Claiming Against an Uninsured Driver in Ireland: What Actually Works
Key time limits (quick)
- Report to Gardaí: within (untraced: act immediately).
- MIBI untraced interview: cooperate within when requested.
- IRB consent window: typically to consent.
- Personal injury limitation: generally from date of knowledge.
Last checked: 23 October 2025. This panel is for guidance only.
Author: Gary Matthews, Principal Solicitor — Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
Summary: You can still recover after a crash with an uninsured or untraced driver. Injury claims usually run through the Injuries Resolution Board (IRB). The MIBI Agreement (2009) sets key rules: report to Gardaí within two days or as soon as reasonably possible (3.13); formally notify MIBI with its signed form (3.14); for untraced vehicles, property cover only applies if there's a 5+ day inpatient stay and a €500 excess (7.1).
Answer card: Garda report ≤2 days → IRB injury claim (add MIBI) → MIBI formal notice. Untraced property-only needs a 5+ day inpatient stay + €500 excess. Sources: IRB; MIBI Agreement.
Contents
Who pays if the other driver has no insurance?
The Motor Insurers' Bureau of Ireland (MIBI) compensates victims of uninsured or unidentified motorists under a State-approved agreement. The Agreement sets when MIBI pays and the exclusions, and allows recovery against the at-fault driver or owner. See the MIBI Agreement. For injuries, the IRB usually assesses quantum; add MIBI as respondent if appropriate via the IRB process.
Step-by-step: from Garda report to IRB to MIBI
1) Report to Gardaí. Report within two days, or as soon as reasonably possible. Keep the station name and any PULSE reference. (Agreement 3.13). See Garda guidance.
2) Injury claim via the IRB. Most personal injury claims go to the IRB (formerly PIAB). File your application and include medical evidence. Start here: how the IRB assesses claims and the claimant guide.
3) Notify MIBI formally. Use the MIBI claim form or the online form. A completed, signed form counts as notification (3.14). Keep proof.
Untraced claims — 30-day interview: If your claim is untraced, you must make yourself available for an MIBI interview within 30 days of the IRB application. Missing this can defeat the claim. Source: MIBI Agreement (cl. 3.3 & 4.2).
4) Property-only claims. For identified uninsured vehicles, property may be in scope. For untraced vehicles, pure property loss is only covered when "substantial personal injuries" include a 5+ day inpatient stay; a €500 excess applies. See Agreement 7.1.
5) Section 8 letter. If proceedings are likely, issue an early letter of claim. See Civil Liability and Courts Act 2004, s.8.
How IMID 2024–2025 changed detection (with stats)
Since the State required insurers to capture driver numbers and feed the Irish Motor Insurance Database (IMID) — effective 31 March 2025 — Gardaí can verify cover roadside (and via ANPR) far more reliably. In 2024, Gardaí seized 18,676 uninsured vehicles, up 67% on 2023, and the share of uninsured private vehicles fell from about 1 in 12 (2022) to about 1 in 25 (2024). Sources: Dept. of Transport commencement notice (gov.ie), MIBI IMID report & releases (IMID 2024 report; seizures; rate drop), and RTÉ.
Rules that catch people out (and how to avoid them)
Two-day Garda window. Report within two days or as soon as reasonably possible; if delayed, record why and report promptly. Agreement 3.13.
Formal notice is a form, not a phone call. Submit a fully completed, signed MIBI form. MIBI uninsured page • current form.
Untraced + property-only. No 5+ day inpatient stay? MIBI won't cover pure property loss for an untraced vehicle. Keep hospital letters if admitted. Agreement 7.1.
Time limits that actually apply
Injury claims: Two years from the accident or from the "date of knowledge." See Citizens Information.
Property damage: Up to six years for actions founded on tort. See the Statute of Limitations 1957, s.11.
Foreign-registered or untraced vehicles: how it works
MIBI acts as Ireland's Green Card Bureau and Compensation Body. See foreign vehicles and Article 25a insolvency note here.
2024–2025 enforcement snapshot
18,676 vehicles seized in 2024 (up 67% on 2023). Ratio of uninsured vehicles: about 1 in 25 (2024) vs. about 1 in 12 (2022). Sources: MIBI.
Evidence that moves MIBI to "yes"
Detailed Garda report, photos, independent witnesses (not passengers), credible timeline, hospital letters if untraced + property, phone/data records showing you acted fast. See MIBI claims.
How much compensation can you expect?
The Judicial Council Guidelines set out damage bands for different injury types. General damages (pain/suffering/impaired function) are assessed using those bands, special damages (loss of earnings, travel, medical) must be vouched. Contributory negligence (e.g. no seatbelt, passenger knowledge) can reduce awards. Sources: Judicial Council Guidelines (2021); IRB Claimant Guide.
Your insurance vs MIBI: who pays what & when
If your insurer pays out first under your own policy, MIBI typically reimburses them (minus excess) later. The MIBI "No Claims Bonus Protocol" means no excess for collision damage if you're innocent and the other driver is uninsured or untraced. See the protocol (2021).
