurance.


  • Banned (with Prison Access) Posts: 34 greengone


    I might be wrong but I thought MIBI only covered personal injuries claims and the maxuim payout for injuries is 65000

    Damage to cars property etc isnt to my knowlege covered unless they changed the rules from the last time I looked this

    My understanding normally if you have comprehensive insurance they pay your damage to your car .However if the other driver isnt insured you lose your no claims if the insurance cant find the funds from the other party .
    Then your Insurance company chases the unisured driver for the funds and that can take years or they write it off if they see he is without assets and on the social welfare .

    If there looks to be assets to get the Insurance might seek court orders to conficate thie offending drivers house or land or sums of money from bank accounts or leans on work payments or all the types of moneys including lotto wins

    If you got third party insurance only then your probably out of luck is my understanding .

    If the damage to car or property is less than something like approx 2000 you can take the offending driver to small claims court for small fee of less than 10 for damage to your car .
    You might lose the case and even if there is order to pay the costs sometimes the offending drivers if they have no work on the socail welfare etc or other methods can often find ways to not pay or drag payments out over decades

    If the offending unisured driver has assets that can be got at eg houses propeprties monies in banks in Ireland you could risk to pay to go to higher court and retrieve the funds .
    However you could also risk to lose your case or see the offending driver hide thier assets in the UK or elsewhere where they cant be got at or drag payments out over decades .



    Below extra double posts ignore cant be edited with new boards system

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  • Banned (with Prison Access) Posts: 34 greengone


    double post


  • Banned (with Prison Access) Posts: 34 greengone


    Stheno wrote: »
    We have a crowd called MIBI to whom you present your case if hit by an uninsured driver.

    Is funded via a levy on everyones insurance.

    I might be wrong but I thought MIBI only covered personal injuries claims and the maxuim payout for injuries is €65000

    Damage to cars property etc isnt to my knowlege covered unless they changed the rules from the last time I looked this

    My understanding normally if you have comprehensive insurance they pay your damage to your car .However if the other driver isnt insured you lose your no claims if the insurance cant find the funds from the other party .
    Then your Insurance company chases the unisured driver for the funds and that can take years or they write it off if they see he is without assets and on the social welfare .

    If there looks to be assets to get the Insurance might seek court orders to conficate thie offending drivers house or land or sums of money from bank accounts or leans on work payments or all the types of moneys including lotto wins

    If you got third party insurance only then your probably out of luck is my understanding .

    If the damage to car or property is less than something like approx €2000 you can take the offending driver to small claims court for small fee of less than €10 for damage to your car .
    You might lose the case and even if there is order to pay the costs sometimes the offending drivers if they have no work on the socail welfare etc or other methods can often find ways to not pay or drag payments out over decades

    If the offending unisured driver has assets that can be got at eg houses properties monies in banks in Ireland you could risk to pay to go to higher court and retrieve the funds .
    However you could also risk to lose your case or see the offending driver hide thier assets in the UK or elsewhere where they cant be got at or drag payments out over decades .


  • Closed Accounts Posts: 6,219 ✭✭✭pablo128


    My sisters car was hit outside her house by a stolen car. It was destroyed. Luckily the front bumper came off the stolen car so she had the reg. MIBI paid out for the car but it took almost a year.


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  • Banned (with Prison Access) Posts: 34 greengone


    Well they must have changed the sytem at MIBI
    At least after a year you get compo


  • Registered Users, Registered Users 2 Posts: 1,037 ✭✭✭duffman3833


    So if i had that Rebuilt Mustang here in Ireland and i was hit, the car was a write off, i myself had no injuries at all. Id be, well, f***ed?


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    So if i had that Rebuilt Mustang here in Ireland and i was hit, the car was a write off, i myself had no injuries at all. Id be, well, f***ed?

    Of course not.
    Mr. Greengone doesn't seem to be to knowledgable in recent few threads.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    My understanding of MIBI, they pay out personal injuries if hit by uninsured driver or hit and run and no driver, not sure the limit. They pay out compensation for car on uninsured drivers not hit and run.


  • Moderators, Business & Finance Moderators Posts: 17,856 Mod ✭✭✭✭Henry Ford III


    I was hit by a car that drove away after the collision, but luckily I noted the reg. no. and the Gardai tracked the car and driver down later that night.

    She had no license nor insurance. They threw the book at her in court, and she got fined and banned.

    I claimed the (several thousand €) cost of repairs from my comp. policy, and had a settlement out of MIBI, and my NCB reinstated in about 12 weeks.

    Didn't make any claim for personal injuries, although in retrospect perhaps I should have?

    p.s. Identifying the 3rd party was critical to the success of the damages claim.


