Not only do Motor Insurance Bureau deal with claims were ‘at fault’ drivers are uninsured, they also compensate victims involved in accidents where the other driver is untraced, say for example, because they have fled from the accident.
The untraced driver’s agreements 1996 applies to any case were death or bodily injury to any person has been caused by someone using a motor vehicle on a road in Great Britain.
There are certain conditions to the agreement, such as:
- The untraced party must have caused the death/bodily injury.
- Under the road traffic Act 1988, the liability of the untraced driver must be one which should be covered by insurance. This means that the untraced driver was using the vehicle in circumstances where the driver was required to be insured.
- The application for a claim against the MIB must be made within 3 years of the accident.
- An important one to remember is that you must report the accident to the police within 14 days of the accident or as soon as you reasonably can.
What happens next?
Once you have submitted your claim to the MIB, they will then investigate the accident and make a decision on the merits of your claim.
If the MIB reject your claim for whatever reason, they must provide full details for their reasoning in a ‘statement of reasons‘.
If your claim is accepted, the MIB should consider your compensation in the same way the court would, and if you agree with the figure, this should be paid to you within 6 weeks from the date you notify them of your acceptance.
Unfortunately, under the agreement, you are not entitled to claim interest.
Accelerated procedure
This means that after the preliminary investigations, the MIB can decide to make offers in settlement of the claim. If you decide to accept the offer made, the MIB will be discharged from all further liability and there will be no obligation for them to maker any further investigations or obtain any reports.
Appealing a decision
You cannot actually appeal by issuing court proceedings against the MIB or appealing to the court.
You must lodge your appeal with the MIB within 6 weeks of the MIB’s initial decision. They will then have to make further investigations and an arbitrator will be appointed. The arbitrator can then, if necessary, request the MIB to make further investigations and will then make a decision as to whether the award should be increased. – You will then be bound by this decision.
