If you have a car accident that is caused by an uninsured or an untraced driver then you can still make a claim for personal injury compensation. However, there are some circumstances where even if you make a claim you might still not receive any compensation. Read on to find out more.

The Motor Insurers Bureau (‘M.I.B.’), Uninsured Drivers and Untraced Drivers

Uninsured Drivers

From 1/10/1999 the new Uninsured Drivers Agreement came into force, and it is potentially a big hurdle for innocent victims of uninsured drivers. There has been widespread concern expressed by MASS (the Motor Accident Solicitors Society), APIL (the Association of Personal Injury Lawyers) and others.

Why?

Because it puts YOU - the law abiding citizen who is injured by a driver that has no insurance - at risk.

What is the Uninsured Drivers Agreement?

It is meant to be a safeguard. If you are injured, or damage is caused, by an uninsured driver, then the insurance companies pick up the bill between them through the organisation called the Motor Insurers' Bureau. But ONLY if you keep to the rules. The new Agreement changes those rules - for the worse.

Why Should I Worry?

Firstly. because the new Agreement makes it much easier for your claim to be thrown out. For example, there are many clauses requiring you to do things within only 7 days, and if you fail - your claim is thrown out. The new Agreement is too onerous, the "strike-out" clauses are too widespread and unnecessary, and the Agreement has been imposed without any proper consultation. But I'll be OK if I get a solicitor to sort it out for me, won't I?

Maybe; but maybe not. For instance, it might already be too late. And in any case you MUST ensure that your solicitor is up-to-speed with the new Agreement. Most specialist solicitors are already severely restricting the staff who are allowed to handle MIB claims, and limiting MIB advice to specially trained staff only.

What YOU should do NOW

If you have a road accident, by law the other driver must provide you with their insurance details. If details of name, address and insurance are not exchanged at the time, or if you have any suspicions that the information you have been given is not correct, then you must act. Here is what the new Agreement says:-

Section 154 of the 1988 Act MIB shall incur no liability under MIB's obligation unless the claimant has as soon as reasonably practicable -

1. demanded the information and, where appropriate, the particulars specified in section 154(1) of the 1988 Act, and
2. if the person of whom the demand is made fails to comply with the provisions of that subsection - either made a formal complaint to a police officer in respect of such failure, and used all reasonable endeavours to obtain the name and address of the registered keeper of the vehicle , if so required by MIB, has authorised MIB to take such steps on his behalf.
   1. Go to the nearest Police Station, report the accident and make a formal complaint that you haven't been given insurance details. They can issue a "producer" to the other driver, check details, and take the other driver to court. Be careful, and don't be put off. Ask for a Reference, write it down, and write down the date, time and name/number of the person at the police station to whom you reported the accident. If you have any suspicions about the details given, the Police can check the registered keeper details.You yourself can check registered keeper details as well, by writing the the DVLA at Swansea, stating the reason for your enquiry and paying the current fee.
   2. Next, write a letter to the other driver, demanding details of the name, address and policy number of their motor insurance company. Don't delay in doing this. You MUST do it as soon as reasonably practicable. Give them no more than 7 days to reply. Keep a copy of your letter.
   3. If you don't get the information, then report the failure to the police. If they would not previously accept a formal complaint, then they must do so now. Again, note all the details as above. You might want to take in a written report, and keep a copy for your own records.

There are many detailed other provisions in the Agreement. For instance, if you are required by the Agreement to "serve" (legally deliver) documents on the MIB, the only ways you can do so are by registered post, recorded delivery, or by fax. Nothing else will do, not even delivering documents personally by hand to their office.

So unless you are sure of the other drivers’ insurance details - be very, very careful. Runhams has specialists who are experienced in dealing with M.I.B. claims. So don’t take the risk - let Runhams sort the case out for you.

Legal Costs

In M.I.B. Uninsured Driver cases, the costs of making your claim will normally be paid in full by the M.I.B. as well as your compensation. So you don’t have to worry. If you don’t already have legal expenses insurance to cover you against the risks of making a claim, then the M.I.B. can offer you free legal expenses cover under the MIBLES scheme. Runhams can handle all this for you, and make the necessary arrangements.

Untraced Drivers

If the driver of the car that caused the accident cannot be identified, then the M.I.B. will deal with a claim from a victim of untraced motorist, under the appropriate Untraced Drivers Agreement.

The current Agreement (2003) specifies that MIB will make an award for compensation to the victim of a negligent untraced motorist in respect of personal injuries, where such injuries are caused by the use of a vehicle which is required to be insured by law. The 2003 agreement applies in respect of accidents on or after 14 February 2003 and consideration will be given to property damage subject to the accident being reported to the police within 5 days or as soon as reasonably possible and the offending vehicle being identified. Claims are subject to a £300 excess.

The 1996 agreement applied in respect of accidents occurring on or after 1 July 1996 but before 14 February 2003. It did not cover property damage.

The M.I.B. will also make a contribution to your legal costs according to a fixed scale. We will tell you whether or not that contribution is likely to be enough to cover your legal costs, and if not, how much you might have to pay.

Foreign Motorists in the UK

As the UK Green Card Bureau, the M.I.B. deals with claims involving foreign drivers in the UK as though it was the insurer of foreign registered vehicles in the UK. The MIB will handle claims against foreign motorists as long as the foreign registered vehicle comes from a country within the Green Card System and the M.I.B. has an Agreement with that country.

Let Expert Solicitors Help You

For expert assistance with your taxi personal injury claim call us on 01274 532233 now or complete our free online enquiry form and we will be in touch with you shortly.