Motor Accident Claims UK



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HELPLINE 0844 332 0308

There is a general misconception amongst law abiding road users that if they are involved in a collision with an uninsured driver causing damage to their personal property or involving them in personal injury that they will be unable to make an solicitors accident claim for compensation however this is not the case. An organisation called the Motor Insurers Bureau (MIB) which is financed by a levy on all motor insurance companies will compensate the victims of untraced or uninsured drivers within certain limits and subject to certain eligibility rules. The MIB was set up by government in 1946 as a private company limited by guarantee and it pays out over £500,000,000 each year to the victims of untraced or uninsured drivers who actually cost legitimate insured drivers about £30 a year representing the cost of the financial levy on each motor insurance company which must contribute to the MIB compensation fund. It is estimated that there are upwards of a million uninsured drivers in the UK with the worst affected areas being Bradford, Manchester and Birmingham.

Uninsured Drivers & Hit and Run

Every week on average there are over 400 people injured, with a fatality every other day, caused by accidents involving untraced or uninsured drivers. The DVLA has now taken to operating mobile cameras on busy roads in order to check the number plate of every passing motor vehicle to establish which are uninsured, prior to issuing a summons backed up by a photograph of the vehicle in use on the road. This does not however solve the problem of vehicles that have changed hands and remain unregistered. If you have been the innocent victim of an untraced or uninsured driver our motor insurers bureau solicitors will be able to assist you to obtain compensation from the MIB. For free advice without obligation, on accident claims and personal injury compensation, just use the helpline, complete the contact form or email our solicitors office.

Professional Negligence

The Motor Insurers Bureau (MIB) is a private company, set up by the government and funded by a statutory levy on all motor insurance companies that pays compensation to the innocent victims of untraced drivers and uninsured drivers. The rules governing Motor Insurers Bureau compensation claims can be complex and failure to comply may result in a potential claimant losing the right to receive compensation. Failure to satisfy the MIB regulations is a frequent source of professional negligence proceedings against inexperienced solicitors. It is important that any solicitor handling a road traffic accident case involving an untraced driver or an uninsured driver is knowledgeable about MIB procedures which are different to a normal personal injury compensation claim.

Uninsured Drivers & Untraced Drivers

There are two separate schemes for Motor Insurers Bureau compensation claims :-

    The Uninsured Driver Agreement enables the victims of uninsured drivers to take legal action for compensation against a negligent uninsured third party driver with the knowledge that if the negligent driver cannot personally pay any court judgement for damages, that the MIB will settle the entire claim together with any legal costs incurred subject to deduction of a nominal excess. The MIB thereafter will attempt to recover any amounts that they have paid out to reimburse the fund. The MIB have been known to chase uninsured drivers for many years in order to get repayment of the amount they have paid out to the innocent victim. In order to make a claim for compensation under the Motor Insurers Bureau 'uninsured driver agreement' it is necessary to obtain judgement in a court of law against the uninsured driver. This involves the issue of a summons, usually in the County Court, alleging negligence and claiming damages against the uninsured driver. The matter continues as a normal Count Court legal action and upon judgement being granted, provided that the MIB rules have been followed, it is usually possible to claim all losses sustained that are referred to in the judgement including legal charges subject to certain statutory deductions from the MIB. The Motor Insurers Bureau must be given 7 days notice prior to the commencement of legal proceedings in a court of law which must include a copy of the summons. There may be other MIB requirements dependent on the facts of the case. In the case of an uninsured driver claim damages awards, our solicitors pay in full with no deductions.

    The Untraced Driver Agreement applies where the third party driver is unknown or unidentified and effectively enables victims to claim compensation for personal injury as a result of a 'hit and run' accident. The important distinction in Motor Insurers Bureau compensation claims for untraced drivers is that the overall compensation paid by the MIB will only include a small contribution towards your solicitors legal charges. In a 'hit and run' case whilst our solicitors will deal with the compensation claim on a no win no fee basis, in the event of a successful outcome there will be a deduction from the compensatory award to cover the balance of outstanding legal charges.

    The procedure for dealing with a hit and run driver is different to the procedure where the driver has been identified. In the case of a hit and run accident it is not possible to issue a summons as the defendant must be specifically named in a summons. The Motor Insurers Bureau untraced driver agreement requires application to be made to the MIB who will consider the facts of the matter and in appropriate cases will award compensation. There are certain prerequisites for an MIB hit and run claim, the most important of which requires that the matter be reported to the police promptly. In the case of an untraced driver claim a deduction is made from the MIB damages award to cover solicitors legal charges on an agreed basis.

If you would like to talk to a lawyer who specialises in personal injury cases without any obligation just use the helpline or complete the contact form or email our offices and an experienced solicitor will speak to you on the phone. Our advocates operate on a no win no fee basis. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.

HELPLINE 0844 332 0308


¹England and Wales ² Excluding untraced Motor Insurers Bureau claims ©Copyright 2004 All Rights Reserved