Uninsured/Hit-and-Run Accident Claims

If you’ve been injured in a hit and run or by an uninsured driver, it’s easy to feel like you’re on your own. But you’re not—not when you’ve a local legal team in your corner.

At John O’Leary Solicitors LLP, we’ve spent over 20 years supporting people in Tallaght and across Dublin through some of the most difficult moments of their lives. Whether the driver fled the scene or didn’t have insurance, we’ll help you understand your rights and take the right steps forward.

You won’t find legal jargon or distant voices here—just a dependable, community-rooted firm that treats your case with the care it deserves. If you need guidance, answers, or a calm hand to steer the process, contact us today.

When the Driver Has No Insurance or Leaves the Scene (400 words)

When you’re involved in a road traffic accident, there’s an unspoken expectation: that the other driver will stop, share their details, and take responsibility. But when that doesn’t happen—when the driver speeds off or when you later discover they had no insurance—you’re left facing not only physical injury, but an incredibly frustrating legal and financial tangle.

This happens far more often than most people realise, including right here in Tallaght and across Dublin. Some drivers panic. Others know they’re uninsured or unlicensed and leave the scene to avoid facing Gardaí. In hit and run cases, victims may not even catch the registration plate, let alone get a name. For others, the driver may stop and provide false information—only for you to learn days later that the insurance they claimed to have simply doesn’t exist.

Uninsured and unidentified driver claims tend to arise in a few key scenarios:

  • You’re rear-ended and the other vehicle disappears before you can record the registration.
  • A driver admits fault at the scene but later denies involvement.
  • You’re struck while walking or cycling, and the driver speeds away.
  • You’re told the driver’s insurance is valid—but your own insurer confirms otherwise.

These situations are deeply unsettling, especially when the normal supports—like the other party’s insurer—aren’t available. But it doesn’t mean you’re out of options. In Ireland, there are dedicated systems in place to protect people like you. But there are deadlines, procedures, and specific criteria that must be met.

Before we walk through how the Motor Insurers’ Bureau of Ireland (MIBI) works, we’ll first break down exactly what it does and doesn’t cover—and how to know whether your case qualifies.

What the MIBI Covers

If you’ve been injured in a road accident caused by an uninsured or unidentified driver, the Motor Insurers’ Bureau of Ireland (MIBI) may be your route to compensation. The MIBI exists to fill the gap when there’s no insurance policy to claim against—ensuring injured parties aren’t left out in the cold simply because the driver at fault didn’t have cover or fled the scene.

Personal Injury Claims Are Always Covered

Whether the offending vehicle is uninsured or unknown, if you’ve suffered a personal injury due to their negligence, MIBI can compensate you for those injuries. That includes:

  • Drivers, passengers, cyclists, or pedestrians injured in the incident.
  • Injuries caused by hit-and-run drivers.
  • Injuries from crashes involving unregistered or falsely registered vehicles.

This includes both soft tissue injuries and more serious, life-changing trauma. However, claims must be supported by strong documentation—medical reports, Garda records, and witness accounts where possible.

Vehicle and Property Damage Claims—Only in Specific Cases

This is where things get more limited. If the driver fled and you didn’t get a full registration plate, MIBI cannot compensate you for damage to your car or other property—unless you also sustained significant personal injuries and required a hospital stay of five days or more. Even then, you’ll be responsible for the first €500 of the repair costs (your excess).

If the vehicle was identified by its registration plate, you can make a claim for material damage—even without personal injury—but only if the vehicle is confirmed to be uninsured. If you have comprehensive insurance, MIBI may refer you to your own insurer under the No Claims Discount Protocol, protecting your bonus and waiving the excess.

What MIBI Does Once You File

As soon as you submit a fully completed Claim Notification Form, MIBI will begin a formal investigation. This involves:

  • Verifying the facts of the collision.
  • Requesting a Garda report to confirm details and liability.
  • Checking the insurance status of the alleged vehicle or driver.

Once MIBI confirms that no valid insurance exists, your claim is passed to one of their independent Claims Management Service Providers. They take over handling the claim—liaising with you (and your solicitor) as the investigation progresses. If liability is accepted, compensation is issued for the injuries and eligible expenses.

But this process depends entirely on timely and accurate reporting. Next, we’ll walk through the steps you need to take right away to protect your claim.

Important Steps to Take After an Uninsured or Hit-and-Run Accident

In the immediate aftermath of an accident involving an uninsured or unidentified driver, taking the right steps can significantly improve your chances of a successful claim. Here’s what you should do—whether you’re a driver, passenger, cyclist, or pedestrian.

1. Prioritise Medical Attention

Even if your injuries seem minor at first, shock and adrenaline can mask the effects. Whiplash, soft tissue damage, and internal trauma often emerge hours or days later. Attend A&E or visit your GP promptly, and keep all records.

2. Contact the Gardaí

Reporting the incident to Gardaí is essential. For MIBI to accept your claim, they must see official confirmation that the event was recorded and investigated. Be sure to get the name and station of the Garda who attended the scene or took your statement.

3. Gather and Record Evidence

If you’re physically able, collect the following:

  • The registration number of the other vehicle (even partial details can help).
  • Photos of the scene, your injuries, and any damage.
  • Names and contact details of witnesses.
  • The date, time, and exact location of the incident.

In hit-and-run cases, local CCTV (from nearby shops, public buildings, or traffic cameras) may later be retrievable. A solicitor can assist in requesting this quickly before footage is overwritten.

