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If your accident has been caused by someone who has driven
off, or has given false details and is not traceable, or is
uninsured, you can still claim. Your claim will be
dealt with by the Motor Insurers' Bureau. The M.I.B. is a
body set up to provide a central fund for compensation of
victims of accidents involving either uninsured or untraced
drivers.
However, the way in which your claim is dealt with (and what
you can claim for) is different in each case.
Time Limits
To make a claim through the MIB you must report the incident
to the police. Your claim may be rejected by the MIB if you
don't. The time in which you must do this can be as little
as 5 days in some cases, but at most is 14 days. We therefore
recommend that you report it immediately. You should insist
on it being formally logged, even if the police try to tell
you it doesn't need to be.
Uninsured drivers
You should ensure that the incident is reported to the police as soon as possible after it happens, and within 5 days at the maximum. We always advise that any incidents are reported, even if you think the driver is insured, as there are circumstances when the insurer may not be liable to pay the claim. You should also ask your opponent for details of their insurance policy, even though it may turn out that they do not have any insurance.
The claim will be dealt with in almost exactly the same way as if you were claiming against another driver who is insured, although the negotiations will be with the Motor Insurers' Bureau rather than an insurance company. The only real differences are:
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The MIB may try to avoid or to limit what they will pay to you for some of your losses. Our job is to make sure that you are properly compensated.
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It will inevitably take longer to settle than if the other driver were insured. The time limits allowed to the Motor Insurers' Bureau are longer than in normal claims.
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Fees
If your claim is successful, then our fees (your legal costs) in acting for you are paid by the MIB in addition to your compensation.
Untraced drivers
You must ensure that you report the accident to the police as soon as possible. The maximum time limit for doing this ranges from 5 days up to 14 days from the date of the accident. YOU MUST OBTAIN A WRITTEN ACKNOWLEDGEMENT FROM THE POLICE WITH A CRIME/INCIDENT REFERENCE NUMER, OR THE MIB CAN REFUSE TO DEAL WITH YOUR CLAIM.
You will be able to claim for your injuries and other losses. You can also claim for property damage, but only if the vehicle involved can be identified - e.g. the vehicle is stolen and you have its details, but the driver has absconded or has given a false name. In these cases, you must report the accident to the police no later than 5 days after the incident, if you want to claim for damaged property, or no later than 14 days, if you are claiming for injuries only.
Your claim will inevitably take longer to settle than if we were dealing with another driver's insurance company. The M.I.B. are required to investigate a person's claim and arrange any medical reports upon a person's injuries. As such, they can take a long time to deal with claims. As there is no one to issue court proceedings against, there is no pressure which we can bring to bear to speed up the handling of your claim.
The other important difference is in relation to the payment of your legal costs. The M.I.B. will only pay a contribution towards legal fees of a minimum £500.00 + VAT, up to a maximum of £3,000.00 + VAT (for most cases) depending upon the value of the claim. The contribution is paid towards the cost of the legal advice which we give to you, assisting you with the initial application to the MIB and then advising upon any offers of settlement which the M.I.B. might make. This means that some of our fees for carrying out the work for you may have to be deducted from your compensation. We will agree these costs with you beforehand.
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