Uninsured & Untraced Driver Motor Accident Compensation Claim Solicitors

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 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. 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 in a motor accident our specialist personal injury solicitors will be able to assist you to obtain compensation from the Motor Insurers Bureau. For free advice without obligation, on accident claims and personal injury compensation, just use the helpline, complete the contact form or email our offices.

Uninsured Driver

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 are paid in full with no deductions

Hit and Run Driver

In the case of a hit and run accident where the driver of the other vehicle has not been identified resort must be made to the Motor Insurers Bureau ‘untraced driver agreement’. 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 legal charges on an agreed basis.

No Win No Fee

Our solicitors who are members of the Solicitors Regulation Authority panel of personal injury experts operate using the no win no fee scheme. For free advice without obligation, on accident claims and personal injury compensation, just use the helpline, complete the contact form or email our offices.