Every year thousands of people are injured when they are involved in road traffic accidents with uninsured drivers, or worse, drivers that are untraceable because they don’t stop at the scene of the accident. Uninsured and untraced drivers cause many problems to normal law abiding road users, such as the loss of their no claims bonus and increased insurance premiums, and to many, particularly in today’s financial climate, this can put them under a lot of financial pressure.
So what happens if you are involved in an accident with an uninsured or untraced driver? What can you do? Well, first of all do not despair because you can claim back compensation through the Motor Insurers Bureau (MIB). The MIB is a non-profit making organisation set up and funded by all motor insurance companies and the UK Government to compensate victims of uninsured and untraced drivers for injuries and financial losses sustained as a result of an accident. The MIB typically deal with around 50,000 claims every year involving untraced or uninsured drivers.
The first thing to do when involved in an accident with an uninsured or untraced driver is to report the accident to the police and obtain a crime reference number. The police are unlikely to investigate the matter in too much detail unless serious injuries have been sustained, however this is one of the main requirements of the MIB and they can refuse to deal with your claim if it is not reported to the police. The MIB demand that the accident be reported to the police within 14 days for personal injury or within 5 days for damage to personal property.
It is also extremely important to make your claim with the MIB promptly. Claims made through the MIB are subject to time limits imposed by the Limitation Act 1980 and the MIB also impose their limitations and requirements for reporting the matter to them:
Claims involving uninsured drivers:
– Claims for personal injury must be made within 3 years
– claims for damage to personal property must be made within 3 years for people living in Scotland, and 6 years in the rest of the UK
– Losses must be kept to a minimum
Claims involving untraced drivers:
– Claims for personal injury must be made within 3 years
– Claims for damage to personal property must be made within 9 months
– Losses must be kept to a minimum
SOURCE: WWW.MIB.ORG.UK
To make a claim through the MIB you are first required to fill in a comprehensive claim/ application form with full details of the accident. Upon receipt of the Claim form, the MIB will then write to you to confirm it has been received and then begin their investigations. The MIB aim to conclude their enquiries within 3 months but they will not make any payments until their enquiries are fully complete, and they are satisfied that you have met all the necessary criteria and that the other driver cannot be traced or is uninsured. Once the MIB have completed their enquiries they will then decide if you are entitled to compensation, and if so, the amount to be awarded. If the MIB conclude that you are not entitled to compensation they will write to you confirming the reason why and you will be invited to make an appeal if you feel the decision is incorrect.
The MIB claim and investigation process can be quite lengthy and complicated and in claims involving injuries they are notorious for undervaluing claims. In light of this, it is advisable, particularly if you have sustained injuries, to seek legal advice and representation from specialist solicitors such as ourselves. We can guide you through the MIB claims (and if necessary the appeals process) and provide full and comprehensive advice on any legal issues and ensure that the MIB award you the maximum amount of compensation you are entitled to.
