Even where you have been injured as a direct result of an accident by a driver who is either not insured and/or who drives away and remains untraced it is still possible to make a claim for compensation for any injuries sustained in such an accident.
The role of the Motor Insurers Bureau (MIB) is to provide a safety net for innocent victims of identified, uninsured drivers. The MIB operates as if they were an insurer for the identified but uninsured driver. Where the MIB settles a claim, it will attempt to recover its outlay from an identified driver.
The injured person (the claimant) should take reasonable steps to establish whether there is in fact any insurance covering the use of the vehicle which caused the injury or damage.
Immediately after the accident, the claimant should exchange names, addresses, insurance details and registration numbers with the other party. The claimant may also be obliged to notify their own insurers and the police. We, at RJT Solicitors would then, on your behalf, submit a search of the Motor Insurance database to confirm whether there is any insurance covering the use of the vehicle in question. If there is, then a claim would be submitted against that insurance company, if not, the claim would be submitted to the MIB. If the claimant is claiming for vehicle damage and has comprehensive insurance, a claim must be made on that policy as the MIB will not be able to pay for this damage under their Agreement.
The MIB will consider meeting a claim for death, personal injury and/or property damage which arises from the use of a motor vehicle on a road or other public place.
In order to make a claim to the MIB, a completed form must be submitted. Such a claim should be submitted at the earliest practicable stage in the claim, once it appears that the offending driver may be uninsured, and in any event, within 3 years from the date of the accident.
Compensation is only payable where some fault can be established on the part of the driver that you consider responsible. If the evidence confirms that you were partly or wholly responsible, the compensation payment will be reduced or not paid at all.
This covers situations where the driver responsible for the accident cannot be identified usually because they failed to stop at the scene.
In order for the MIB to consider a claim under their Untraced Driver’s Agreement, the accident must be reported to the police within 5 days of the accident if you are claiming damage to property or within 14 days of the accident if you are claiming compensation for personal injuries.
You must still make enquiries to see if you are able to identify the driver responsible for the accident and report the accident to your own insurers.
To be considered eligible to make a claim for property damage you must be able to identify the vehicle that caused the accident unless ‘significant personal injury’ has been sustained by somebody as a result of the accident. ‘Significant personal injury’ is defined on this occasion as somebody having died as a result of the injuries sustained in the accident or have suffered injuries of a severity requiring either a stay of 2 or more nights of in-patient treatment in hospital or 3 or more attendances at hospital for outpatient treatment. Even if significant personal injury has occurred the MIB deduct an excess of £400 from any claim for property damage.
Once a claim form has been submitted to the MIB, they will carry out their own investigations to establish the facts and to assess any compensation that may be due. You must provide the MIB will all reasonable information and co-operate with the throughout the process.
If you, or someone you know has been involved in an accident that was not your fault in the last 3 years, give RJT Solicitors a call for a free, friendly consultation.
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RJT solicitors is a Wigan based law firm headed up by Director Rachel Jane Taylor.
- Fully qualified with over 20 years specialist legal experience
- Regulated by the Solicitors Regulation Authority
- Your own dedicated solicitor from start to finish
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