If you are unlucky enough to be involved in an accident with an uninsured or untraced driver it is still possible to bring a claim. The Motor Insurance Bureau (MIB) are an insurer funded company established in 1946 to compensate victims of negligent uninsured and untraced motorists.
Before deciding whether a claim should be submitted to the MIB there are some steps that should be followed:
Take the other driver’s details
Take down as much information as you can at the scene of an accident. Exchange full names, addresses, contact details, insurance details and get the vehicle registration, make, and model. Photographs are the best way to make sure you have all of the right information.
Consider reporting to the police
If the other driver refused to provide their details or fled the scene this is a criminal offence. You must report this to the police and make sure they provide you with a log number. In order for the MIB to deal with a claim the accident must have been reported to the Police “as soon as reasonably practicable”, so the sooner the better.
Report the accident to your insurer
It will be a condition of your insurance policy that all accidents are reported to your own insurance company, so it is important that you do this to avoid invalidating your insurance. If you have comprehensive motor insurance you should make a claim for any repairs through your own insurer.
Check whether the vehicle was insured
Find out whether the other vehicle was insured. Your insurance company or Solicitor will be able to check the AskMid database to see whether the other vehicle was insured at the time of the accident. If no insurance details can be found then the claim will most likely need to be submitted to the MIB.
When the MIB agree to deal with a claim it is either under the terms of the Uninsured Driver Agreement or Untraced Driver Agreement. It is important to note that each agreement has a strict set of rules which must be followed in order for a claim to be successful. The rules will also dictate the level of compensation that can be recovered; for example, where a driver is both untraced and the vehicle is unidentified the MIB will not make any payment for property damage except in fatal accidents or those where the Claimant has been hospitalised for 2 nights or more, or have received 3 or more sessions of hospital out-patient treatment. An excess will also be applicable in certain cases.
It is always best to obtain legal representation to guide you through the process and make sure you recover the compensation that you are entitled to.
If you have been injured in an accident with an uninsured or untraced driver our personal injury solicitors have extensive experience dealing with these claims call us for some free initial advice on 0175 321 6399.
By Katie Plappert