If you are hit by an uninsured driver or untraced driver and injured as a result, would you know what remedy you have legally?
The Motor Insurers’ Bureau (MIB)
The MIB was created in 1946. It is a UK based body that compensates victims of negligent uninsured or untraced drivers (hit and run accidents). It is funded by all motor insurers through the insurance premium collected from all motorists. The Road Traffic Act 1988 requires that every insurer that underwrites compulsory motor insurance must be a member of the MIB and must contribute towards it.
Its aim is to compensate you for personal injury if you are injured due to the negligence of a driver who cannot be traced or does not have any insurance. There is no limit to the level of compensation the MIB can pay. It will also pay for damage to property caused by negligent uninsured drivers but not if the damage is caused by a vehicle that remains untraced.
Agreements
There are two agreements under which claims are made:
- The Uninsured Drivers Agreement
- This is for those who wish to claim against drivers who are identified but uninsured.
- The Untraced Drivers’ Agreement
- This is for those who wish to claim following an accident where the other driver cannot be traced.
What will the MIB want to know?
If you are the injured party, the MIB will want to know that you have taken reasonable steps, where possible, to identify the insurance status of the uninsured vehicle and investigations have been made to trace the offending motorist. You may be expected to:
notify the police
- write to or telephone the driver of the offending vehicle
- make enquiries with DVLA
- make enquiries with the vehicle owner
- make enquiries of the Motor Insurance Database.
Please note that this is not an exhaustive list and being unable to make some of the enquiries may not prevent you from pursuing a claim.
Which jurisdictions does the MIB cover?
The MIB extends to:
- England, Scotland and Wales
- Northern Ireland
- Isle of Man
- Alderney
- Guernsey
- Jersey
- Sark
- Gibraltar
If you have an accident abroad, you may still be able to make a claim if it occurs in a country participating in the green card system. If you have an accident with a foreign insured driver in the UK you can still make a claim.
Amy-Jo Cartwright
How can Graysons help?
Our personal injury experts have vast experience of helping clients who have had accidents caused by uninsured or untraced drivers, so we know exactly what to do.
If you have an accident that involves an uninsured, untraced or foreign insured driver, contact us now. We will make an appointment for you to see one of our personal injury experts who will be able to advise you on your potential claim. You can find out more about road traffic accidents on our web pages.
Author: Amy-Jo Cartwright, personal injury solicitor.
