Car Accident Claim Without Insurance in Ireland: Your Practical Guide
Road Traffic · Ireland
Official references we rely on: MIBI – making a claim; Injuries Resolution Board – making a claim; Civil Liability and Courts Act 2004, s.8; PIAB Act 2003, s.50; An Garda Síochána – what to do after a collision; Judicial Council Personal Injuries Guidelines; RSA 2024 fatality summary.
What this page covers (short)
Collisions with an uninsured or hit-and-run driver feel messy. Irish law gives you a route. For uninsured or unidentified vehicles, the Motor Insurers' Bureau of Ireland (MIBI) can be liable. Most personal injury claims still go through the Injuries Resolution Board (IRB, formerly PIAB) before court.
Your first moves matter: report to An Garda Síochána, get medical care, and save proof. Then serve a "section 8" letter of claim within one month and check the two-year limit for injury claims. A complete IRB application pauses that limit until six months after authorisation. Values follow the Judicial Council Guidelines, not the old Book of Quantum.
Evidence wins uninsured/untraced claims: photos, dash-cam, CCTV, witnesses, and prompt medical notes. Recent reforms also help Gardaí detect uninsured vehicles faster. Below we explain who to name, how the MIBI and IRB interact, how to protect CCTV, and the traps that cause delays.
Process: how the MIBI and the IRB interact
Answer in brief: Injury claims usually go to the IRB first. If the vehicle is uninsured or untraced, you typically list the MIBI as a respondent. The IRB assesses liability and value; if it issues authorisation, you can sue. During the IRB phase, the limitation "clock" is paused by s.50 of the PIAB Act 2003 (read s.50).
IRB process: see IRB steps. MIBI route: see MIBI guide.
How uninsured or untraced driver claims differ
Answer in brief: For injuries caused by an uninsured or untraced vehicle, the MIBI can meet the claim. Many claims still start at the IRB, naming the MIBI (and any identified driver/owner) as respondents. Pure property damage may be handled directly under MIBI agreements. See MIBI claims and IRB claims.
Identified but uninsured: driver/owner and MIBI. Untraced: MIBI. Insured vehicle with excluded driver: facts decide between insurer and MIBI.
A complete IRB application suspends time under s.50 PIAB Act 2003; time resumes six months after authorisation.
First steps after the crash
Get checked by your GP or A&E and ask that all symptoms are noted. Report the collision and keep the PULSE/incident reference. Save photographs, dash-cam files, and the exact location. If the other driver fled, seek CCTV fast from nearby shops or bus operators and note who you asked and when.
Serve a section 8 letter of claim within one month. This protects your position and often triggers insurer/MIBI investigation. See the law text here: Civil Liability and Courts Act 2004, s.8.
Then prepare an IRB application if there's injury. The IRB guide explains the form, fee, and medical report: IRB – making a claim. For untraced or uninsured vehicles, read the MIBI route here: MIBI – making a claim.
Recent datapoints (context)
Checked September 2025. Source links under each tile.
CCTV, dash-cam, and your data rights
Ask for CCTV quickly. Many systems overwrite in days. Your request should include the date, time, location, and your Garda reference. If the footage shows you or your vehicle, you can seek a copy under data protection law. See the transparency guidance: CCTV transparency notices and DSAR guidance.
Timeline at a glance
First 48 hours: medical care → Garda report → preserve proof → section 8 letter within one month. IRB phase: file complete application; time pauses under s.50. After authorisation: limitation resumes six months later; issue proceedings if required.
Route picker (quick check)
Local spotlight: Dublin roads, CCTV, and fast wins
In central Dublin, retail streets and bus corridors refresh CCTV fast. If a hit-and-run happens on the quays or N4/N7 approaches, ask nearby shops and transport operators the same day. A short letter with date, time, and your PULSE reference helps preserve video before it's overwritten. Pair CCTV with prompt GP notes and scene photos—those three items often decide untraced claims.
