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Discover the functions and responsibilities of the Motor Insurers' Bureau of Ireland, founded in 1955 by insurers and government. Learn about its roles in guarantee funds, green card bureau, info center, and compensation body.
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Motor Insurers’ Bureau of IrelandFunctions & ResponsibilitiesPresented by:Aidan Lynch7 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 policyholder holders • 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) • 4th EU Directive Information Centre • Information for all EU residents • Road traffic accidents outside State of residence • Extended in 5th Motor Insurance Directive
Compensation Body • Statutory Role (SI 651/2003) • 4th 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 McGill & MIBI • Harrington v MIBI • Kelly v Groupama • Vnuk v Zavarovalnica Triglav • Law Society of Ireland v MIBI
Motor Insurers’ Bureau of IrelandMIBI & FraudPresented by:PJ Murphy7 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