Did you know that if you have been involved in an accident with an uninsured driver and you yourself are uninsured you can now claim damages for personal injury against the Motor Insurers Bureau of Ireland (MIBI).
A recent change in law now allows drivers of uninsured vehicles in the same accident to claim against each other. In the case of Woods v. Woods the Plaintiff was involved in a motorcycle accident with his brother. Neither of the brothers was insured to drive their motorcycles.
In that case MIBI relied upon Clause 5(3) of the 1988 MIBI Agreement which states that were an uninsured vehicle collides with another uninsured vehicle the MIBI is not liable to compensate for any injuries sustained.
This case was brought to the High Court to challenge whether the 1988 MIBI Agreement was compatible with certain EU law. A complaint was also brought to the European Commission as a result of Ireland’s failure to comply with these EU laws.
Although Mr. Woods’ case ultimately settled the European Commission upheld his complaint and instituted proceedings against Ireland in the European Court of Justice (ECJ) which found against Ireland. This resulted in the introduction of the new 2009 MIBI Agreement which states that once an injured party can prove that they did not KNOW there was no policy of insurance covering the vehicle they can institute a claim for compensation against the MIBI.