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 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) 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 McGill & 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