How to secure compensation against untraced or uninsured drivers
What is the Motor Insurer’s Bureau (MIB)?
The Motor Insurers Bureau (MIB) is an organisation that exists to compensate innocent victims of road traffic accidents who have been injured or had their property damaged by an uninsured or untraced driver. The MIB is a non-profit organisation that is funded by the insurance premiums of UK drivers and is intended to be a “fund of last resort”. Therefore, if any other policy of insurance covers the claim or any part of it, it must be directed to the relevant insurer.
In short, this means that if you have been injured in an accident caused by an uninsured driver or untraced (i.e. a “hit and run” type situation) you will still be able to claim compensation for your pain, suffering and other financial losses.
When dealing with the MIB, it is always better to consult with a personal injury solicitor in order to get the correct guidance and maximise the level of compensation awarded, particularly as the MIB have their own policies and procedures which must be adhered to in order for the claim to be successful.
What do the MIB do?
The MIB carry out a number of schemes:
- Claims against untraced drivers
- Claims against uninsured drivers
- Claims against a foreign registered vehicle
- Claims from an accident abroad
What can be claimed for through the MIB?
- Personal Injury
- Vehicle damage
- Property damage
- Wrongful death
- Uninsured loss (e.g loss of earnings/ policy excess)
Making a claim against an uninsured driver
It is illegal to drive a vehicle in the UK without being insured and could result in a £300 fixed penalty notice and 6 points on your license. In more serious cases, it could result in prosecution and/ or a complete driving ban. Despite this, many people knowingly drive without valid insurance and it can cause serious issues for people who are involved in an accident with them. The MIB reported in December 2023 that every 20 minutes someone in the UK is hit by an uninsured or hit-and-run driver and, tragically, each day at least once person suffers such severe injuries that they require lifelong care. According to the figures published by the MIB last year, uninsured driving increases the annual premium for each UK driver by approximately £53 per year.
Uninsured Drivers’ Agreement
Claims involving uninsured drivers are governed by the 2015 Uninsured Drivers’ Agreement which applies to any accidents occurring on or after 1 August 2015. In situations where no insurer can be traced, the MIB will effectively step in and take their place.
Making a claim against an untraced/ Hit-and-Run driver
In Scotland, if you are a victim of a hit and run accident, you may be eligible for compensation through the MIB. To make a claim, you must meet certain criteria, for instance, you must have reported the incident to the police within a specified time frame, usually 14 days, and provide the MIB with all of the necessary information and evidence to investigate the claim. It would also be useful to make your own investigations and ingather as much evidence as possible before submitting the claim, for instance, requesting CCTV and dash cam footage from the locus. This can make it easier for the Police to trace the third party driver/ vehicle.
What will the compensation cover?
The compensation can cover a range of damages, such as medical expenses, property damage, loss of earnings and pain and suffering. The amount of compensation which you will receive will depend on the circumstances of the accident and the extent of your injuries.
Untraced Drivers’ Agreement
Untraced claims are dealt with through the 2017 Untraced Drivers’ Agreement and applies to all accidents occurring after 1 March 2017.
Typical scenarios
- Driver may think that it was a minor accident and fail to stop at the scene.
- In some cases, people drive off unintentionally without realising they have been involved in an accident, e.g. larger vehicles such as HGVs.
- A pedestrian may be struck by a vehicle and the driver may leave the scene without checking if the person is ok.
- A vehicle may have been cloned.
- False or incorrect details may be exchanged at the scene.
Written by Kyanna White
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
Biker seriously injured in a road traffic accident because of negligent driver
Overview of the case
Our client was injured when a car driver who was not looking pulled out into her path while she was on her motorbike in North-East Scotland. Despite the fact the police suggested our client should have paid more attention to the car coming on the major city road and the police not saying the car driver was entirely to blame we argued the car driver was fully at fault. The insurers of the car also tried to suggest some of the blame for the accident should be shouldered by our client but again this was knocked back by Gildeas.
Injuries sustained by the client
Our client had been travelling below the applicable speed limit when the car pulled out into her path, she collided with the car and fell to the ground. Despite her wearing full protective kit she sustained life changing injuries.
Her head hit the ground and she sustained a traumatic brain injury, she also bit through her tongue and suffered injuries to her hands. Our was a trained chef who taught at a local college. How could she demonstrate how to use a knife to her students with hand and wrist injuries? How could she taste their food when she had bitten through her tongue and cause permanent damage to it?
The outcome of the case
Fortunately for our client, her insurers suggested Gildeas could assist her in putting her life back together after the road traffic accident. Gildeas investigated all of her injuries, both physical and mental.
After attending for various examinations Gildeas were in a position to provide tailored advice to her in terms of what her losses were and what we had to recover on her behalf to allow her to move on. A court action was raised and following lengthy discussions and negotiations with the other side an offer of more than £250,000 was secured. Given the initial offer made was £100.000 this is a significant increase on what was initially offered by the other side before a court action was raised and was almost double the offer made initially by the solicitors for her insurers.
Our client is very grateful to Gildeas for the advice you received and guidance. Whenever she was worried about something she knew she could call and receive an explanation as to why something was happening or not as the case may be.
Comment from the client:
Stephen Hay, thank you so much for representing me after life-changing injuries in a bike crash due to other’s negligence. Thorough professionalism, patience, toleration & understanding was received on every level, keeping me fully informed throughout. Everything explained accurately, briefly & clearly simplifying it for me to understand on many occasions. You knocked it out of the park! I wish yourself Stephen, Fergus Thomson (advocate) & everyone at team Gildeas all the very best, as first class solicitors to professionally deal with from start to finish.
Director Stephen Hay says:
“This case was complex, she was injured just before lockdown, her treatment options on the NHS were limited given the stresses experienced by the NHS from March 2020 onwards. There was also the issue of considering but for the accident what would our client have done? There was a significant mental injury element to the claim. She loved to be on her motorbike. She used it daily to get to and from work. Her confidence was severely knocked because she lost her independence, her ability to do things and with lockdown she felt unable to leave her home. We worked with her and with our partners to arrange for treatment, both physical and mental. When we were ready, we were able to discuss what the future would hold for our client, what she would need and what she would be able to do before approaching the other side to discuss what they would need to pay. At all times our client was engaged and part of the process and I am delighted that she is now able to put this accident behind her and move on with her life.”
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.