The Gazette 1989

GAZETTE

MARCH 1989

Practice

Notes

Correction

The following is a corrected version

of this practice note, which was

first published in the January, 1989

Gazette, with an error in the third

paragraph.

1992 and the Hit and

Run Driver

EEC Directive leads to new

M I BI Agreement

People who suffer personal injuries

in road accidents caused by "hit

and run" drivers will have enhanced

protection as from 31st December

1988. As the result of the imple-

mentation of the Second Directive

on Motor Insurance 84/5/EEC

victims of such accidents occurring

on or after 31st December 1988

will have a

right

to compensation

for personal injuries incurred in road

accidents involving vehicles whose

drivers are unidentified or untrace-

able or found to be uninsured.

Compensation will be payable by

the Motor Insurers Bureau of

Ireland (MIBI). Under the terms of

the new agreement reached

between the Minister for the

Environment and the MIBI, injured

parties

will no longer

have to obtain

a judgement against the uninsured

driver but can apply directly to the

MIBI for compensation. Injured

parties will also have a right of

redress to the Courts where they

have been refused compensation or

consider the compensation offered

to be inadequate.

In addition an uninsured driver

who suffers personal injuries in a

collision with a vehicle driven by

another uninsured driver

will no

longer

be entitled to compensation.

A further extension of the liabilty

for the MIBI will come into force in

respect of accidents occurring on

or after 31st December 1992. As

from that date the MIBI will pay

compensation for property damage

caused by uninsured (including

stolen) vehicles. This will not how-

ever, include damage caused by

unidentified or untraced drivers.

Practitioners should note that

claims must be made by registered

post to the MIBI within three years

from the date of the accident giving

rise to the death or personal injury.

When compensation for property

damages becomes payable claims

will have to be brought within 1

year of the accident.

•

References on letters

Solicitors are reminded of the

desirability of including references

on all letters. Such references are

an aid to persons doing the

"screening of post" when

received.

r~l

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FIND FULFILMENT AS A

SOLICITOR

Institute of

Guidance

Counsellors

'•'""--•"^'"-w,

J r v e i_

Reproduced with the kind permission of

Young Citizen.