Being struck by a vehicle whose driver then leaves the scene is a frightening experience. Beyond the shock and the injuries, many people assume that without a name or an insurer, there is nobody to claim against. That is not the case.
Our personal injury team regularly advise clients injured in road traffic accidents, including pedestrians, cyclists, motorcyclists, and drivers hit by vehicles that failed to stop. This short guide explains what to do in the hours and days that follow, and how compensation works under Irish law.
1. Get to safety and get checked
If you are able, move away from traffic and call 999 or 112. Ask for an ambulance if you are hurt, even if the pain seems minor. Whiplash, concussion, and internal injuries can take hours to show, and an early medical record is valuable evidence of what the collision caused.
2. Report the accident to the Gardaí
A driver involved in a collision that injures someone is legally required to stop, offer assistance, and give their details, under section 106 of the Road Traffic Act 1961. Driving off is a criminal offence.
For your own claim, reporting matters just as much. The Motor Insurers’ Bureau of Ireland (MIBI) agreement that currently applies requires you to report the accident to the Gardaí within two days, or as soon as you reasonably could. A delay caused by hospital treatment will normally be understood, but we recommend reporting straight away. Keep a note of the station, the name of the Garda you spoke to, and any reference number you are given.
3. Gather evidence while it is fresh
Untraced driver claims are investigated closely, so detail is important. If you can, note or record:
- the registration number, even if only partial, along with the make, model, and colour of the vehicle
- the time, exact location, and direction of travel
- a description of the driver and any passengers
- names and contact details of witnesses
- photographs of your injuries, the scene, and any damage
- nearby CCTV, or dashcam footage from other drivers
CCTV is often overwritten within days, so asking nearby shops and businesses to preserve footage quickly can make a real difference. It is also important to write down your own account as soon as possible, while your memory is clear.
4. Keep a record of your losses
Keep every medical report, prescription, and receipt, along with details of any time missed from work and any travel costs. These form the basis for assessing your compensation.
5. Contact the MIBI
Where the driver cannot be identified, compensation is normally claimed from the Motor Insurers’ Bureau of Ireland, which was set up to compensate victims of accidents caused by uninsured and unidentified vehicles. You must complete its claim notification form, and a phone call alone is not enough. You must also co-operate with its investigation, which can include attending an interview, and everything you tell it must be accurate.
The Injuries Resolution Board states that you should contact the MIBI before you apply for assessment of your claim by the Board, so this step should not be left until last.
What can you claim for?
Compensation is available for personal injuries, and awards are guided by the Personal Injuries Guidelines published by the Judicial Council.
Damage to property is treated differently. Where the vehicle was not identified, the MIBI is not generally liable for damage to your car, bicycle, or belongings, unless you also suffered substantial personal injuries involving an inpatient hospital stay of five days or more, in which case a €500 excess applies. Your own motor insurance policy may cover damage to your vehicle, so check the terms with your insurer.
Mind the time limit
Under the Civil Liability and Courts Act 2004, the time limit for most personal injury claims is two years from the date of the accident. Different rules apply to children and people who lacked legal capacity, and in some cases, time runs from the date you first knew of the injury. However, an untraced driver claim depends on evidence that fades quickly, so our advice is always to act as early as possible.
Speak to our personal injury team
At McCarthy + Co Solicitors LLP, we recommend seeking legal advice as early as you can after a hit and run. The requirements for untraced driver claims are strict, and a missed step can put a valid claim at risk. Our personal injury team will explain your options, deal with the MIBI and the Injuries Resolution Board on your behalf and give you a clear view of whether a claim is worth pursuing. Arrange a confidential, no-obligation consultation using our online form.
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