If you are involved in a road traffic accident you would expect that the other driver would have insurance and that they would stop and exchange details with you at the scene of the accident. That is after all what every good upstanding citizen has been taught to do. However, sadly, it is the case that some people just aren’t like the rest of us. So if you’ve been in an accident and the other driver has sped off before you can so much as get a glimpse of their registration number, what do you do?
You use the MIB Untraced Driver Agreement – and we can give you an insight in to this below.
What is it?
The MIB (Motor Insurance Bureau) Untraced Driver Agreement is a way for victims of road traffic accidents to obtain compensation for injury from drivers who cannot be found.
It enables you to bring a claim for personal injury and loss with the MIB who may then pay you compensation as if you had claimed against an insured driver. It almost seems too good to be true, that there is an actual government agency that will compensate you for your injury if you have the misfortune to be hit be an untraceable driver.
Fortunately for you, its real, and The Injury Lawyers are here to help you understand it.
How do I claim?
The MIB requires that a number of things are done before you lodge a claim with them. These are:
1 – Report the accident to the Police
Any road traffic accident involving personal injury should be reported to the police anyway, especially if the other person drives off, but the MIB have this as a requirement before you are able to make a claim. This may seem unnecessary especially if you don’t appear to have an injury at the time or damage is minimal; however this can help a lot, as the police can produce a report which would be useful to your claim and may even be able to trace the driver (enabling you to claim against their insurance).
2 – Attempt to trace the driver
This isn’t something you have to do yourself and can easily be done by reporting the accident to your insurance company (if you are driving a vehicle that has been hit) or the police. The insurance company or police may be able to track down the driver and obtain their insurance details. If they cannot then you can turn to the MIB.
3 – Seek medical attention if inured
Signs of an injury might not begin to show straight away after an accident which is why it is always advisable to seek medical attention as soon you can.
If you have followed the steps above then you need to complete a claim form to be sent to the MIB. Include anything that is relevant such as the accident circumstances, your injuries, vehicle damage and any losses and expenses that you have as a result of the accident, etc.
Then what?
The MIB can investigate the claim and if they determine that you are not at fault and you have been injured by the accident they can award you compensation equal to what you would likely have been awarded had the case proceeded to trial against an insured driver. It’s that simple!
Can you go it alone?
If you wanted to make a claim on your own without legal representation then you are entirely entitled to do so. The MIB are under obligation to obtain police reports, gather medical evidence, and investigate the claims to determine if compensation should be paid. So yes, everyone is entirely able to make a claim on their own.
However it is always advisable to have legal representation when making a claim. Our team will be able to advise you on the process, chase up the MIB on your behalf, and explain any MIB correspondence to you in terms you can easily understand. The MIB may also want to take a statement from yourself and it is good practice to have your lawyer vet this first. If the MIB decides not to award you compensation and we do not believe this is right, we will be able to work with you through the appeals process. So whilst making a claim with the MIB seems an easy process having legal representation is extremely useful and brings about the peace of mind of knowing that you have specialist lawyers looking after you.
It is also essential for making sure that you settle the case for the right sum of compensation as well.
If you have been involved in a road traffic accident with an uninsured or untraced driver and need help and advice call our specialist claims team 0800 634 7575.
Need one of our expert claims team to call you back about an injury? Then please enter your name, telephone number, accident type and when you would like us to contact you in the form below.