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  • Registered Users, Registered Users 2 Posts: 1,037 ✭✭✭duffman3833


    I was hit by a car that drove away after the collision, but luckily I noted the reg. no. and the Gardai tracked the car and driver down later that night.

    She had no license nor insurance. They threw the book at her in court, and she got fined and banned.

    I claimed the (several thousand €) cost of repairs from my comp. policy, and had a settlement out of MIBI, and my NCB reinstated in about 12 weeks.

    Didn't make any claim for personal injuries, although in retrospect perhaps I should have?

    p.s. Identifying the 3rd party was critical to the success of the damages claim.

    So the whole process took about 12 weeks or was that just to get NCB back?


  • Closed Accounts Posts: 1,488 ✭✭✭mahoganygas


    I was hit by a learner driver and he wrote off both our cars. He had nobody in the car with him which made his insurance null and void.

    The MIBI gave me a cheque for my car in about 2 weeks. Very easy to deal with.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    I was hit by a learner driver and he wrote off both our cars. He had nobody in the car with him which made his insurance null and void.

    The MIBI gave me a cheque for my car in about 2 weeks. Very easy to deal with.

    Which dosn't make sense because legally his insurer would have to pay out third party (i.e your side of the claim).


  • Moderators, Business & Finance Moderators Posts: 17,856 Mod ✭✭✭✭Henry Ford III


    So the whole process took about 12 weeks or was that just to get NCB back?

    The whole thing. I had to press hard to keep it moving. Dealt with some claims handling co. Can't recall who exactly.


  • Closed Accounts Posts: 2,297 ✭✭✭savagethegoat


    GM228 wrote: »
    Which dosn't make sense because legally his insurer would have to pay out third party (i.e your side of the claim).

    I expect they reclaimed the money from the Insurer.

    In a damage accident they will only pay out if you can id the offending car (for obvious reasons).


  • Registered Users, Registered Users 2 Posts: 17,875 ✭✭✭✭MugMugs


    GM228 wrote: »
    Which dosn't make sense because legally his insurer would have to pay out third party (i.e your side of the claim).

    Correct. The MIBI wouldn't handle this claim. The learners insurer would be compelled to under Insurer Concerned.


  • Closed Accounts Posts: 1,488 ✭✭✭mahoganygas


    MugMugs wrote: »
    Correct. The MIBI wouldn't handle this claim. The learners insurer would be compelled to under Insurer Concerned.

    There were other complications with the case. Something to do with the driver (a teenager) taking his mother's car without permission. It was many moons ago so I can't remember the specifics. But the compensation came from MIBI rather than either of the insurers.


  • Banned (with Prison Access) Posts: 34 greengone


    There were other complications with the case. Something to do with the driver (a teenager) taking his mother's car without permission. It was many moons ago so I can't remember the specifics. But the compensation came from MIBI rather than either of the insurers.

    My understanding is that the Irish justice system many moons ago had a court case where they made the court record that the car insurance company cannot get out of claims for learner drivers on provisional licence driving by themselfs.

    The logic it made in court is that a extra qualified driver cannot really do anything to stop a crash and the driver the car cannot be half licenced so to speak .

    So basically it meant a Provision licence was only a statue law element where Garda could prosicute and fine for that trangression .
    The new Road trafic rules just added more teeth to that with points as half of Ireland did`nt bother to get full licences and drove by themselfs for many decades .

    In the UK they can and do use the provisinail licence rule to not pay out for car crash events . In fact they get out most claims with get out clauses and that keeps the insurance costs much lowwer in the UK

    However for decades that I drove on Provisonail licence from the 1970 to 2000 era you just paid more for car Insurance when you were on provisional licence and driving by yourself .
    All claims for learner drivers were paid out .

    In fact the statitics for that era showed the car driver who had got a full car driving licence was most likely to have the big expensive crash on the first year of thier full licence and this has probably not changed
    (I missed the free give away licence they gave for 2 provisionals get a licence as I was abroad .)

    The new Satatue rules for Irish Trafic act to my knowlege still cant allow the car insurance company opt to not pay out for learner drivers driving by themselves .

    However the Car industry can do the play the payout game and get MIBI to pay out to make it look they dont pay out but in reality they still pay out via the MIBI .

    That would allow the car insurance industry give a illission that car insurance can be null and void when in reality they have to pay up anyway for most null and void crash events


  • Closed Accounts Posts: 2,297 ✭✭✭savagethegoat


    they can't get out of paying third party liability, but that just means your guy driving on a provisional can't claim for his own loss.


This discussion has been closed.
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