Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 341: To ask the Minister for Transport the reason the case of a person (details supplied) in Dublin 5 has not been finalised; and if he will clarify the powers in legislation and the role of MIBI. [13163/06]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

My officials have made inquiries in this case and I understand that the matter is currently under investigation by the Garda Síochána. The Deputy will appreciate that I cannot have a role in operational matters where the Garda Síochána is involved.

It is necessary for the Motor Insurance Bureau of Ireland, MIBI, to ascertain that it has a liability in this case. Matters are being expedited as quickly as possible and once liability has been established, I would expect that compensation could be paid soon after.

In all motor collisions referred to the MIBI, the innocent victim will be compensated for personal injuries and, where the driver is identified as being uninsured, for property damage. The MIBI will reimburse the innocent victim for losses incurred, including out of pocket expenses subject to the excess in the agreement, including interest incurred as a result of borrowing to fund outlays.

I understand that a representative of the MIBI met the claimant, who is the subject of the question, on Monday, 3 April. I am sure the Deputy will understand that the MIBI must ensure that claims fall within the scope of the agreement and that liability has been established against the uninsured or untraced driver. It is important to establish the insurance position of the offending vehicle before a payment is made. Where the driver is identified, MIBI representatives will interview him or her and take a statement. Where the offending driver is unidentified, the MIBI must rely on the Garda investigation for verification of the circumstances of the accident, identification of the offending driver and the insurance status of the vehicle.

In this case, I understand that the MIBI has been in touch with the Garda Síochána and it hopes to be in a position to complete its assessment of the case over the coming weeks.

The MIBI's role is to compensate victims of uninsured and untraced drivers. Membership of the MIBI is required of all motor insurers writing insurance in the State under section 78 of the Road Traffic Act 1961, as inserted by S.I. No. 347 of 1992. There have been a number of agreements between the MIBI — which is a company under the Companies Acts limited by guarantee and without share capital — and first, in 1955, with the Minister for Local Government, then Environment and later, in 2004, with the Minister for Transport. The MIBI was deemed the insurer of last resort/compensation body under the second EU motor insurance directive, 84/5/EEC.