If I have an accident where the driver flees the scene or is uninsured is there anything I can do?
Posted in [Blog] on Thursday, October 10th, 2024
At the outset we are sorry to hear of the difficult circumstances you have found yourself in. A road traffic collision is a terrible thing to experience, no matter the severity of the impact, and for a driver to flee the scene must be very distressing and adds insult to injury.
In relation to the injuries you suffered, it is important that you get medical attention and do everything you can to aid your recovery and ensure that you get better.
You can trust that in the meantime An Garda Síochana will do their best to track down the Defendant driver, and or the vehicle owner on your behalf. They may get CCTV footage which captures the registration number or they might utilise other resources to identify if any van matching the description and the damage sustained are brought to a mechanic for repair. To assist the Gardaí, it might be worth returning to the scene of the collision and observing if there are domestic/ business CCTV cameras in the area. If for example, a Business Premises had CCTV surveillance of their own general area, the locus of your collision might be captured in the periphery. This might be of assistance to you following, either request from you or from An Garda Síochana, subject to the CCTV owners own GDPR obligations.
If the car which collided with you can be tracked down, then it will need to be ascertained if there is a valid insurance policy in place.
If neither of the above can be established, then there is still a right of recourse for you. The Motor Industry Bureau of Ireland (known as the MIBI) is a Statutory Body set up to ensure (amongst other things) fair compensation for those injured as a result of uninsured and untraced driving.
Your local Solicitor will be best placed to advise you how to best to proceed, particularly if you are compelled to pursue a claim through the MIBI.
It is important to remember the strict time limits within which you are permitted to pursue a claim of this nature – which is 2 years from the date of the accident. After such time any such claim that you may have – against an insured driver or vehicle or the MIBI, will become stature barred and you will be precluded from recovering any compensation due to you.
Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.
*In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.