What happens to the uninsured driver after MIBI pays?
MIBI's right to recover is not waivable (Agreement cl. 9). MIBI can sue the uninsured driver or owner, use judgment enforcement (instalment orders, attachment), and register a judgment lien on property. Uninsured drivers also face criminal prosecution. Sources: MIBI Agreement.
Mistakes that sink claims
- Late or missing Garda report (Agreement 3.13).
- Failure to notify MIBI formally (Agreement 3.14).
- Missing the untraced 30-day interview.
- Passenger knowledge exclusion (Agreement cl. 5).
- Property-only + no inpatient stay.
- Delayed CCTV requests.
Which route am I on?
| Scenario | Garda report? | IRB? | MIBI notice? | Notes |
|---|---|---|---|---|
| Identified, insured, injury | Yes (≤2 d) | Yes | No (claim via insurer) | Standard route |
| Identified, uninsured, injury | Yes | Yes + MIBI respondent | Yes (MIBI form) | Section 8 within one month |
| Untraced, injury | Yes | Yes + MIBI | Yes + attend 30-day interview | CCTV + witnesses crucial |
| Identified, uninsured, property-only | Yes | No (direct MIBI/small claims) | Yes (MIBI form) | Check Agreement terms |
| Untraced, property-only | Yes | Likely excluded | Yes (if inpatient 5+ days) | €500 excess if eligible |
Eligibility quick-check flow
Simplified flow:
- Is there personal injury? → Yes: file IRB; No: check property scope.
- Is the driver identified? → Yes + uninsured: MIBI; No (untraced): MIBI + 30-day interview.
- Is property-only + untraced? → Only if 5+ day inpatient stay; €500 excess.
What MIBI needs in your notice (3.14)
Use the MIBI claim form or the online form. Include: names, addresses, date/time/location of crash, vehicle details, Garda station and PULSE number, injuries/losses, witness names if known, your signature. Attach: medical report, photos, Garda Abstract (when ready), receipts.
Passenger knowledge exclusions (cl. 5)
If you knew (or ought to have known) that the vehicle was uninsured, stolen, or being driven dangerously/under the influence, you may be excluded from MIBI cover. Agreement cl. 5. Family/close friend relationships draw scrutiny.
Property offsets, limits & excess
For identified uninsured vehicles, property damage may be included in the MIBI claim or via a civil action. For untraced vehicles, property-only claims are only covered where substantial injuries include a 5+ day inpatient stay, subject to a €500 excess. Agreement 7.1.
Learner & unnamed driver pitfalls
If the uninsured driver was a learner without a qualified driver accompanying them, or wasn't named on the policy (and it was a "named driver only" policy), the vehicle is uninsured. Some policies exclude use outside the policy terms (taxis used privately, commercial use). Always check policy wording. Sources: Citizens Information.
False insurance details: verify fast
If you suspect false details (e.g. the policy number doesn't exist, provider not known), ask Gardaí to check the Irish Motor Insurance Database (IMID) via the driver's licence number or registration. Verification can happen at the scene or station. See MIBI IMID.
CCTV retention: why 7–30 days matter
Most private CCTV overwrites in 7–30 days. Request footage immediately (same day if possible) by visiting the premises with a brief note of the crash date/time/location. Businesses are not obliged to preserve it under GDPR retention rules unless served with a formal order, so timing is critical. Garda requests often carry more weight.
Templates & checklists
Fast facts about Ireland
- IRB: Most injury claims start here. Making a claim.
- MIBI: Compensates victims of uninsured/untraced drivers. Claims page.
- Garda Síochána: Report within two days. What to do.
- IMID: Irish Motor Insurance Database enables roadside checks. About IMID.
How to claim (steps)
- Report to Gardaí ≤2 days (Agreement 3.13).
- Get medical report (GP → consultant if needed).
- File IRB application: IRB.
- If uninsured/untraced, complete MIBI claim form (Agreement 3.14).
- If untraced, attend MIBI interview within 30 days of IRB filing.
- Issue Section 8 letter within one month: s.8.
- Gather evidence: photos, witnesses, medical notes, receipts, CCTV, Garda Abstract.
- Respond to IRB assessment; if accepted, claim closed. If rejected, issue proceedings.
Additional resources
- Injuries Resolution Board (IRB)
- Motor Insurers' Bureau of Ireland (MIBI)
- An Garda Síochána – Traffic Matters
- Judicial Council Personal Injuries Guidelines (2021)
- Law Society of Ireland – Find a Solicitor
- Citizens Information – Injuries Resolution Board
Expand your knowledge
- Car Accident Claims (main hub)
- IRB claim process timeline
- Garda report and PULSE reference
- Section 8 notice requirements
- Contributory negligence in Ireland
Case‑law capsules (recent)
Lynch v Motor Insurers’ Bureau of Ireland — High Court (30 Oct 2024)
Citation: [2024] IEHC 587. courts.ie
Holding (in brief): Assessment of MIBI liability in an uninsured-driver context; court emphasised consistent testimony and aligned expert evidence.
