Motor Insurers’ Bureau of Ireland Functions & Responsibilities Presented by: Aidan Lynch 7 April 2016
History • • Established 1955 by Insurers & Government Funded by Motor Insurers Private company limited by Guarantee Stakeholders – Member Companies (motor insurers) – Department of Transport – Public (motorists & claimants)
The organisation • One company – – Board of Directors (Member Companies) Finance Committee (Member Companies) Technical Claims Committee (Member Companies) Audit Committee (Companies Act, 2014) • Four distinct roles – – Guarantee Fund (Uninsured & Unidentified) Green Card Bureau (Council of Bureau) Irish Motor Insurance Information Centre (EU Directive) Compensation Body (EU Directive)
Guarantee fund • MIBI Agreement, 2009 • Compensate victims involved in accidents with uninsured or unidentified vehicles • Agreements amended to reflect law
Guarantee Fund Claims • Claim notified – initial investigation in-house • Handling Office appointed • Accident Investigator appointed • Defence Solicitor nominated
Insurers & Guarantee Fund Claims • Insurers statutory obligation to be MIBI member • Insurers fund the Guarantee Fund (Levy) • Insurers obligation as Insurer Concerned • Insurers obligation under MIBI NCB Protocol
Insurers & MIBI NCB Protocol • Comprehensive insurer handles & pays claim • Policy excess deducted • MIBI refund excess to claimant • Information required prior to MIBI refunding excess • Injury and damage claims (two separate claims) • Household claims included (Clause 4. 4) • TPF&T cover NCB Protocol not applicable
Insurers as Insurer Concerned • ‘The Member who at the time of the accident which gave rise to the RTA liability was providing motor insurance in respect of the vehicle from the use and/or ownership of which the liability of the Judgment Debtor arose’ • Is the driver (Judgment Debtor) identified? • Not to be confused with RTA Insurer (Section 76)
Green Card Bureau • Free movement of vehicles (EU and beyond) • Internal Regulations (Council of Bureau) apply • MIBI Agreement not applicable • MIBI are deemed insurer – Statutory Instrument • Print Green cards – issue to Member Companies
Insurers and Green Card Bureau • Issue Green Cards to policyholders • Insurers can seek recovery of outlay • Registration number & vehicle details required • MIBI contact relevant Bureau
Insurers & Green Card Bureau • Accidents abroad caused by Irish vehicles • MIBI responsible under Internal Regulations • Time limits apply to Internal Regulations
Irish Motor Insurance Information Centre (MIICI) • Statutory Role (SI 651/2003) • 4 th EU Directive Information Centre • Information for all EU residents • Road traffic accidents outside State of residence • Extended in 5 th Motor Insurance Directive
Compensation Body • Statutory Role (SI 651/2003) • 4 th EU Motor Insurance Directive • Accident occurring outside state of residence • Uninsured or unidentified vehicles • Claims Representative fails in their duty
MIBI – Court Judgments • • Woods v Woods & MIBI Doyle v Lyons & MIBI Farrell v Whitty & MIBI Cassidy (5), O’Neill & Flynn v Mc. Gill & MIBI Harrington v MIBI Kelly v Groupama Vnuk v Zavarovalnica Triglav Law Society of Ireland v MIBI
Motor Insurers’ Bureau of Ireland MIBI & Fraud Presented by: PJ Murphy 7 April 2016
MIBI Agreement 2009 • Compulsory insurance • Conditions Precedent of MIBI Agreement
The Investigation Process (1) • Entitlement under the MIBI Agreement • Interview claimant • Claimant must furnish material information • Independent evidence
The Investigation Process (2) • Proof required in Civil Law • Proof required in Criminal Law
The Investigation Process (3) • • • Operation Nascar Perjury Independent witnesses Gardai evidence Ambulance reports CCTV footage
The Investigation Process (4) • Serial litigants • Summary of investigation process
Motor Insurers’ Bureau of Ireland Q&A www. mibi. ie
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