If you are involved in a road traffic accident where the other driver is at fault but cannot be identified (i.e., an untraced driver), it can feel frustrating and stressful, especially if you are left without compensation for injuries, vehicle damage, or other losses. However, in the UK, the Motor Insurers’ Bureau (MIB) exists to help victims in this situation by providing compensation for those affected by accidents involving uninsured or untraced drivers.
Here’s a comprehensive guide on how to make a claim to the MIB when dealing with an untraced driver:
What is the MIB?
The Motor Insurers’ Bureau is a non-profit organization that compensates individuals who have been involved in road traffic accidents caused by an uninsured or untraced driver. This ensures that victims of such accidents are not left without recourse, as the MIB steps in to pay compensation where the responsible party is either unknown or does not have valid insurance.
Untraced Driver Claims: What Does It Mean?
An untraced driver claim refers to situations where a person is involved in an accident caused by another driver who either flees the scene or whose details cannot be traced. This may occur in various situations, such as:
- Hit-and-run accidents where the at-fault driver leaves the scene.
- Collisions where the at-fault driver fails to provide any details, and their identity remains unknown.
- Accidents caused by an identifiable vehicle, but the driver cannot be traced.
In such cases, if you are unable to identify or locate the at-fault driver, you can still claim compensation from the MIB through their Untraced Driver Agreement.
Who Can Make a Claim?
Anyone who has been injured or suffered damage in an accident caused by an untraced driver can make a claim to the MIB. The claim can be made by:
- The driver of the vehicle.
- Passengers in the vehicle at the time of the accident.
- Pedestrians or cyclists who were injured by the untraced driver.
How to Make a Claim to the MIB
If you find yourself in a situation involving an untraced driver, here’s the process to follow to make a claim:
1. Report the Accident to the Police
The first step is to ensure that the accident is reported to the police. For an untraced driver claim, it’s essential that the incident is recorded in the police system. In most cases, the police will file a report, and you’ll be given a Crime Reference Number. You will need to provide this when making a claim to the MIB.
The police will investigate the matter, and if the untraced driver is eventually identified, they may assist in tracking them down. However, even if the driver is not found, reporting the incident is crucial for making a claim to the MIB.
2. Contact a Solicitor
It is possible of you to make a claim to the Motor Insurers’ Bureau without using the services of a solicitor, it is advisable to instruct a solicitor as they can help ensure that the application is correctly submitted and that the correct medical evidence from the right experts is obtained and that you receive the maximum amount of compensation you are entitled to
3. Ensure All Evidence is Collected
To support your claim, you must gather as much evidence as possible, including:
- Photos of the accident scene and any damage to your vehicle.
- Details of any witnesses.
- A copy of the police report and Crime Reference Number.
- Medical records documenting any injuries sustained.
- Vehicle repair estimates or invoices if your vehicle was damaged.
The more evidence you can provide, the stronger your claim will be. Your solicitor will help you in obtaining the evidence that you need
4. Submit the Claim
Once you have all the necessary initial information, t
- Your personal details (name, address, and contact information).
- The police Crime Reference Number.
- Details of the accident, including the location, time, and circumstances.
- Any evidence you have gathered, such as witness statements or photographs.
- Details of any injuries or damage sustained.
5. Complete and submit the Claim Form
This can be submitted by you or by your appointed solicitor.
6. Investigation and Assessment
Once your claim is submitted, the MIB will conduct an investigation. They will attempt to confirm the details of the accident, verify that the other driver cannot be traced, and assess the extent of the damage or injuries you have suffered. This may include:
- Reviewing police reports and witness statements.
- Verifying the accident details.
- Assessing medical reports and vehicle repair costs.
If the MIB confirms that the accident meets the criteria for an untraced driver claim, they will move forward with processing the claim.
7. Receiving Compensation
After the investigation is complete and the MIB accepts your claim, you will be offered compensation. The amount you receive will depend on several factors, including:
- The severity of your injuries.
- The extent of vehicle damage.
- Loss of earnings if you are unable to work.
- Any other financial losses related to the accident.
The MIB will pay compensation according to the same guidelines as insurance companies, and you may also be entitled to legal costs if applicable.
While it is possible to handle the claims process on your own, seeking legal advice from a solicitor who specialises in personal injury or road traffic accidents is often beneficial. A solicitor can help ensure that your claim is properly submitted, and they can negotiate on your behalf to secure the maximum possible compensation.
Time Limits for Making a Claim
There are time limits within which you must make a claim to the MIB. In general:
- Claims for injuries must be made within 3 years of the accident.
- Claims for vehicle damage should be made within 6 years from the date of the accident.
However, if the victim is a child or suffers from mental incapacity, the time limits may be extended.
Legal Help and Advice
As mentioned above, while it is possible to handle the claims process on your own, seeking legal advice from a solicitor who specialise in personal injury or road traffic accidents is often beneficial. A solicitor can help ensure that your claim is properly submitted, and they can negotiate on your behalf to secure the maximum possible compensation.
Our team so specialist Personal Injury solicitors at Oliver & Co solicitors would be happy to discuss with you any possible claims. Please call us on 01244 312306 or 0800 025 00 00
What Next?
While being involved in a hit-and-run or accident with an untraced driver can be frustrating, the MIB provides a vital safety net for those in need of compensation. By following the correct procedure—reporting the incident, gathering evidence, and contacting the MIB—you can make a claim and you may receive the compensation you’re entitled to. Remember, seeking professional legal help can also make the process smoother and more effective in securing the compensation you deserve.
Our team so specialist Personal Injury solicitors have helped many clients who have been the injured by an untraced driver successfully claim compensation.
Only recently we assisted a man from Wales who was struck by his own car that was being moved by a worker in a hand car wash and he sustained serious injuries to his arm. The worker responsible gave false information to the police about his identity and he could not be traced. A claim was submitted to the MIB who settled the claim for £100,000.
If you would like to discuss a possible claim arising from an injury caused by an untraced driver then please contact one of our specialist solicitors at Oliver & Co solicitors who would be happy to speak with you on 01244 312306 or 0800 025 00 00
