Feckin uninsured driver MIBI claim

conorkeating

Hi all.
Just looking for a little information.

The background is that my wife was involved in a crash with an uninsured driver when she was seven months pregnant last November. He took a very red light and hit the front driver side wheel at speed. We only found out that he was uninsured this March after AIG refused any liability, which is fair enough. So, now we need to go through the MIBI.

We obviously will be claiming the damage to the car which was nearly 5,000 at our axa approved garage so we can pay back axa. We will claim the excess that I paid on the claim of 250 Euro also. But here's the awkward bit, how do I go about claiming for depreciation of our car's value and also how do I claim for my wife being told by her doctor after the accident that her blood pressure has gone too high and that she should stop work straight away. She stopped almost exactly a month before we had our little girl.

Anybody with a similar story or advice on how to deal with this claim would be greatly appreciated. I'm trying to avoid using a solicitor as it looks like my legal bills wouldn't be covered by MIBI for this claim.

Hoping to hear from a few of you soon.
Cheers.

RGS

Car repairs can't be recovered as you claimed under your own policy but your no claims bonus wont be affected provided your insurer is satisfied the other car not insured. Forward the letter from aig.
Was the driver uninsured but the car insured? If the car was insured then aig will have to handle on behalf of the mibi.
Take a look at the mibi website and it will help you.

Sue Pa Key Pa

You register with the MIBI, see their website. You also apply for assessment with the Injuries Board. You are unlikely to be able to get anything for what are known as your 'uninsured losses' (excess, depreciation, vehicle hire). MIBI agreements apply directly to property damage & injury. You always have the right to sue the motorist directly for those aspects

When you say you'll be claiming for the damage to the car at €5,000, can you clarify this? Because you mention excess, it appears that your own insurer paid for your repairs. If that is the case, the agreement states your insurer acts as insurer concerned. They settle you up but it won't affect your NCB or claims history and it ends there

conorkeating

RGS wrote: »

Car repairs can't be recovered as you claimed under your own policy but your no claims bonus wont be affected provided your insurer is satisfied the other car not insured. Forward the letter from aig.
Was the driver uninsured but the car insured? If the car was insured then aig will have to handle on behalf of the mibi.
Take a look at the mibi website and it will help you.

Hi rgs,
Obviously, I misunderstood the process. I thought that after my insurer payed the costs of repair up front, that I would have to claim off the mibi to refund my insurer. Guess I was wrong.
As for the other car, the owner is the mother of the guy who crashed into my wife. She reported it stolen to aig but not to the gardai. When we gave our statement the garda told us the young fella is on his third uninsured driving prosecution now.

Doesn't look good so for getting compensated for the depreciation of the car and the months earnings lost, does it?

Sue Pa Key Pa

conorkeating wrote: »

As for the other car, the owner is the mother of the guy who crashed into my wife. She reported it stolen to aig but not to the gardai. When we gave our statement the garda told us the young fella is on his third uninsured driving prosecution?

If the mother does not report the car as an unauthorised taking to the Gardai, she can be prosecuted for allowing an uninsured driver to use her car

You would be surprised how often policyholders want to claim for theft when a family member takes a car and crashes it, but won't report that person for taking it without permission

October

AIG will be appointed Insurer Concerned by the MIBI and they will continue to deal with the claim then. I can't remember if there is a MIBI excess in cases where they car is stolen, it there is I think it's about €250. Other than that, AIG will deal with the claim as normal and from your point of view, your claim is the same as if the driver was insured (apart from the MIBI excess if it applies). You claim for what you need to claim for, your claim is not restricted just because the driver was uninsured.

conorkeating

Sue Pa Key Pa wrote: »

If the mother does not report the car as an unauthorised taking to the Gardai, she can be prosecuted for allowing an uninsured driver to use her car

You would be surprised how often policyholders want to claim for theft when a family member takes a car and crashes it, but won't report that person for taking it without permission

