Intentional Injury

Where liability lies to compensate for intentional injuries caused using a motor vehicle in uninsured and untraced driver claims depends on which agreement the claim is brought under. 

Uninsured driver claims

Where the driver of the vehicle was uninsured then, provided the vehicle took place on a road or public place, the MIB will pay damages to the injured party where a valid claim is brought under their scheme.  If the driver of the vehicle was insured then the insurer may obtain a declaration that they are not obliged to pay out.  The claim is then treated as though the driver was uninsured and the MIB will have to pay out.

The victim has the alternative of bringing a claim to the Criminal Injuries Compensation Authority ("CICA") for compensation.  Damages are usually less from the CICA as it works on a tariff system for compensation for injuries.

Untraced driver claims

The MIB is not liable where the injury is caused by use of a vehicle by an untraced person using it in a deliberate attempt to run someone down or as a weapon.  The injured party is therefore limited to bringing a claim to CICA.

Criminal injuries claims

The time limit for criminal injuries claims is generally 2 years form the date of the incident, so it is less than for claims to the MIB.  You are not entitled to recover legal costs in CICA cases, but if you have sustained severe injury it makes sense to instruct a lawyer to advise you as their charges are likely to be only a proportion of the compensation you would be seeking.

If you do not agree with their decision you are entitled to appeal this to the Tribunal Service.  However, once again you are not entitled to payment of legal costs.