The driver that caused the accident is not insured / cannot be traced – can I make a claim for my injuries and financial losses?
If you’ve been involved in a road accident, but the driver that caused the accident was not insured or cannot be traced, you can still make a claim for compensation for your injuries and other losses. This applies whether you were a driver or a passenger. The claim will be made against the Motor Insurer’s Bureau (MIB) who will basically act as the insurance company.
The MIB can also deal with claims against foreign registered vehicles (either in the UK or in Europe).
The link to the website for the MIB is here – https://www.mib.org.uk – but here is a quick guide to making a claim against the MIB. If you have any questions about the MIB and how to make a claim against them, call us now on 0161 749 9000 to discuss the case and how we can help you.
What is the Motor Insurer’s Bureau (MIB) and what does it do?
The MIB are a government body that deals with victims of accidents where there is no insurance company to compensate them for their injuries and/or losses. The MIB was created to prevent innocent accident victims from losing out in terms of compensation and assistance if the person that caused the accident was not insured or could not be traced or if the insurer was based in Europe. The MIB will essentially act as the insurer in these circumstances.
The MIB deal with three types of claims:
1. Victims of drivers who do not have a valid policy of insurance;
2. Victims of drivers who leave the accident scene without providing contact or insurance details (e.g hit and run accidents);
3. UK residents who are involved in accidents with foreign registered vehicles (i.e. either in the UK or in the EU).
We have detailed each type of claim below:
1. Victims of drivers who do not have a valid policy of insurance:
This type of claim will be made via the MIB’s Uninsured Driver’s Agreement.
To make a claim against a driver who does not have a valid policy of insurance, you must obtain as many details as you can about the other driver and his/her car at the accident scene, for example name and address and contact details of the driver, make and model of car etc, but most importantly the vehicle registration number etc.
Here is our guide with full details of what to do after a road accident – https://leech.co.uk/what-to-do-road-accident/
Your solicitor, using these details, can search the relevant database to confirm whether the driver has a valid policy of insurance. If the driver does not have valid insurance, the claim can then be submitted to the MIB.
N.B. Even if the claim is submitted to the MIB, you must still report the accident to your insurance company.
Your solicitor will then help you to complete the necessary paperwork to submit the claim to the MIB. This can be done either online or with a paper form. Clearly, the information contained in the paperwork must be correct and truthful.
The MIB will then make investigations into the claim i.e. in relation to which driver was at fault, the identity of the drivers and the cars involved etc and obtain evidence i.e. engineer’s report, police report etc. The MIB will confirm it’s position when the investigations are complete and, if the claim is accepted by the MIB, you will then need to obtain and submit evidence to support your claims for your injuries and other losses. Your solicitor will help you to do this.
Your solicitor will then advise you as to the value of the claim and a suitable settlement figure. When a settlement figure has been agreed with the MIB, you will receive a compensation payment from the MIB.
2. Victims of drivers who leave the accident scene without providing contact or insurance details (e.g. hit and run accidents):
This type of claim will be made via the MIB’s Untraced Driver’s Agreement.
To make a claim against a driver who has left the scene of the accident without providing contact or insurance details, there are two vital steps that you must take as soon as possible following the accident:
i) Report the matter to the Police (this must be done within 5 days of the accident or 14 days if you have suffered injury. If you are unable to comply with this deadline, there must be a good reason and you must report the matter as soon as reasonably possible);
ii) Report the matter to your insurance company.
N.B. You must confirm the reference number for both the Police and your insurance company in order to confirm to the MIB that the matter has been reported and you must make sure that the details of any passengers in your car are also reported.
You must also make enquiries to try to confirm the identity of the driver or the other car e.g. with the Police and/or with any witnesses to the accident. Your solicitor will help you with these enquiries.
If you, your insurance company and the Police cannot identify the other driver or the car, then the MIB should deal with your claim.
Your solicitor will then help you to complete the necessary paperwork to submit the claim to the MIB. This can be done either online or with a paper form. Clearly, the information contained in the paperwork must be correct and truthful.
The MIB will then make investigations into the claim i.e. in relation to which driver was at fault, the identity of the drivers and the cars involved etc and obtain evidence i.e. engineer’s report, police report etc. The MIB will confirm it’s position when the investigations are complete and, if the claim is accepted by the MIB, the MIB will arrange for you (and if necessary, your passengers) to attend a medical examination in order to obtain a medical report detailing your injuries.
You will need to obtain and submit evidence to support your claims for other losses. Your solicitor will help you to do this.
When the evidence is complete, the MIB will assess the evidence and make an award of compensation to you. You are allowed to question and appeal the award, but you must have good reason to do so.
3. UK residents who are involved in accidents with foreign registered vehicles (i.e. either in the UK or in the EU):
Please read our guide to what to do after a road accident – https://leech.co.uk/what-to-do-road-accident/ – and obtain all of the necessary information to identify the driver and the foreign-registered vehicle. On the basis of the information, your solicitor and the MIB will then make all the necessary enquiries to identify the insurance company for the vehicle and/or the UK agents who will deal with the claim. The claim will then proceed via the insurers or their agents. Your solicitor will advise you every step of the way and guide you through the process.
Here’s a case study of a successful claim made by Leech & Co via the MIB Untraced Driver’s Agreement – Read Case Study.
Leech & Co recovered the sum of £30,000.00 in compensation for our client’s facial scarring, psychological injuries and soft-tissue injuries as well as arranging funding, via the MIB, for surgery, treatment and counselling for the injuries.
If you have been involved in an accident which may require the MIB, call us now on 0161 749 9000 for free initial advice and to discuss your case with one of our specialist personal injury lawyers.
