Being involved in a road traffic accident is a traumatic experience, but when the driver responsible flees the scene, the emotional and financial toll can be even greater. In Ireland, there is a legal pathway for victims to seek compensation—even when the offending driver is untraceable.
Seeking Justice: Compensation After a Hit and Run in Ireland
Being involved in a road traffic accident is a traumatic experience, but when the driver responsible flees the scene, the emotional and financial toll can be even greater. In Ireland, hit-and-run accidents are unfortunately not uncommon, and victims are often left confused about their rights and the next steps. However, there is a legal pathway for victims to seek compensation—even when the offending driver is untraceable.
What Is a Hit and Run?
A hit and run occurs when a driver causes a road traffic accident and leaves the scene without stopping to provide contact or insurance information, or to assist injured parties. This is a serious offence under Irish law and is punishable by fines, driving bans, and even imprisonment.
Legal Options for Victims
If you’ve been injured in a hit-and-run accident in Ireland, you still have the right to claim compensation for your injuries and any resulting losses. When the driver cannot be identified or traced, your solicitor can still make a claim for you and these claims are covered through the Motor Insurers’ Bureau of Ireland (MIBI).
What is the MIBI?
The MIBI is an organisation set up to compensate victims of uninsured or untraced drivers. It is funded by motor insurance companies in Ireland and operates under an agreement with the Irish Government.
Steps to Take After a Hit and Run
Report the Incident: Immediately report the incident to An Garda Síochána. A Garda report is essential for any future claim through the MIBI.
Seek Medical Attention: Your health is the priority. Even if injuries seem minor at first, they should be properly assessed.
Gather Evidence: If possible, try to collect any witness statements, CCTV footage, or photographs of the scene. The more information you can provide, the stronger your claim.
Contact a Solicitor: Engaging a solicitor experienced in personal injury and motor claims is strongly advised. They can handle communication with the MIBI and ensure that all procedural requirements are met.
Submit a Claim: Your solicitor will help you file a claim with the MIBI. This must usually be done within two years of the incident. They also lodge your personal injury claim in the injuries board.
Types of Compensation Available
A successful claim after a hit and run accident covers the same compensation as a standard a road traffic accident:
Medical expenses
Loss of earnings
Pain and suffering
Vehicle and property damage
Physiotherapy and other care costs
Future care and rehabilitation costs
Challenges and Considerations
Claims through the MIBI can be complex. The bureau will investigate the circumstances of the accident, and delays can occur if adequate evidence is not provided. Unlike standard motor insurance claims, there is no known insurer to negotiate with, which is why legal support is crucial.
Conclusion
While a hit and run can leave victims feeling powerless, the Irish legal system provides avenues for justice and compensation. Whether through the courts or the MIBI, victims have a right to recover their losses and receive support on the road to recovery. If you or a loved one has been affected by a hit and run, don’t delay in seeking professional legal advice. The sooner you act, the better your chances of achieving a fair outcome.
Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
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