Motor Insurers Bureau claims process explained

Hit and Run accidents - Uninsured Driver accidents

Here we explain more about the claims process and inform you about how Winston Solicitors can help you win compensation you deserve.

We are a firm of solicitors specialising in compensation claims and are regulated by the Solicitors Regulation Authority.

If you have been unlucky enough to encounter an uninsured driver in an accident situation you may, quite rightly, worry about the prospect of obtaining compensation from them.

If no insurance company exists, it follows that no compensation can be obtained.

In addition to those drivers that have no insurance there is a further risk to law abiding road users.

There are more than 350,000 "hit and run" accidents in the UK every year. Most fortunately do not involve personal injury but almost every case will leave the victim with serious doubts about how they will recover compensation for loss, injury or damage.

We are happy to say that there is a legal solution

The Motor Insurers' Bureau (MIB) are a non-profit making company set up by motor insurers and their aim is to compensate victims of uninsured and untraced drivers. In addition they are responsible for operating what is known as the Green Card System in the UK, which compensates UK citizens who are the victims of accidents involving foreign registered vehicles either in the UK or abroad.

Winston Solicitors specialise in MIB claims and we have many years of experience in handling these complex cases to our client's complete satisfaction. Below we have set out some of the key facts of the types of claim that the MIB will consider and with which we can offer assistance.

MIB Fast Track Understanding

UNINSURED ACCIDENT CLAIMS

Claims will be considered for the cost of repairing/replacing your vehicle (only if it is not insured comprehensively), hire charges, loss of use and property damage. Any such claim would usually be subject to a £300 excess. Treatment and/or rehabilitation for personal injury. Compensation for personal injuries suffered, death, or losses arising from personal injury or death (such as lost earnings). Legal costs are paid in full by the MIB for this type of accident claim.

There are certain conditions:

You must make your claim for injury within 3 years of the accident date.

You must make your claim for injury within 3 years of the accident date or for property damage only claims within 6 years.

You must keep any losses to a minimum.

You are advised to report the incident to the police within 14 days for personal injury or within 5 days for vehicle/property damage.

Hit and Run accidents

Claims will be considered for the cost of repairing/replacing your vehicle (only if is not insured comprehensively), hire charges, loss of use and property damage. Any such claim would usually be subject to a £300 excess. This section is not payable however if the offending vehicle has not been identified. Treatment and/or rehabilitation for personal injury. Compensation for personal injuries suffered, death, or losses arising from personal injury or death (such as lost earnings). A contribution towards legal costs, usually limited to only £500 + vat.

Conditions

You must make your claim for injury within 3 years of the accident date.

You must make your claim for vehicle/property damage within 9 months of the accident date.

You must keep any losses to a minimum.

You must report the incident to the police within 14 days for personal injury or within 5 days for vehicle/property damage.

The MIB have restricted legal costs for hit and run cases simply because there is no prospect of taking a non-existent third party to court and this reduces the scope for legal fees to be recovered.

* * As the MIB only make a small contribution towards legal costs our clients are asked to enter into an agreement with us at the start of the claim. If your "hit and run" claim is successful you will receive 75% of the compensation awarded to you by the MIB under the Untraced Driver Scheme for the first £5,000.00 awarded, and you will receive 90% of all compensation awarded to you by the MIB above £5,000.00.

In fixing the amount we charge you we take account of the contribution we will receive from the MIB, if successful. We also take account of the fact that if the claim is unsuccessful we will not be paid anything at all.

Please also remember that if the MIB reject any claim, there will be no charge for costs, as Winston Solicitors deal with all such cases on a No Win No Fee basis.

Diesel spillage claims

This is a little known area with which the MIB can assist under the untraced driver scheme. Accidents involving vehicles skidding out of control on diesel spillages are more common than people realise. The criteria are the same as above but there are some additional conditions, which need to be met.

You must report the matter to the police within 14 days for personal injury or within 5 days for vehicle/property damage.

You must report the matter to the Local Authority as soon as is practical.

You must take photographs if at all possible.

The MIB agreement requires that the spillage should be of such a size that the Local Authority would be required to take some cleansing action. As a fund of last resort, the MIB would be required to rule out that the spillage came from something other than a vehicle.

MOTORING LEGAL NEWS:

MOJ publish details of the new RTA claims process for claims between £1,000-£10,000 to commence April 2010 - 8th October 2009

Speed limits may be reduced to 20mph in high risk areas - 23rd April 2009