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Claims against the Motor Insurers’ Bureau (MIB) for injury caused by uninsured or untraced (hit and run) drivers

Compensation payments for serious injury arising from road traffic accidents (RTAs) caused by negligent drivers are usually paid by the negligent driver’s insurer. These claims can be substantial, so to ensure that drivers who cause injury have the financial means to pay compensation to their victims, the law says that drivers of cars, motorbikes, and other motor vehicles must have ( at least ‘third party’) insurance.

After an RTA, it is standard practise for drivers to stop and exchange insurance details. A driver who is not insured or fails to stop and provide their details after causing an accident (often known as hit and run) is breaking the law. In those circumstances, where there is no defendant insurer, the Motor Insurers’ Bureau (MIB) provides the means for the injured person to recover compensation.

Strict time limits, reporting requirements and other rules apply to claims against the MIB.

Individuals can make a claim directly to the MIB but risk their claim being refused or their settlement being significantly undervalued, particularly in more complex claims or where the injuries are severe.

We strongly advise anyone who has suffered serious injury in an accident caused by a hit and run or uninsured driver to contact our experienced, personal injury claims specialists immediately for urgent advice. We will carry out the necessary steps to investigate, notify, gather additional evidence and negotiate your claim with the MIB on your behalf to ensure you receive the level of compensation you deserve.

Making your MIB claim through our specialist lawyers can significantly increase your prospects of success and the compensation you receive.

What is the Motor Insurers' Bureau (MIB)?

The Motor Insurers' Bureau 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, including where death, injury (and in some cases property damage) was caused by the use of a motor vehicle on a road or a public place.

Following injury in a road traffic accident, MIB helps:

  • 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.

Recent cases include:

£250,000 compensation in a fatal claim against the MIB for the widow of a pedestrian who was killed by an untraced, hit-and-run driver.

Our client’s husband was knocked down by a car as he crossed the road one evening after he had been drinking with friends. Evidence suggested that the pedestrian crossing lights were red (against him) when he crossed. He suffered head injuries and died. The car didn’t stop and the driver was never traced. The compensation that our client received took into account a reduction of 40% for the deceased’s own contributory negligence.

Can I claim compensation for injuries from a road accident caused by an uninsured driver?

Yes. The MIB’s Uninsured Drivers’ Agreements with the government means that 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 rules [see below], 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.

Can I claim compensation for injuries from a road accident caused by an untraced (hit and run) driver?

Yes. The MIB’s Untraced Drivers’ Agreements with the government allows the MIB to pay compensation in situations where a driver who cannot be identified has caused an 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 rules [see below], 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.

What are my obligations when making an MIB claim?

Strict rules and time limits apply

We understand the many challenges faced by a seriously insured person and their family in the aftermath of an accident. However, if the accident was caused by an uninsured or untraced driver swift action must be taken to ensure you have complied with the MIB’s rules. Failure to do so could mean you lose your right to make a substantial compensation claim.

Our compassionate and experienced injury lawyers are here to help 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. Time limits apply, so we strongly recommend you contact us straight away.

MIB may reject your claim if you do not comply with the following obligations:

  • You must report the accident to the police as soon as possible, but we recommend you do this immediately as in some cases the time limit for reporting to the police can be as short as 5 days. It is essential that you obtain an incident reference number from the police, and a written acknowledgement that you have reported the accident. Without this, the 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, such as to trace the vehicle, 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 that were involved in the accident. Your own insurer may be able to trace the other driver or their insurer.
  • Your MIB personal injury claim must be brought within 3 years, otherwise you will lose your right to make a claim.
  • You must provide MIB with as much help or evidence as it needs to investigate your claim.

MIB will not accept claims caused entirely by the claimant’s own behaviour, including 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;
  • if the injured person was injured whilst allowing themselves to be driven in a vehicle which they knew:
    • had been stolen or taken unlawfully;
    • was uninsured;
    • 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.

    Who can make an MIB compensation claim?

    We help make MIB compensation claims for people who have been seriously injured in road accidents which were the fault of another driver who was uninsured or cannot be traced. For help with RTA injury compensation claims against identified and insured drivers email the team.

    We act for seriously injured clients in MIB claims arising from:

    • car accidents;
    • e-scooter accidents;
    • cyclist collisions with other road vehicles;
    • motorcycle accidents;
    • van, minibus, taxi or HGV accidents;
    • accidents involving pedestrians hit by motor vehicles.

    Compensation can be claimed by:

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

      What compensation can I get for my injuries from an MIB injury claim?

      Each client’s compensation will depend on the nature and severity of their injury, its impact on their lives and cost of meeting their needs arising from any disability. Other factors, such as the client’s individual circumstances and whether they contributed to their own accident or injury, may also be taken into account in the value of the claim.

      Depending on the injured client’s circumstances, their claim may include compensation for:

      • the injury – pain, suffering and disability;
      • costs of rehabilitation;
      • costs of care and support;
      • costs of case management;
      • medical expenses and costs of therapies;
      • transport costs, vehicle repairs, replacement or adaptation;
      • prosthetics (after amputation);
      • specialist equipment and aids;
      • assistive technology;
      • loss of earnings and pension;
      • increased costs of suitable accommodation or necessary adaptations;
      • SEN (special education) costs (if a child);
      • Court of Protection and deputyship costs.
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       Thank you for all your hard work on behalf of myself and my family. You were recommended to us by a close friend back in 2017 and I will certainly recommend you again. You’ve been amazing and very reassuring considering how complicated I made things at times. It’s been one of the hardest times of my life but I was glad I had you on the end of the phone. It’s a surreal feeling now it’s all over but very relieved you got us the best outcome and I can’t thank you enough.

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      Through my dealings with Claire as my representative in a personal injury claim, I have been extremely grateful for her professionalism and attention to detail. 

      I believe going above and beyond to help accommodate my needs and explain everything in a way that I could understand. Working around timing for video calls and zoom meetings with myself and my mum, often on weekends and evenings. We always knew she was just a phone call away to answer any questions we had and if she didn’t have the answer then it would be found out for us. Once the claim was settled, she has still offered her support and provided contacts to do with my injury fund and further surgery I need. 

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      After being involved in a Road Accident I enlisted the services of Boyes Turner to help settle our compensation claim for damages and ongoing injuries that I incurred as a result. I cannot recommend them highly enough. Their ongoing support throughout an extremely stressful ordeal was second to none. I suffered multiple injuries and they organised all my ongoing medical needs both physically and mentally, to help aid my recovery and rehabilitation. They managed my case with the utmost professionalism, concluding it satisfactorily so that I can move forward with my life and recovery. Thank you to Claire and her team for their amazing ongoing support and work with handling my case, in a time of great stress and uncertainty. Thank you so much for all you have done for me and my family.

       

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