How do I claim against an uninsured or untraceable driver?

Where a person is involved in a road traffic accident and there is a clear offending party along with associated insurers, starting a claim appears relatively straightforward. However, what is your position if the other party is uninsured or if they cannot be traced?

These circumstances are unfortunately more common than most people would come to believe, with an estimated 1 million of drivers now being uninsured and countless cases occurring where the other parties’ details are not recorded.

The Motor Insurers Bureau (‘MIB’) is an organisation that was set up to help compensate individuals where they may not be able to claim under standard insurance.

How is the MIB funded?

The MIB is funded by a sum taken from all insured driver’s premiums. These funds are ultimately used to ensure claimants are properly compensated regardless of the unfortunate circumstances they may find themselves in.

How do I claim if the other party in a road traffic accident is untraceable?

MIB Untraced is a scheme that is typically needed when a person finds themselves in a ‘hit and run’ accident or one where amongst the commotion, details are not exchanged. In these circumstances, we would typically look to attempt to find the details of the other side ourselves by carrying out a series of investigations such as requesting CCTV. However, if we are unable to obtain details of the driver, we would apply to the MIB Untraced scheme.

It is very important that the incident is reported to the police within the first 14 days after the accident, unless you had good reason not to as otherwise it is possible that your claim could be rejected. For MIB Untraced, you must bring a claim within 3 years of being involved in the accident.

How do I claim if the other party in a road traffic accident is uninsured?

If a person is hit by an uninsured driver, they may not be aware of this at first. This is why it is always vital that an accident is reported to the police, and the necessary investigations are undertaken to determine this.

There are also some circumstances that arise where the vehicle is insured but the person driving at the time is not personally insured under the policy. In these situations, the relevant insurance company may still be willing to deal with the claim in any event but if they refuse to, the only course of action is to claim via the MIB.

In MIB Uninsured cases, you must ensure a case is issued in court by the expiry of the 3-year time limit.

What can I claim for after a road traffic accident?

Similarly, to normal civil claims being pursued against an insurer or other relevant party, compensation is assessed having regard to past and future losses. Examples of past losses can include loss of earnings, travel costs, care received, treatment costs along with an award for ‘Pain, Suffering and Loss of Amenity’ (PSLA) being an award that recognises the pain and loss of enjoyment of life that an injury can cause. Future losses often include similar items (excluding PSLA) but projected into the future, based on the available medico-legal evidence that assists with prognosis.

What other circumstances can you make a claim to the MIB for?

Other than making a claim against an uninsured or untraced driver, the MIB can also cover the following circumstances:

  • Where the other driver was driving a stolen vehicle.
  • Accidents that happen abroad (in specific situations).
  • Accidents in the UK that involve a foreign registered vehicle.

How can Moore Barlow help?

Moore Barlow’s major trauma team has a wealth of experience in dealing with complex low to high value personal injury claims. We have dealt with many uninsured and untraced claims and would be more than willing to guide you through your legal claim, whilst ensuring your rehabilitation remains our top priority. We aim to provide a service that is led with empathy and compassion and where your needs and wants are listened to at every step. Contact us today