Recent Irish decisions that matter to uninsured or untraced claims
Kazmierczak v Gaizauskas; Kazmierczak v MIBI – High Court, 11 July 2024
The Court held an untraced driver caused the collision. The plaintiff recovered damages with contributory negligence applied; costs then arose against the MIBI. This shows untraced claims can still succeed when proof is timely and credible. [2024] IEHC 445 (courts.ie)
Lynch v Motor Insurers' Bureau of Ireland – High Court, 30 October 2024
An approved High Court judgment addressing proof, credibility, and MIBI liability in an uninsured-driver context. Consistent testimony and aligned expert evidence were key. [2024] IEHC 587 (courts.ie)
Common Questions Around "car accident claim no insurance Ireland"
Can I claim if the other driver had no insurance?
Direct answer: Yes. For uninsured or untraced vehicles, the Motor Insurers' Bureau of Ireland can meet compensation. Most injury claims still route through the Injuries Resolution Board first, listing the correct respondent(s). See MIBI and IRB.
Why it matters: There's a pathway even when the at-fault driver broke the law.
Next step: Report to Gardaí and start the IRB/MIBI route promptly.
Do I still use the IRB if the MIBI is involved?
Direct answer: In most injury cases, yes. The IRB assesses first unless parties don't consent or the case settles. Where the driver is uninsured or untraced, list MIBI as respondent. See IRB and MIBI.
Why it matters: Filing with IRB protects timelines while evidence is gathered.
Next step: Lodge a complete IRB application with medical report.
What deadlines apply?
Direct answer: Serve a section 8 letter within one month of the accident or date of knowledge, and apply to the IRB within two years. A complete IRB application pauses time under s.50. See s.8 and s.50.
Why it matters: Missing dates can end a valid claim.
Next step: Serve s.8 now and calculate time precisely.
What proof matters most in hit-and-run cases?
Direct answer: A prompt Garda report, medical notes, clear photos/dash-cam, and fast CCTV requests carry the case when the driver is untraced. See Garda guidance and the transparency guidance on CCTV.
Why it matters: Good contemporaneous proof replaces missing plate details.
Next step: Send preservation notes the same day and log replies.
How are payouts decided now?
Direct answer: Assessments and courts follow the Judicial Council Personal Injuries Guidelines, considering injury type, recovery, and impact. See the Guidelines and the IRB's process page.
Why it matters: Expectations align with current Irish bands.
Next step: Get a clear medical report early.
Do CCTV owners have to give me footage?
Direct answer: If you're identifiable, you can request a copy under data protection law. Keep requests narrow and include time, place, and your incident number. See transparency guidance on CCTV and DSAR guidance.
Why it matters: Many systems overwrite footage within days.
Next step: Send a preservation note and DSAR together.
What if the car was insured but the driver wasn't?
Direct answer: Cover may still respond depending on policy and statutory schemes; where not, MIBI can be engaged. Keep the IRB route moving to protect time. See MIBI and IRB.
Why it matters: Liability can still be met even with driver issues.
Next step: Notify all parties and file IRB promptly.
Can I claim for property damage only?
Direct answer: Yes, but rules differ from injury claims. MIBI agreements set conditions for property-only losses; prompt notice, Garda record, and repair proofs are key. See MIBI and Garda collision steps.
Why it matters: Property claims can be lost on paperwork alone.
Next step: Keep estimates, invoices, and photos together.
Where can I read neutral guidance?
Direct answer: The Injuries Resolution Board provides official guidance on their website, with step-by-step process information and forms. The MIBI website covers uninsured and untraced vehicle claims specifically. See IRB official site and MIBI guidance.
Why it matters: Official guidance helps you understand timelines and requirements.
Next step: Cross-check dates and requirements before filing.
Related help
More guidance from official sources: Personal Injuries Commission Report - Time Limits & Claims Process and Department of Transport - Motor Insurance Policy Guide
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
