The Gazette 1986

GAZETTE

APRIL 1986

The Role of a Solicitor in Relation to the Motor Insurers' Bureau of Ireland Agreement 30/12/1964 by N . S . Chairman and Secretary of the M ost solicitors are au fait with this Agreement and its connection with the Road Traffic legislation Mulvin Motor Insurers' Bureau of Ireland

Bureau for consideration and all available evidence is considered. The Council is comprised of claims officials from member offices who are well aware of the approxi- mate Court value of a claim. We wish to be fair to every applicant and the most up to date medical report should be submitted as one of the grounds for an award appli- cation. Awards are mirrored by the current level of Court awards, provided the application qualifies. Note 8 should be studied as the Bureau criteria are based on this. When an application for an ex gratia award under Note 8 is turned down by Council - and bear in mind that Council are well aware of the function of the Bureau and try to find for the applicant where possible - some solicitors apply to the Minister. This they are perfectly entitled to do but perhaps a more satisfactory approach for their client might be to see if any fresh evidence can be found and the Council will always reconsider a decision if necessary. An example could be the production of a witness who saw a vehicle at the scene of a "hit and run" accident which could have been negligently driven, etc., etc., to assist previously unsubstantiated evidence. From very occasional correspondence between solicitors and Bureau the impression could be gained that we were in a conflict situation e.g. "we refuse to share a medical report with you . . . " in a situation where there was an untraced motorist! Unfortunately the victim is forgotten and unfortunately in the past it has also happened that the Bureau applications have been dropped due sadly to apathy. Let us realise that we can all contribute to the successful operation of the M.I.B. of I. Agreement by full co-operation in the interests of the victim or victims - the client. Copies of the M.I.B. of I. Agreement (P.R. 8126) dated 30/12/64 were out of print for some years but they have recently been reprinted and are available from the Government Publications office, Dublin. With Untraced Driver cases the Bureau normally pays the following costs:- 1. Up to £100 legal costs. 2. Cost of medical reports, Garda reports, etc., sub- mitted by the applicant's solicitors which may assist the handling office outlay, up to a maximum of £100. 3. In addition, if the Bureau insists in the case of a Minor that the "settlements" be ruled, the Bureau will pay costs of ruling up to £100. Should a foreign registered vehicle visiting the State cause an accident, our sister Bureau, the Irish Visiting Motorists Bureau will consider the facts with a view to seeing that compensation is payable where applicable to the innocent victim. Both Bureaux at 5/9 South Frederick Street, Dublin 2, will always be happy to offer advice or to discuss any case. Office hours: 9.00 a.m. to 3.00 p.m. Telephone Nos.: 774569, 719443, 714062. 59

but a small minority appear to consider a Bureau claim as similar to a Third Party claim for an insurance com- pany . . . unless we hear from you within seven days, etc. . . . The M.I.B. of I. operates a system of compensation for victims of uninsured motorists and it is our wish to be helpful within our terms of reference. It is important that solicitors should be familiar with all the provisions of the current Agreement between the then Minister for Local Government and the Motor Insurers' Bureau of Ireland. The Bureau is under an obligation to apply the terms of the Agreement strictly and solicitors must have particular regard to any pre- scribed limitation periods, e.g. the necessity to present an application within three years of the date of the accident. The Bureau considers personal injury claims only and in relation to vehicles registered in this State. Upon being consulted by a client whose injuries appear to have been caused by the negligence of another, a solicitor's first task it to make written application by registered letter to the M.I.B. of I. (Clause 7) as soon as possible. The Bureau will in most cases send out a yellow claim form for completion. Some applications are outside the scope of the Bureau e.g. a passenger in a commercial vehicle, and in these cases the Bureau will advise the position to the solicitor. On receipt of the yellow form, the Bureau will investigate the details and send the case to a member company or handling office to settle. From time to time cases need to be referred to the M.I.B. of I. Council for decision and the solicitor will be advised of the outcome. Any investigation in which the prospective defendant is unavailable presents its own difficulties and enquiries can take time to complete. During such enquiries it is sometimes found that there may be an insured potential defendant upon whom liability may rest. M.I.B. of I. is essentially a body of "last resort" and only becomes involved if recovery cannot be effected elsewhere. The exclusion of certain passenger claims under Clauses 3(1) and 3(2) should be noted carefully together with the provisions of Clause 4. Also "injury to person" does not include any injury by way of loss of services of the person injured. While it has been held that the Notes at the back of the Agreement do not form part of the Agreement, Note 8 is important in relation to "hit and r un" cases. The Bureau will always look at such cases and if the two main points are present e.g. serious and permanent dis- ablement (or death) to the victim struck as revealed by medical evidence, and that a liability under the Road Traffic Acts exists on the part of the driver had he been found, then consideration will be given by the Council of the Bureau to making an ex gratia award. This is an area which sometimes creates difficulty for solicitors. These "Note 8 " cases are referred to the Council of the