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MIBI claim

  • 21-09-2017 6:59pm
    #1
    Registered Users, Registered Users 2 Posts: 5


    Hi

    I was involved in an accident with an uninsured driver and I'm claiming damages through MIBI. Does anyone know if the MIBI will try and recover any money I receive from the third party? Essentially I know it was a misunderstanding on their behalf and they would be impacted alot more from the financial loss than I would be by the gain? Thanks


Comments

  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    http://www.mibi.ie/mibi-news/uninsured-drivers-risk-having-their-cars-seized-automatic-court-appearance-and-personal-liabity-for-costs-.1153.html

    See link. They are taking a stronger line on this. Why would you defend an uninsured driver who hurt you? One way to be sure the MIBI don't recover their outlay, is for there to be nothing to recoup.


  • Registered Users, Registered Users 2 Posts: 5 Beds


    That's my claim dropped. Thanks


  • Registered Users, Registered Users 2 Posts: 5 Beds


    Any idea if this is always done, assume it depends on the individual?


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Why have sympathy for an uninsured driver? There should be no exceptions.


  • Registered Users, Registered Users 2 Posts: 5 Beds


    Everyone makes mistakes, that's all it was


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  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Ideally, it should be done each and every time without exception or favour. As for how often it is actually done, I've no idea


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


    Ideally, it should be done each and every time without exception or favour. As for how often it is actually done, I've no idea

    It simply isn't always worth pursuing.

    The doctrine of the man of straw would be the major deciding factor.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    GM228 wrote: »
    It simply isn't always worth pursuing.

    The doctrine of the man of straw would be the major deciding factor.

    If you read the article, it can be as simple as seizing the car.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,393 Admin ✭✭✭✭✭Beasty


    Beds wrote: »
    Everyone makes mistakes, that's all it was
    Anyone driving without insurance is negligent

    The "mistakes" they make cost the rest of us in terms of increased premiums. Basically those of us who do pay up are also paying up for those who do not

    Of course the MIBI should pursue the individual if they have any assets to claim against. Regardless of that the individual should be prosecuted for driving without insurance. The more that get away with this sort of stuff the more it encourages others to give it a go.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Beds wrote: »
    Everyone makes mistakes, that's all it was

    If you withdraw your claim, YOU are paying for his mistake. If you proceed with your claim, the rest of us pay the bill for your loss and I'm not OK with that.


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


    If you read the article, it can be as simple as seizing the car.

    The cars are seized in this case under Road Traffic legislation, not as a form of debt recovery.

    Yes it's possible to seize a vehicle for debt recovery following judgement against an uninsured motorist usually with the help of the sheriff etc, but it isn't much use when that uninsured car has crashed into you and isn't worth seizing anyway!


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    GM228 wrote: »
    The cars are seized in this case under Road Traffic legislation, not as a form of debt recovery.

    Yes it's possible to seize a vehicle for debt recovery following judgement against an uninsured motorist usually with the help of the sheriff etc, but it isn't much use when that uninsured car has crashed into you and isn't worth seizing anyway!

    It is of great benefit to society if it gets crushed so that nobody else has to suffer what the OP did.


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Beds wrote: »
    Everyone makes mistakes, that's all it was

    If you withdraw your claim, YOU are paying for his mistake. If you proceed with your claim, the rest of us pay the bill for your loss and I'm not OK with that.
    Seconded for definite, we pay for mibi. So if this person is so worthy you pay for your own repairs and let the police deal with them being uninsured.


  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭BaronVon


    Beds wrote: »
    Hi

    I was involved in an accident with an uninsured driver and I'm claiming damages through MIBI. Does anyone know if the MIBI will try and recover any money I receive from the third party? Essentially I know it was a misunderstanding on their behalf and they would be impacted alot more from the financial loss than I would be by the gain? Thanks

    My understanding is that if there is injury involved, and the uninsured driver cannot be identified (ie hit & run), the MIBI cover the cost.

    In this instance, the driver gets prosecuted and your insurance fixes your car, but the MIBI ensure your no claims bonus is unaffected. Obviously if they are willing to fix up the damage themselves, you wouldn't need to get the MIBI involved in the first place.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    If you withdraw your claim, YOU are paying for his mistake. If you proceed with your claim, the rest of us pay the bill for your loss and I'm not OK with that.
    Moderation: Not every thread regarding personal injuries needs to end in plaintiffs being demonised. Infraction if it happens again.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Robbo wrote: »
    Moderation: Not every thread regarding personal injuries needs to end in plaintiffs being demonised. Infraction if it happens again.

    I have said that he is perfectly entitled to pursue his claim and I advised him in the post that you quoted that he would be at a loss if he withdrew it. How is that demonising the OP. I think he should go for it and let the uninsured driver suffer any consequences


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Mod note:

    Sue Pa Key Pa,

    Disputing a moderator warning/instruction is not acceptable on-thread. Please don't do that.

    If some issue arises, the correct procedure is to contact the mod by PM.


  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Mod note:

    Sue Pa Key Pa,

    Disputing a moderator warning/instruction is not acceptable on-thread. Please don't do that.

    If some issue arises, the correct procedure is to contact the mod by PM.

    Fully intended to, but was being polite looking for clarification first


  • Registered Users, Registered Users 2 Posts: 2,830 ✭✭✭irishproduce


    infacteh wrote: »
    My understanding is that if there is injury involved, and the uninsured driver cannot be identified (ie hit & run), the MIBI cover the cost.

    In this instance, the driver gets prosecuted and your insurance fixes your car, but the MIBI ensure your no claims bonus is unaffected. Obviously if they are willing to fix up the damage themselves, you wouldn't need to get the MIBI involved in the first place.

    Could I throw a scenario in here and get comment from those in the know?

    Unidentified driver crashed into side of my car early 2017, they drove off.

    Roll on to this year (2018) and MIBI identified what they needed to from CCTV and issued letter through solicitor that they are satisfied all damage caused by unidentified driver.

    They also issue instruction to contact my insurance provider to recover damage to my car under comprehensive policy.

    The insurance provider is a broker in Donegal.

    The underwriter is one of the big international firms beginning with A.

    The underwriter have asked me just for a few related details and documents about it in the last 2 weeks. Not settled yet though and no indication it will be for a little while.

    The provider in Donegal meanwhile have sent written correspondence that as a result of this claim, the no claims bonus on my insurance has had to be retrospectively reduced from 10+ years to 4 years.
    In addition, a loading has had to be added due to the "pending claim"

    The net result is nearly €400 added to my policy

    I am a little confused and would like the thoughts of anyone here in the know.
    Section 4.D of the MIBI policy on no claims protocol seems to state that NCD cannot be affected where MIBI are satisfied the uninsured/ unidentified party are at fault.
    https://www.mibi.ie/_fileupload/MIBI%20No%20Claims%20Discount%20Protocol%20-%202017%20-%20website.doc

    In addition, I find it strange that the provider are able to issue me with additional premia when there is no settled claim to (in theory) raise it against.
    For example, say I am not happy with the revised premium (If it is legitimate) and I choose to consult another provider. They ask me, can we have details of this claim against the policy in order to calculate a quote, I don't have one as there is no settled claim.

    Anyone here have thoughts on this? I know it is convoluted, so sorry for the technical aspects.


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