Why it matters: Shows uninsured claims can succeed where credibility + expert reconstruction cohere; pair with “Who pays / NCB protocol”.
Kazmierczak v Gaizauskas; Kazmierczak v MIBI — High Court (11 Jul 2024)
Citation: [2024] IEHC 445. courts.ie
Holding (in brief): Collision primarily caused by untraced driver; plaintiff 1/3 contributory negligence; MIBI liable for 2/3.
Why it matters: Practical proof that untraced claims can recover against MIBI; useful for FAQs on contributory negligence and costs.
Mini‑scenarios
A) Identified but uninsured driver (injury claim)
- Garda report within ; obtain PULSE reference.
- Insurer confirms the other driver was uninsured.
- Route: IRB for assessment; MIBI reimburses behind the scenes.
- Tripwires: medical evidence; prompt notice; request/secure CCTV.
- Limitation: for personal injury (date of knowledge).
- Authority hook: Lynch [2024] IEHC 587 (credibility + expert alignment).
B) Hit‑and‑run (untraced) with lost CCTV
- Immediate station report; chase CCTV quickly (retention may be short).
- MIBI interview: cooperate within if requested.
- Route: MIBI (untraced) + IRB.
- Tripwires: show diligent steps (CCTV requests, witnesses, medical notes).
- Limitation: for injury; property-only treatment differs.
- Authority hook: Kazmierczak [2024] IEHC 445 (recovery despite untraced, with apportionment).
Common questions (CX format)
Do I still use the IRB if the driver was uninsured?
Yes. Injury claims usually start at the IRB; add MIBI as respondent where appropriate. IRB: Making a claim; MIBI: Uninsured vehicles.
Why it matters: IRB provides a structured assessment pathway and protects limitation dates.
Next step: File your IRB application now; don't wait for the MIBI form.
How fast must I report the crash to Gardaí?
Within two days, or as soon as reasonably possible. Agreement 3.13: PDF; Garda steps: What to do.
Why it matters: Late reporting is a common refusal ground.
Next step: Report at the nearest station if you haven't already.
Will MIBI cover property damage if the vehicle is untraced?
Only with a 5+ day inpatient stay; €500 excess applies. Agreement 7.1: PDF; Untraced: MIBI.
Why it matters: Most untraced property-only claims are excluded.
Next step: Keep hospital admission letters if you stayed 5+ days.
Is there a 30-day interview requirement for untraced claims?
Yes. Make yourself available within 30 days of the IRB application. Agreement: PDF; IRB: Making a claim.
Why it matters: Missing this can defeat the entire claim.
Next step: Watch for MIBI correspondence after filing IRB.
How much compensation can I get from MIBI?
Awards follow the Judicial Council Guidelines; same as insured crashes. Guidelines: PDF; IRB guide: PDF.
Why it matters: MIBI claims are not capped differently from insured claims.
Next step: Get a comprehensive medical report.
Will my no-claims bonus be hit if my insurer pays first?
Under the MIBI NCD Protocol, no excess is charged and NCD remains intact. Protocol: PDF (2021); Uninsured route: MIBI.
Why it matters: Preserves your premium discount.
Next step: Confirm with your insurer that the MIBI protocol applies.
The Gardaí didn't attend. Is my claim affected?
No, if you report promptly at a station and keep evidence. Garda advice: What to do; Untraced: MIBI.
Why it matters: Station reports create a PULSE record.
Next step: Make a station report today.
Should I sue the driver directly instead of using MIBI?
You can, but many uninsured drivers are judgment-proof; MIBI ensures compensation. Courts: courts.ie; Recovery: Agreement cl. 9.
Why it matters: Suing directly may result in an uncollectable judgment.
Next step: Use the MIBI route to secure payment.
Is enforcement improving via IMID?
Yes. Driver numbers enable roadside checks; 18,676 uninsured vehicles seized in 2024. Gov.ie: press release; MIBI: seizures.
Why it matters: Detection rates have improved dramatically since March 2025.
Next step: Ask Gardaí to check IMID if you suspect false insurance.
What if the uninsured driver is a friend or family member?
Report and proceed. Criminal proceedings and MIBI recovery are separate and can't be waived. Garda steps: What to do; MIBI cl.9: PDF.
Why it matters: Personal relationships don't change legal duties or MIBI's recovery rights.
Next step: Report the crash like any other collision.
Why might MIBI refuse my claim?
Common reasons: late/missing Garda report, missed 30-day interview (untraced), or passenger knowledge. Agreement: PDF; IRB: Making a claim.
Why it matters: Procedural failures can defeat otherwise valid claims.
Next step: Follow all deadlines and formal notice requirements.
Do I need a solicitor for an MIBI claim?
Not legally, but strict conditions and deadlines mean most people instruct a solicitor. IRB guide: PDF; MIBI uninsured: Claims page.
Why it matters: Technical errors can defeat claims worth thousands.
Next step: Call us on 01 903 6408 for a free consultation.
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