4. Notify the MIBI

To start the process, submit a completed Claim Notification Form to the MIBI as soon as possible. This can be done online, by email, or by registered post. You’ll need to include all available supporting documentation.

Getting this right early on can make or break a claim. In the next section, we’ll explain who’s eligible to claim and when.

Who Can Claim and When?

You don’t need to be behind the wheel to bring a claim for an uninsured or hit-and-run accident. In fact, many of the cases we handle at John O’Leary Solicitors LLP involve pedestrians, cyclists, motorcyclists and passengers injured by unknown or uninsured drivers.

Who can bring a claim?

You may be eligible if:

  • You were hit as a pedestrian by a vehicle that fled the scene or had no insurance.
  • You were a cyclist struck by an unidentified car at a roundabout, junction or pedestrian crossing.
  • You were a motorcyclist forced off the road by another driver who never stopped.
  • You were a passenger in a vehicle where the at-fault driver fled the scene or turned out to be uninsured.
  • You were involved in a multi-vehicle accident and the driver responsible either fled or had no insurance.

In each of these situations, so long as there’s no evidence you were fully to blame, you may be able to claim for your injuries through the MIBI.

Timing is critical

In Ireland, the statutory time limit is two years from the date of the accident to initiate a claim. This includes:

  • Notifying the MIBI using their Claim Notification Form.
  • Gathering your medical and Garda reports.
  • Lodging your claim through PIAB (Personal Injuries Assessment Board), unless your case proceeds directly to court.

If you were under 18 at the time of the accident, the clock only starts ticking from your 18th birthday.

You must not delay. If you think your case might qualify, even if you’re unsure of the full details, we recommend contacting us straight away. You don’t have to have all the answers before reaching out—we’ll help you piece it together.

Challenges and Delays Unique to These Claims

Uninsured and hit-and-run claims present a very different legal picture than standard motor claims. Even when your injury is clear and the accident wasn’t your fault, you may still run into unexpected roadblocks that slow or stall your case.

Garda report delays

In MIBI claims, Garda reports are often essential—but not always quickly available. When investigations are ongoing or statements haven’t been finalised, this delay can prevent your claim from progressing. Without confirmation from Gardaí, the MIBI may not accept liability.

Partial or disputed vehicle details

In hit-and-run cases, claimants often have only partial vehicle descriptions or witness recollections. MIBI will not cover vehicle damage unless a full registration is confirmed—and where serious injury hasn’t occurred, this can shut down parts of your claim. In disputed cases, it may fall to you to prove the vehicle even existed.

Conflicting versions of events

Even when a vehicle is identified, the other party may later claim they weren’t involved, weren’t driving, or weren’t negligent. MIBI or the court may require additional verification—like CCTV or accident reconstruction reports—which can add significant time and complexity.

Ineligibility due to timeline breaches

Failing to submit a completed MIBI notification form promptly or missing key follow-up deadlines can render a valid injury claim ineligible. MIBI doesn’t accept “late” claims lightly—even for minor errors.

These challenges can determine whether your case succeeds or fails. At John O’Leary Solicitors LLP, we know how to pre-empt these issues and keep your claim moving from day one.

Frequently Asked Questions

Can I claim if I never saw the vehicle that hit me?

Yes. If you suffered a personal injury due to a vehicle that fled the scene or was never identified, the Motor Insurers’ Bureau of Ireland (MIBI) may still cover your claim. It’s essential to report the incident to Gardaí and submit a claim notification form to MIBI as soon as possible.

What if I only noted part of the registration plate?

Partial registration numbers can help—but they don’t guarantee MIBI liability for property damage. For personal injuries, however, you may still qualify for compensation, provided the event is reported promptly and the accident circumstances are documented.

Will my vehicle damage be covered if the other driver can’t be identified?

Only in limited circumstances. MIBI does not pay for vehicle damage unless the vehicle at fault is identified by a full and valid registration number. The exception is where you also sustained serious injuries that required five or more days of inpatient hospital care, in which case MIBI may cover vehicle damage subject to a €500 excess.

Can I skip the PIAB stage for these claims?

No. Even with MIBI cases, injury claims must first be submitted to the Personal Injuries Assessment Board (PIAB). However, once liability is established through MIBI, the claim will proceed like any other personal injury matter—with PIAB authorisation required for court if needed.

What happens if MIBI rejects my claim?

You can challenge MIBI’s decision, but the rejection typically stems from missing documentation, unclear fault, or timeline breaches. This is why working with an experienced solicitor is key—we ensure your file meets all formalities from the outset.

Can I still claim if I wasn’t wearing a seatbelt?

Possibly. You may still recover compensation, but your award could be reduced due to contributory negligence. The degree of reduction will depend on how much your lack of a seatbelt contributed to your injuries.

Is there a deadline for MIBI claims?

Yes. For personal injury, the time limit is two years from the date of the accident. For property damage (only when a registration is known), the deadline is six years—but early notification is always best.

Contact John O'Leary Solicitors LLP

If you’ve been hurt in an accident involving an uninsured or hit-and-run driver, you’re not alone—and you’re not without options. At John O’Leary Solicitors LLP, we’ve spent over 20 years helping people in Tallaght and across Dublin recover what they’re owed in situations just like yours. We’ll handle the paperwork, the MIBI, and every legal step—so you can focus on getting better. Contact John O’Leary Solicitors today for sound, personal advice tailored to your case.