Dave Berry | Partner

What to do if You are Hit by an Uninsured or Untraced Driver

Have you been involved in an accident with an uninsured or untraced driver? If so you may be entitled to make a compensation claim through the Motor Insurers’ Bureau (MIB). The Motor Insurance Bureau is the mechanism in the UK through which compensation is provided for victims of accidents caused by uninsured and untraced drivers.

If you are hit by an uninsured or untraced driver there is no insurance company to provide compensation for damage to your vehicle or personal injury. However, this does not mean that you are unable to recover your losses. Jackson Boyd Lawyers can help you claim against the MIB, who will, where appropriate compensate you for your personal injury and damages.

What is the MIB?

Its role was and is to enter into agreements with the Government as to how compensation claims from people who have been involved in accidents which were caused by uninsured or untraced drivers may be compensated. 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?

The Motor Insurers’ Bureau will pay for bodily injury suffered by victims of negligent uninsured or untraced drivers and there is no limit to the level of compensation.

The MIB will also pay for property damage as a result of negligent uninsured or untraced drivers.  If the damage is a result of an untraced driver then the MIB will not pay the first £300.00 and will treat this as an excess.  If the damage is a result of an uninsured driver then the £300.00 excess does not apply.

 MIB Covers all types of road accidents including:

  • Car Accidents
  • Cycle Accidents with another Road vehicle
  • Motorcycle Accidents
  • Van Accidents
  • Pedestrian involved in a Road Traffic Accident
  • HGV Vehicles
  • All drivers and Passengers can also claim compensation

Normally, compensation will be paid within 3 months. The compensation paid by the MIB includes everything a claim against a motor insurance company would normally cover. This includes payments for vehicle damage as well as the pain and suffering caused by your injuries. You have the opportunity to claim for loss of income and other costs.

How to make a claim under the Uninsured Driver’s Agreement

The onus is on the victim to make as many enquiries as possible to work out who the registered keeper is of the vehicle etc.  A claim may still be pursued if the vehicle is insured but not the driver.  The police and DVLA will be helpful in this regard. The police must be notified as soon as possible so that they are able to follow up any potential leads.  If applicable, the insurers of all the relevant parties must be notified also.  Insurers have access to the Motor Insurance Database which will confirm if the driver at fault is insured or not.

How to make a claim under the Untraced Drivers’ Agreement

This will apply when the motorist has failed to stop after an accident or cannot be identified.  Again, the police must be notified straight away so that they can make their enquiries. Applications under this agreement can only be considered if they are received within three years from the date of the accident for personal injury or nine months in respect of property damage claims.

Making a Claim to MIB

Compensation is only payable where some fault can be established on the part of the driver that you consider responsible. If the evidence confirms you were partly or wholly responsible, the compensation payment will be reduced or not paid at all. The MIB will carry out its own investigations to establish the facts and assess any compensation that might be due. To put in a claim a form may be downloaded from the MIB website and sent via the online portal or by post.

How can Jackson Boyd help?

To ensure you receive the maximum amount of compensation you are entitled to we can assist you with making a claim against MIB.  Our experienced lawyers will make enquires on your behalf to see if we can identify the driver or vehicle involved and gather all the necessary information required to ensure the claims process runs as smoothly as possible.

If you have been involved in an accident with an uninsured or unknown driver then please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Dave Berry

Dave Berry

Personal Injury Team

“It may be something of a cliché but I enjoy helping my clients and guiding them through what can often be the daunting prospect of being involved in a personal injury court action, whilst also ensuring I obtain the best possible result for them.”

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