MIB injury claims against uninsured drivers

The Motor Insurers' Bureau or MIB was set up in 1946 to provide compensation for victims of road traffic accidents (RTAs) caused by uninsured and untraced (hit and run) drivers. MIB’s responsibility to handle claims and make compensation payments comes from The Uninsured Drivers' Agreements and The Untraced Drivers' Agreements, made with the government. MIB can only pay compensation in circumstances where compulsory motor insurance should have been in place, such as where someone’s death or injury was caused by the use of a motor vehicle on a road or a public place.

Following injury in a road traffic accident, MIB can provide injury compensation for:

• victims of uninsured drivers;
• victims of untraced drivers (hit and run accidents);
• UK residents involved in accidents with foreign-registered vehicles, in the UK or in some foreign countries.

Every company which underwrites motor insurance must be an MIB member. A proportion of every insured driver’s insurance premium goes towards funding the MIB. Since the MIB was created, it has paid out over £2 billion in claims to people who were entitled to compensation but could not claim in the usual way from the negligent driver’s insurer.

We claim compensation from the MIB for clients who have been seriously injured in road accidents which were the fault of another driver who was uninsured or cannot be traced.

MIB claims can relate to injuries caused by untraced or uninsured drivers in:

• car accidents;
• collisions with cyclists;
• motorcycle or moped accidents;
• e-scooter accidents;
• van, minibus, taxi or HGV accidents;
• collisions with pedestrians.

Compensation can be claimed by:

• injured drivers;
• injured riders;
• injured cyclists
• injured passengers;
• injured pedestrians;
• the deceased’s dependent family members (in fatal accidents).

To speak to a solicitor for advice about your road accident injury claim, contact our specialist personal injury team.

Yes. Under the MIB’s Uninsured Drivers’ Agreements with the government, the MIB provides insurance cover in situations where an identified but uninsured driver has caused an accident and injury to another motorist or pedestrian.

As long as the injured person who is making the claim has complied with the MIB’s rules, they are entitled to receive the same level of compensation that they would receive in a civil claim.

We strongly recommend that anyone who has suffered serious injury in a road accident caused by an uninsured driver contacts us immediately. Swift action and specialist legal representation will significantly increase your prospects of success and the amount of compensation that you receive.

Yes. The MIB’s Untraced Drivers’ Agreements with the government allow the MIB to pay compensation in situations where a driver who cannot be identified has caused a road accident and injury to another motorist or pedestrian.

Road traffic accidents covered by the Untraced Drivers’ Agreements include:

• where injury was caused by a ‘hit and run’ accident;
• where someone was injured by their vehicle being run off the road;
• where the driver who caused the accident leaves the scene;

AND

• where the driver or their vehicle cannot be traced or identified by other means, such as the vehicle’s registration plate, witness or other evidence, police investigations or other enquiries.

As long as the injured person making the claim has complied with the MIB’s rules, they are entitled to receive an award from the MIB, equivalent to the compensation they would receive in a civil claim.

We strongly recommend that anyone who has been seriously injured in an RTA caused by a hit-and-run or untraceable driver contacts us immediately. Swift action and specialist legal representation will significantly increase your prospects of success and the amount of compensation you receive.

Our experienced personal injury lawyers are here to help injured RTA victims and their families at this difficult time. We can advise you about your rights and what to expect, help you meet your obligations, and register your claim, gather important evidence and negotiate with the MIB on your behalf. Strict rules and time limits apply for MIB claims arising from accidents and injuries caused by uninsured or untraced drivers, so we strongly recommend you contact us straight away.

MIB may reject your claim if you fail to comply with the following obligations:

• You must report the accident to the police as soon as possible. We recommend you do this immediately as in some cases, accidents must be reported to the police within five days. You must obtain an incident reference number from the police, and a written acknowledgement that you have reported the accident. Without this, MIB may refuse to handle your claim.
• You must cooperate with police enquiries or investigations. The police need to be able to act quickly to investigate the accident, trace the vehicle and identify or prosecute the driver. The MIB will need to be satisfied that every attempt has been made to identify and trace an ‘untraced’ driver.
• You must notify your own motor insurers (unless you were a pedestrian) and the insurers of any other vehicles involved in the accident. Your own insurer may be able to trace the other driver or their insurer.
• You must make your MIB claim within 3 years, otherwise you will lose your right to claim.
• You must give MIB with as much help or evidence as needed to investigate your claim.

MIB will not accept claims where:

• the injured claimant was wholly responsible for their own injury;
• the injured claimant was in an uninsured vehicle at the time of the accident;
• the accident occurred whilst the injured claimant was allowing themselves to be driven in a vehicle which they knew:
  • was uninsured;
  • had been stolen or taken unlawfully;
  • was being used to commit a crime or escape from the police.

The MIB will not pay compensation to an injured person who has already received compensation for the same injury from elsewhere.

Each client’s compensation depends on the severity of their injury, its impact on their life and the cost of meeting their needs arising from their disability. Other factors, such as the client’s own circumstances and whether they were partly to blame for their accident or injury, can also affect the value of the claim.

MIB claims for severe injury can include compensation for:

• pain, suffering, and disability;
• costs of rehabilitation;
• costs of care and case management;
• medical expenses and costs of therapies;
• specialist vehicles, equipment and assistive technology;
• prosthetics (after amputation);
• increased costs of accommodation or home adaptations;
• financial loss, such as earnings and pension;
• SEN support with special educational needs (if a child);
• Court of Protection and deputyship costs.