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Can I make a claim for compensation following an accident with an uninsured/untraced driver?

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If you have been unfortunate enough to have been involved in a road traffic accident as either a driver/passenger of a vehicle or riding a motorbike/bicycle or even as a pedestrian it can be a very traumatic experience which can be made even more difficult and stressful if the person responsible for the accident is either uninsured or has left the scene of the accident before any necessary details were exchanged.

If this is the case you may think you will be unable to pursue a claim for any property or vehicle damage however, thankfully, this isn’t true.

The Motor Insurers Bureau (MIB) is a non-profit organisation set up by motor insurers in order for innocent victims to seek compensation for accidents involving uninsured/untraced drivers.

The Motor Insurance Bureau Agreements are as follows:

Untraced Drivers Agreement

The MIB will initially carry out investigations in an attempt to trace the untraced driver at fault for the collision and if they are successful the claim will be pursued via the insurers of the untraced driver. If however they are unable to trace the driver the MIB will assess the injuries sustained in the accident by obtaining medical evidence and thereafter make a payment out for the injuries. The MIB will not make any payment for property or vehicle damage unless the award they are paying for personal injury is significant.   

Uninsured Drivers Agreement

The MIB will investigate the circumstances of the accident and if the uninsured driver is found responsible for the accident the MIB will assess the injuries sustained by obtaining medical evidence  and will thereafter make a payment out for the injuries. They will also consider making a payment out for any property/vehicle damage e.g. vehicle repairs, hire charges etc however they will require full evidence of these losses before they will consider making a compensation payment.

It is important to note that should you be involved in an accident which involves an untraced/uninsured vehicle the accident must be reported to the police as soon as reasonably practicable and evidence of this should be obtained in the form of a crime/incident reference number, or a full report if the police compile the same.  

The Motor Insurers Bureau have very strict guidelines that must be followed and therefore it would be sensible to seek advice from a solicitor. 

If you have been involved in an accident with an insured or untraced driver, then our specialist personal injury solicitors are on hand to guide you through the process of making a claim, call us on 0161 696 6235 or complete our online enquiry form.

By Kathryn Horton, personal injury claims team

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