Being involved in a road accident is stressful, but it can be even more frustrating if the other driver is uninsured or leaves the scene without exchanging details. Jackson Boyd solicitor, Craig McCann, offers up a handy guide on what to do to ensure you make a successful personal injury claim after an accident, even if something like this happens to you.
Immediately After a Road Traffic Accident
1. Gather Evidence
- Vehicle details – If the other car is still present, note the make, model, colour, and registration number.
- Driver details – If the driver is still present take their name, contact details, and any other identifying information.
- Witness details – Ask for names and contact details of anyone who saw the accident.
- Photos and videos – Take pictures of the accident scene and vehicle damage.
- Dashcam footage – If you or any witnesses have dashcams, this footage can be valuable evidence, ensure it is obtained.
2. Report the accident to the Police
- If the driver is uninsured or has left the scene, it’s essential you report the accident to the police as soon as possible.
- Request a crime reference number, this will be important for your insurance and claims.
Claiming Compensation Through the Motor Insurers’ Bureau (MIB)
The Motor Insurers’ Bureau (MIB) is an independent organisation that handles compensation claims from people who have been involved in accidents caused by uninsured or untraced drivers. Section 95 of the Road Traffic Act 1998 requires every insurer dealing with compulsory motor insurance to belong to the MIB and to contribute to its funding.
What does the MIB pay compensation for?
In short, the MIB handles everything a claim against a motor insurance company would normally cover. This includes payments for vehicle damage as well as any injuries and any pain and suffering caused by them. You can even claim for loss of income and other costs. There’s no limit to the level of compensation and claims are usually paid out to the claimant within 3 months. There are some exceptions, however. For example, if your vehicle has been damaged by an untraced driver, the MIB will deduct the first £300 as an excess, but if the damage was the result of an uninsured driver, this excess doesn’t apply.
Which Types of Road Traffic Accident Claims Does the MIB Cover?
MIB will cover drivers and passengers of all types of road accidents including:
- Car accidents
- Cycle accidents with another road vehicle
- Motorcycle accidents
- Van accidents
- Pedestrians involved in a Road Traffic Accident
- HGV Vehicles
How to Claim with the MIB
Uninsured Driver Claims
It’s important to ensure all possible investigations have been carried out to trace who the registered keeper of the vehicle is and who the driver was. The police and DVLA can help you with this. All relevant parties (including the vehicle insurer) must be notified. Your insurer can search the Motor Insurance Database for you, which will confirm if the driver at fault is insured or not. To go ahead with a claim through the MIB, you’ll need:
- The police report
- As much evidence of the accident as possible (photos, witness statements, etc.)
- Medical records (if applicable for a Personal Injury claim)
- Details of any financial losses
Untraced Driver Claims
If the driver has left the scene and cannot be found, the MIB may still compensate you. However, you must:
- Report the accident to the police within 24 hours
- Provide as much evidence as possible
- Prove your losses, including vehicle damage and personal injury (if applicable)
Making Your MIB Claim
One thing to remember is the MIB will only pay out claims when they can establish the fault of the accident is wholly on the part of the driver you consider responsible. If the evidence shows that you were partly, or even fully at fault for the incident the compensation can be reduced or invalidated. As the MIB is an independent organisation, they will undergo their own investigation to gauge the final compensation figure.
Time Limits for MIB Claims
As with most claims, there is a time limit to claim, so it it’s worth your while making your accident compensation claim sooner than later.
- Personal injury claims must be made within three years of the accident.
- Property damage claims must be made within nine months unless there are exceptional circumstances.
Jackson Boyd – More than Just
At Jackson Boyd, we’re passionate about helping you receive the maximum amount of compensation you are entitled to. Our expert team can help make your claim with the MIB simple and hassle-free. From working to identify uninsured drivers to gathering evidence and processing your claim on your behalf, our experienced solicitors are here to help.
If you have been involved in an accident with an uninsured or unknown driver, fill in our online form, or call us on 0333 060 5597. Need to speak to someone right away? Chat with our Online Assistant 27/7. Simply head to the bottom right-hand side of our website homepage.
