MIBI - uninsured driver

Toula

Hi. I was a passenger in a car that was involved in RTA. During a claim process my solicitor found out, that driver didn't have a valid insurance on the accident day (took insurance and suppose to pay monthly, but he didn't). My case is now with PIAB, but solicitor has adviced me to not accept the offer and go to court (I need 1 or 2 surgeries to replace discs in my neck and we won't have all documents with cost of surgeries, physiotherapy, my out of work etc. done before PIAB will solve the case).

My question is, what consequences will this driver face? If I get compensation, it will be paid by MIBI. Will MIBI sue him later to claim all the money back? What if he gets the minimum and won't be able to pay? Just wondering if anything would happen to him, or am I the only one pay for his stupid actions?

Claw Hammer

The MIBI will pay you, What they do to him after doesn't matter to you. They MIBI will get a judgement against him and it will at least mess up his credit rating. If he wins the lotto or is entitled to compensation from another accident, the MIBI can swoop in and take what they are owed plus interest.

Toula

So technically nothing would happen to him as he has no money to pay back MIBI. The reason why I asked is, he laughed at my face after accident saying that nothing ever happened. I'm left with serious injuries, can't do much with left arm due to nerve damage, and he keeps driving without insurance.

Eggs For Dinner

Do not worry about the driver. The MIBI are increasingly taking action against drivers like the one involved in your circumstances. The net is closing on people like him and he will suffer consequences. Given that you were a passenger, I presume he is a family member or friend

In the meantime, the costs involved to help you get right will all be met, so concentrate on your recovery

peter4918

Just wondering, You have a solicitor, so why come on here for comments???

endacl

https://www.boards.ie/discussion/comment/121078261#Comment_121078261

A solicitor will explain your options and take instruction. They won’t tell you what is the best choice in their opinion, as they might be viewed as ‘wrong’ if the client’s expectations aren’t met, and find themselves being complained about or sued.

seems the op is only wondering what consequences the other driver might face, which is fair enough.

Toula

https://www.boards.ie/discussion/comment/121078261#Comment_121078261

I have asked my solicitor. He said that MIBI more likely won't do anything so he will get away without facing any consequences, which seems odd to me.

Eggs For Dinner

The least that will happen is the driver will face a criminal charge for driving without insurance. It's true that, in the past, the MIBI did not throw good money after bad by seeking recovery from someone without funds. However, in the current climate regarding insurance reform, they are pursuing judgements against uninsured drivers more frequently

Toula

https://www.boards.ie/discussion/comment/121079065#Comment_121079065

Could he face criminal charge if Garda wasn't called to the scene of accident? He jumped out of the car, checked the car and said car is still ok to drive, he even didn't check if we were ok, but not valid insurance explains now his behaviour.

And when I tried to report it to Garda, I was told that if there weren't called that day, now is word against the word and the can't do anything.

He is a son of my mother's best friend so the whole situation is very awkward for us.

Eggs For Dinner

If, as part of your claim, you have declared that he was the driver, the Gardai would be very interested if you were prepared to support them in a prosecution. Without establishing that he was the driver, the Gardai and the MIBI have very little chance of pursuing him.

Toula

https://www.boards.ie/discussion/comment/121079308#Comment_121079308

I did declared that he was a driver, there was 2 more passengers (one was his mother so I don't think she would lie in the court), so I have witnesses.

I have also messages between us which proves that he was a driver, but Gardai wasn't interested to take my statement. That's the one think I asked my solicitor before we started a claim process, if he would face any criminal charges, points or loosing licence but I was told no.

Eggs For Dinner

I don't think the driver is out of the woods from the information you have provided

BaronVon

He would have to be summonsed for driving without insurance within 6 months of the date of the collision.

All personal injury collisions are supposed to be investigated by Gardaí if reported to them, which would mean taking witness statements and preparing a file for the local Superintendent. This would in turn make the preparation of your claim much more simple, as the guards would do the majority of the investigation.

Claw Hammer

https://www.boards.ie/discussion/comment/121077992#Comment_121077992

He may have no money, but if he comes into money in the next 15 years it coulkd be confiscated. I know of a girl who sued another driver arising from a crash. The drivers insurance were about to settle for 80k when the MIBI rocked up with a judgement against her and helped themselves to 75k.

Claw Hammer

https://www.boards.ie/discussion/comment/121079308#Comment_121079308

The guards have to make a demand to produce insurance within 1 month of the alleged driving in order to prove their case. If they didn't come to the scene they will not be bothered trying to find him and make the demand. This is a civil case through the MIBI.