I was in a hit-and-run accident. How do I claim?

What the Law Says

The Road Traffic Act 1961 sets out the legal basis for claims arising from unidentified or uninsured drivers in Ireland. Section 78 specifically enables compensation for victims of hit-and-run accidents through the Motor Insurers’ Bureau of Ireland (MIBI), which acts as a statutory fund of last resort.

Under Irish law, if the driver who caused your injury cannot be identified (e.g., they fled the scene), you cannot sue them directly. Instead, the law allows you to make a claim against the MIBI — a body established by agreement between the Irish government and motor insurers.

To qualify, you must show that the accident involved a motor vehicle, that you suffered personal injury (not just property damage), and that the driver was either unidentified or uninsured. You must also comply strictly with reporting and cooperation requirements.

The MIBI’s liability is governed by the terms of its Agreement with the State, but the enabling statutory authority comes from the Road Traffic Act 1961 — particularly section 78, which empowers the Minister to make arrangements for compensating victims where insurance is unavailable.

Statutory Text

The Minister may make such arrangements as he thinks fit for securing that compensation is paid to persons who suffer personal injuries in road accidents caused by unidentified or uninsured drivers.

— Road Traffic Act 1961, s. 78 — Compensation for personal injuries caused by unidentified or uninsured drivers

What to Do

Sources