I have been injured in a road traffic accident, how do I claim against an uninsured or untraceable driver?

One of the types of case which we see in the Injury and Medical Claims department are road traffic collisions. Unfortunately some of those accidents are caused through the actions of uninsured drivers or drivers who cannot be traced.

Victims may think that because a driver cannot be identified, or the driver can be identified but does not have insurance in place, that they have no access to recompense for the injuries and loss suffered, but this is not so.

People injured in these sorts of accidents do have a recourse and that is through the Motor Insurers Bureau (MIB). Since its inception in the UK in 1946 the MIB has paid out more than £2 billion in compensation to victims of road traffic accidents. So how does it work?

What is the MIB?

The MIB is a instrument in the UK through which compensation is paid to victims of accidents caused by uninsured and untraced drivers. The MIB can provide compensation for both personal injury and damage to property.

Where does the compensation come from?

Section 95 of the Road Traffic Act 1988 requires all motor insurers to contribute to MIB funding. The MIB is funded by insurance premiums paid by insured drivers and the estimated cost to a driver is £30 per annum.

What claims do the MIB deal with?

The types of claim the MIB deal with are wide ranging and include claims from injured parties who could be pedestrians, passengers or drivers.

What do I need to know before making a claim?

Firstly, the claim must be usually brought within 3 years of the accident (although there are exceptions).

Under the Untraced Drivers Agreement, the MIB expect you to have taken steps to attempt to identify the driver first by, for example, reporting the accident to the police promptly. The MIB can refuse to deal with a claim if steps have not been taken to identify the other party.

Furthermore, the MIB will refuse to accept a claim if you are bringing a claim as a passenger and willingly got into a car knowing that the driver was not insured.

How much will the MIB pay in compensation?

Compensation is assessed in the same way as would be done by a court and there is no limit to the amount of compensation paid out.

Will my case ever go to Court?

Claims brought under the MIB Untraced Drivers Agreement do not go to Court.

You do have the option to appeal an award proposed by the MIB. In this instance your claim will go to an independent arbitrator. The arbitrator will review the award and make a final decision. An award will automatically go to an arbitrator for approval if the claim relates to a child or a person without mental capacity.

Our Injury and Medical Claims team are extremely experienced in dealing with claims to the MIB and would be happy to help should you ever find yourself in this situation.