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Thread: Uninsured drivers

  1. #1
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    Oct 2010
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    Default Uninsured drivers

    Am I the only one who is confused about the case this week where a child sued, through his grandmother, his mother, who was uninsured, for damages as a result of an accident in which his mother was at fault??

    Leaving aside the appalling consequences and the need to provide for the support of the child, what happened to his mother, was she charged with driving without insurance?

    What sort of legal/political system is it that requires the significant costs involved in a court case to resolve a situation where the insurers bureau is there just to cover this sort of case? By the way, I assume that all those of us who are insured are paying something to the fund that pays out in these cases.

    I notice also that the judge mentioned the 'windfall' that arises for the relatives if the victim dies, is there no provision that the remaining funds are repaid to the bureau in such unfortunate cases??


  2. #2
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    Default Maidir Le: Uninsured drivers

    Quote Originally Posted by barrym View Post
    Am I the only one who is confused about the case this week where a child sued, through his grandmother, his mother, who was uninsured, for damages as a result of an accident in which his mother was at fault??

    Leaving aside the appalling consequences and the need to provide for the support of the child, what happened to his mother, was she charged with driving without insurance?

    What sort of legal/political system is it that requires the significant costs involved in a court case to resolve a situation where the insurers bureau is there just to cover this sort of case? By the way, I assume that all those of us who are insured are paying something to the fund that pays out in these cases.

    I notice also that the judge mentioned the 'windfall' that arises for the relatives if the victim dies, is there no provision that the remaining funds are repaid to the bureau in such unfortunate cases??

    Yes. This is the norm. It is right that the child should not be penalised, but it is hard to see why it should have anything to do with motor insurance and I'm not sure if that is where the funds come from. What would happen to a child similarly injured by a parent who dropped it over a cliff?

    There were other questions. The child was said to have been in a "booster seat" but was still catapulted through the windscreen. Not done up, or a faulty seat? I'm not sure if the judge enquired.

  3. #3
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    Oct 2010
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    Default Re: Maidir Le: Uninsured drivers

    Quote Originally Posted by C. Flower View Post
    it is hard to see why it should have anything to do with motor insurance and I'm not sure if that is where the funds come from.
    Quite, except that it was the result of a motor accident. My understanding is that the funds come from some sort of bailout fund provided by the insurers to cover uninsured drivers.

    There were other questions. The child was said to have been in a "booster seat" but was still catapulted through the windscreen. Not done up, or a faulty seat? I'm not sure if the judge enquired.
    Yes, I did wonder about that,having grandchildren who use boosters.... Maybe the judge did ask, or was this just a finalising of an agreed solution? I'd love to see the costs involved, presumably paid out of the fund....

  4. #4
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    Default Re: Maidir Le: Uninsured drivers

    Quote Originally Posted by barrym View Post
    Quite, except that it was the result of a motor accident. My understanding is that the funds come from some sort of bailout fund provided by the insurers to cover uninsured drivers.



    Yes, I did wonder about that,having grandchildren who use boosters.... Maybe the judge did ask, or was this just a finalising of an agreed solution? I'd love to see the costs involved, presumably paid out of the fund....
    The personal injuries compensation does come from a fund - from the Motor Insurers Bureau of Ireland, where there is a situation of uninsured driving and all of the Insurance Companies have to pay into this fund

    http://www.mibi.ie/uninsured-unidentifi.html

    If there is a situation of driving without insurance, then I imagine the offender would be up in court for a road traffic offence. No insurance I think used to carry at least mandatory disqualification for 12 months, fine and penalty points.

    I assume monies awarded might be paid into Court to be released to the benefit of the child upon request being made on their behalf - perhaps with a lump sum payment up front and the rest then being retained

  5. #5
    Join Date
    Mar 2011
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    40

    Default Re: Uninsured drivers

    Reading the media reports of this case over the last few days I thought they made a pretty poor job of presenting the facts and explaining the story leaving many people with questions mostly along the lines of the OP, and it is a pretty complicated case which did need explaining.

    I think most of the confusion arises because the injured child was in a car being driven by his mother who had no insurance so at first glance it appears as if she is "getting away with it" and someone else is paying for her mistake but I'm sure I read in one of the reports that the money will be for the child only with some, probably a significant amount, being used to pay the past medical bills and if/when the child dies any remaining money will be returned to the MIBI.

    The problem with an uninsured driver causing an accident is that while the injured person can take them to court and win against them, if the award is in the millions like this one then not very many people will be able to pay resulting in the victim being doubly punished so you have to have some sort of system to provide compensation for the victim even if in a case like this it appears unfair or at least very confusing.

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