S.L. 403.13 Art. 25Payment of claims out of the Fund.

(1) If a judgement in respect of any civil liability which is required to be covered by a policy of insurance under compulsory insurance legislation is obtained against any person or persons and 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 legislation or such policy is ineffective for any reason other than the inability of the insurer to make payment, and any such liability is not satisfied in full within twenty-eight days from the date upon which the person or persons in whose favour such judgement was given became entitled to enforce it, then, if there is no insurer concerned, the Fund shall, subject to the provisions of these regulations, make payments to the person or persons in whose favour such judgement was given, out of its funds set aside for utilisation for the payment of compensation relating to protected liabilities:

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 in lieu 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) No payment shall be made under this regulation unless the following conditions concur:

(a) notice of the proceedings in which the judgement is given has been given in writing by registered post or by a judicial letter, within seven days after the commencement of such proceedings by the plaintiff in 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 Fund in relation to any matter which could affect the payment of compensation by the Fund under these regulations;

(c) the judgement or judgements and all rights thereunder have been ceded to the Fund;

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

(3) In the case of payments relating to damage to property caused by an uninsured vehicle, the Fund shall apply an excess of four hundred and sixty-five euro and eighty-seven cents (€465.87) with respect to each and every payment.