S.L. 403.25 Art. 41Payment of claims out of the Protection and Compensation Fund.

(1) In cases where:

(a) a judgement in respect of any civil liability which is required to be covered by a policy of insurance under compulsory insurance legislation is given against any person and;

(b) either at the time of the accident giving rise to such liability there is not in force a policy of insurance as required by the said compulsory insurance legislation or such policy of insurance is ineffective for any reason other than the inability of the insurer to make payment; and, or

(c) any such liability is not satisfied in full within twenty-eight (28) days from the date the judgement may be enforced, in such cases, if there is no insurer concerned, the Protection and Compensation Fund shall, subject to the provisions of these regulations, make payments to the person in whose favour such judgement was given, out of its funds set aside for utilisation for the payment of compensation relating to protected liabilities: COMPENSATION FUND)

Provided that no payments shall be made under this regulation where the judgement relates to a vehicle the use of which is covered by a security, or instead of such security by a deposit, in accordance with compulsory insurance legislation unless there is also in force, in respect of such vehicle, a policy of insurance purporting to cover such use of the vehicle.

(2) Payment shall not be made in accordance with this regulation unless the following conditions are satisfied:

(a) where the plaintiff has given notice of the proceedings in which the judgement is given by registered post or by means of a judicial letter, within seven (7) days after the commencement of such proceedings:

(i) to the insurer, in any case in which there was in force at the time of the accident a policy of insurance purporting to cover the use of the vehicle, and such fact was known to the said plaintiff; or

(ii) to the Bureau in any other case;

(b) the plaintiff has complied with all the requirements of the Protection and Compensation Fund in relation to any matter which may affect the payment of compensation by the Protection and Compensation Fund in accordance with these regulations;

(c) the judgement and all rights thereunder have been ceded to the Protection and Compensation Fund; and

(d) the plaintiff in any of the aforesaid proceedings had given credit to the Protection and Compensation Fund for any amount paid to him by or on behalf of the defendant in such proceedings with regard to any civil liability arising out of the accident in respect of which compensation may be payable by the Protection and Compensation Fund.

(3) In the case of payments relating to damage to property caused by an uninsured vehicle, the Protection and Compensation Fund shall apply an excess of five hundred euro (€500) with respect to each and every payment.