Posted On / 02.05.2021

Claiming against an uninsured or untraced driver

Other driver uninsured or driven off but left you injured? You may still have a claim.

It’s the road user’s worst nightmare – you’re involved in an accident that isn’t your fault, only to find that the other driver isn’t insured or, worse, has driven off without providing their details.   

This doesn’t however need to be the problem it may initially appear to be as it is in these circumstances that the Motor Insurer’s Bureau (‘MIB’) may step in.

The MIB is a non-profit-making company set up by motor insurers.   It enters into agreements with the UK Government in order to compensate victims of motor accidents in such circumstances.   It is funded by contributions from every insurer that underwrites compulsory motor insurance; with The Road Traffic Act 1988 requiring these insurers be a member of the MIB and contribute to the funding.

The MIB also works with the police to identify uninsured drivers for prosecution, thereby working towards all our safety on the road, that being all victims of road traffic accidents who are not at fault, including pedestrians and cyclists.   

Eligibility - If your claim is eligible and you follow the correct process (outlined below), compensation can be available for pain, suffering and loss of amenity caused by injuries sustained, financial losses suffered (for example a loss of earnings) and for the loss of or damage to any property involved in the accident, including a vehicle.

One of the most important things to remember with relation to eligibility is that a claim must be brought for personal injury, assuming that in most cases like this some sort of injury will have been caused, within 3 years of the date of accident. After this time it becomes “statute barred” and you will not be able to bring the claim.

Process - In order to make a claim to the MIB, important steps need to be taken early on and without delay.

Firstly, if you are driving, always report the accident to the police.  If another vehicle is involved and they do not provide their insurance details, this must be reported to the police within 24 hours. It is advisable to report the matter to the police within 24 hours in any event.  You should also inform your own insurance company.

If you were not driving a vehicle, but were a pedestrian or cyclist, you should report the accident to the police immediately; any delay in these respects could affect your eligibility to make a claim.

Once eligibility has been established, a Claim Form can then be submitted to the MIB, setting out full details of the damage and injury suffered.  It is important that this document is complete and accurate in order to ensure that the MIB gives your claim the careful consideration it deserves.   Again, there are deadlines so it is important to act quickly.

The process will be different depending on whether the claim is against an uninsured driver or an untraced driver (i.e. a driver who has “hit and run”)- it is important that you follow the right process and understand how it all works so as to give yourself the best possible chance of having your claim accepted, accessing appropriate treatment or rehabilitation that might assist in your recovery and, ultimately, ending up with a fair sum of compensation for the experience that you have had to go through.  

Battens personal injury team are able to assist you with the process, leaving you to just concentrate on getting better. For more information contact Erin Darling-Finan on 01935 846096 or email erin.darling-finan@battens.co.uk 

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