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Accidents with drivers who have no insurance - UK MIB Uninsured Driver Scheme claims
Road accident with an Uninsured driver
This legal advice website is managed by Winston Solicitors LLP a No win No fee law firm regulated by the Solicitors Regulation Authority.
We specialise in claim involving uninsured or untraced motorists across the UK.
More information about drivers who have no insurance
Wherever you live in the UK there is a real prospect of being involved in an accident with a driver who has no insurance. Certain areas in the UK are more prone to this problem and there are various uninsured driver hotspots to be aware of.
Many people believe that if a car is uninsured then you have no claim against the driver. Fortunately this is not the case in the UK.
There is still a way you can obtain rightful compensation but the process can be more complicated than claiming directly from an insurer. The Motor Insurers Bureau (or MIB) is an industry led organisation set up to compensate victims of accidents involving uninsured or untraced motorists.
The initial objective for the MIB was to compensate innocent parties for personal injury. Now they also deal with property damage claims (vehicle damage etc).
To check if a vehicle has insurance, visit this website: http://www.askmid.com/
Contact our uninsured motorist claims specialists today on 0800 0322210 for advice.
The number of people caught driving without insurance has increased by almost a fifth in the last three years. This means that there are around 1.7 million uninsured drivers on our roads today (1 in 12 of all road users) which adds around £40 to the average annual motor insurance premium. The odds on you having an accident with an uninsured motorist is therefore far higher than you might expect. New police powers allow for vehicles to be impounded if they are proven to have no insurance cover, but progress is slow and the numbers of uninsured vehicles on our roads continue to increase.
Find out how you can make a whiplash injury claim when faced with an uninsured responsible driver.
So what happens when you are involved in such an accident and what should you do to protect your interests?
If you find yourself in a situation where the responsible driver involved in a collision with your vehicle is uninsured:
What you should do after a road accident with an uninsured driver
- You may or may not have been able to record the registration number of the responsible party's vehicle. Try to record details of any witnesses who could be crucial to your claim.
- Report the case to the police if they are not already aware of the accident. This is of great importance to the MIB when the claim reaches them.
- Ensure that you receive medical attention if you have suffered injuries in the accident.
- If possible - take photos of the accident scene (or ask a friend to do so) to assist with any liability dispute.
- Obtain a repair estimate on your vehicle. An engineer will probably inspect the damage at some point during the claim but an estimate provides a useful guide for repair costs. Please note: The MIB will only deal with repair costs if the other vehicle is identified or tracked.
- Consider instructing a specialist MIB claims lawyer.
MIB Update:
MIB explained - more information about handling hit and run or uninsured claims
Child victims of hit and run drivers now have until their 21st birthday to bring a claim. This brings them in line with the standard civil procedure set out in the Limitation Act 1980. The case of Byrne v (1) MIB & (2) Secretary of State for Transport [2008] refers.
The MIB operate two "schemes" known as the Uninsured Drivers Agreement(which concerns accidents with drivers who have no valid insurance) and the Untraced Drivers Agreement (which deals with hit and run cases). Because these claims can be complicated it is important that an MIB specialist solicitor deals with your case to ensure that you get the compensation you deserve.
There are certain rules to comply with that differ from normal claims involving insurers and it is vital that your personal injury claim lawyers are well versed in dealing with the MIB schemes. We have a panel of MIB specialists who can help you with any claim involving "Hit and Run" driver road accidents or those involving people with no insurance.
Also read our "what you must do if you are involved in a car accident" page
Anyone suffering an injury in such an accident can and should make a claim for compensation. The MIB will deal with your case but it is strongly recommended that you instruct a specialist solicitor to help you with the claim. Contact our accident claim helpline today and let us provide you with the advice that you need.
Car accident with an uninsured driver - case study
Our claimant in this particular case was involved in a road accident when the driver of a third party vehicle struck his own vehicle forcibly in the rear.
The damage to both vehicles was extensive and the claimants vehicle was eventually written off. He also suffered severe whiplash injuries and had to take time off work as a self employed builder. To make matters worse for the claimant, he soon found out that the negligent third party, despite being friendly and helpful following the accident, did not in fact have any motor insurance covering him to drive his vehicle.
It had just been purchased and he had not got round to obtaining his policy. He was driving illegally. This left the claimant in difficulties regarding his claim for losses that were not insured such as his excess and lost earnings. Not to mention his whiplash related pain and suffering.
The claimant phoned The Claims Connection and we were able to provide him with some good news regarding his situation. In the UK we are fortunate to have a formal body called the "Motor Insurers Bureau" (MIB) set up to handle claims from victims of either untraced or uninsured drivers. The MIB was formed in 1946 and runs a number of schemes or "agreements" that have been formally ratified by Government. The basic role of the MIB is to provide rightful compensation to those people who suffer loss or harm following an accident with hit and run drivers or drivers that do not have any motor insurance.
They also have a scheme covering accidents abroad. We have a legal team that specialise in MIB road accident compensation claims and so were were able to make substantial progress for the claimant by recouping the uninsured losses and arranging for a medical examination to assess his whiplash injury.
The doctor completed his assessment and sent a report to both sides. In the same way that you agree on the medical findings with insurers in normal cases, you similarly agree the claim details with the MIB who then provide you with an offer of settlement. The offers are generally on a par with the figures you might expect when negotiating with insurers. This case was finally settled for £3000 including all uninsured losses and the claimant went on to make a full recovery. All legal costs were paid by the MIB.
Summary - The MIB is a much needed outlet for innocent accident victims. Negotiating claims with them can be tough and the complexities involved with the various agreement rules must be properly understood and adhered to. It is strongly recommended that you only use only experienced MIB solicitors to handle claims of this nature. NOTE - the MIB Untraced Drivers agreement (relating to hit & run accidents) involves different rules and has a limitation on legal fees. We charge 25% inc of vat for all Untraced (Hit & Run) claims. Please be aware of its distinction from the Uninsured Drivers agreement discussed here.
The worst areas for this kind of offence (according to the British Insurance Brokers Association are east London, Manchester, Liverpool and Birmingham.
Read the official Road Accident statistics 2006/2007
More links - road traffic accident - cycle accident - motorcycle rider accidents -road safety research - brake road safety - rospa - road safety uk - car accident injuries - Cyclist Kills Pedestrian on pavement
Dont be the victim twice over - if you have been involved in an accident where the responsible driver has no insurance you can still claim what is rightfully yours.
Call our free legal careline now on 0800 0322210;open 8am-8pm
The Claims Connection unisured driver road accident page - UK Accident claim and personal injury compensation specialists.