Hi Sue Pa Key Pa,

You are right. They are prosecutting her for insurance fraud. The family have had a good few run ins with the law which makes me believe I'd be wasting my own time and money trying to recover costs for depreciation of car value etc.

conorkeating

October wrote: »

AIG will be appointed Insurer Concerned by the MIBI and they will continue to deal with the claim then. I can't remember if there is a MIBI excess in cases where they car is stolen, it there is I think it's about €250. Other than that, AIG will deal with the claim as normal and from your point of view, your claim is the same as if the driver was insured (apart from the MIBI excess if it applies). You claim for what you need to claim for, your claim is not restricted just because the driver was uninsured.

Hi October,

Does that mean that you think I could claim the depreciation and loss of earnings through the mibi? We obviously don't want to be left out of pocket just because some young fella crashed into my wife through no fault of hers. If we can claim all losses, what should be used to prove depreciation and loss of earnings?

Thanks

October

Yes, you are the innocent party here, you can claim all of your reasonable expenses. Insurer Concerned claims can take a little longer but other than that and a possible MIBI excess (can't remember about that!) your claim is exactly the same as if you were claiming against a person properly insured. You will need a letter from your employer to confirm your loss of earnings and you should be paid the net amount less social welfare. Depending on the age of your car, there is usually standard % of the net repair amount, usually 10% but may be a higher % if car was very new. I think there is a cut off point where depreciation is not paid if the car is older but I am open to correction on this point.

conorkeating

October wrote: »

Yes, you are the innocent party here, you can claim all of your reasonable expenses. Insurer Concerned claims can take a little longer but other than that and a possible MIBI excess (can't remember about that!) your claim is exactly the same as if you were claiming against a person properly insured. You will need a letter from your employer to confirm your loss of earnings and you should be paid the net amount less social welfare. Depending on the age of your car, there is usually standard % of the net repair amount, usually 10% but may be a higher % if car was very new. I think there is a cut off point where depreciation is not paid if the car is older but I am open to correction on this point.

That certainly seems more positive. So you think the depreciation will be decided by mibi. I thought I would need a statement from the dealership stating the car's value before and after the accident.

October

Depreciation is usually worked out at a percentage of the net repair figure. You won't need a letter from a dealership, you will just need a copy of the final account for the repairs. Have a read of the MIBI website - http://www.mibi.ie/making-a-claim/uninsured-unidentified-vehicles.421.html

Henry Ford III

Nasty business OP. I hope everyone is ok after it.

MIBI might seem daunting but I had a case with them (got hit by uninsured driver who drove off) and I styaed in close contact with the guy handling the claim for damages and got the whole thing done dusted etc. in about 12 weeks. Luckily I had no personal injury.

conorkeating

Henry Ford III wrote: »

Nasty business OP. I hope everyone is ok after it.

MIBI might seem daunting but I had a case with them (got hit by uninsured driver who drove off) and I styaed in close contact with the guy handling the claim for damages and got the whole thing done dusted etc. in about 12 weeks. Luckily I had no personal injury.

Glad it went smoothly for you. Got a letter from axa confirming that they were billing the uninsured driver personally. Doubt they'll get a penny though. The letter also said to claim my excess paid for the claim from mibi. Hopefully the depreciation of the car will be reasonably covered. It's a 2012 qashqai so still quite a well valued car.

Henry Ford III

conorkeating wrote: »

Glad it went smoothly for you. Got a letter from axa confirming that they were billing the uninsured driver personally. Doubt they'll get a penny though. The letter also said to claim my excess paid for the claim from mibi. Hopefully the depreciation of the car will be reasonably covered. It's a 2012 qashqai so still quite a well valued car.

Gardai were called to my incident. I got the reg of the offending car before it drove away.

They called to the drivers home the evening of the crash and she denied having been involved.

They then went and had a look at the car - my paint was all over it.

They prosecuted and basically threw the book at her. She got a ban.

If I were you I'd look at using a claims handling company - a lot less stress.