Dear Claudine,

I was recently knocked down by a driver who left the scene of the accident. Fortunately, I am now recovering well after having broken my arm and shoulder and suffering extensive bruising. It is awful to think that someone would drive away from the scene of an accident knowing that they may have caused an injury to another person. I have not been able to attend work for the last two months and thankfully my employers have been very supportive to me. I would like to take a claim for the injuries which I have suffered but I do not know the identity of the driver. I would appreciate if you could help me.

Thank you.

Patricia

Dear Patricia,

Thank you very much for your e-mail. I can only imagine how distressing this experience has been for you and in time with the benefit of medical assistance, I sincerely hope that you will go on to make a full recovery. The Motor Insurers’ Bureau of Ireland (MIBI) was set up in 1955 for the purposes of compensating victims of road traffic accidents caused by uninsured and unidentified drivers. If you wish to make a claim then you really should consult a solicitor with the relevant expertise in personal injuries actions. Alternatively, you may make an application on your own behalf, however, it would be wise to instruct a solicitor, given your serious injuries. Firstly, a Claim Notification Form will need to be completed specifically outlining the circumstances surrounding your accident. The completed claim form should be sent to the MIBI by registered post. You have two years only from the date the accident occurred, within which to pursue a personal injuries action. The MIBI will write to you confirming that they have received your completed claim form. They will then commence their investigations into the circumstances surrounding this accident. As you are claiming for personal injuries, the MIBI will require your medical notes and records from the Hospital which you attended following the accident. They will also require a medical report specifically detailing the injuries which you have sustained. When the MIBI have obtained all of the relevant information they will pass the claim over to one of their Claims Management Services Providers. You will also be required to make an Application to the Injuries Board. The MIBI will be the Respondent noted in the Application Form. Once the investigation has been completed by the MIBI, the MIBI will then confirm their position in relation to liability. If the driver remains unidentified or if he is subsequently identified, it transpires that he was uninsured then the MIBI will deal with your case. The MIBI will also investigate whether you contributed to your own misfortune which may reduce any compensation award which they are likely to make. The amount of compensation paid will depend on the severity of the injuries which you sustained and your proposed length of recovery. This information will be contained in the medical report provided by your Consultant and/or your GP.

With every good wish to you.

Claudine