How to secure compensation against untraced or uninsured drivers

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

  1. Driver may think that it was a minor accident and fail to stop at the scene.
  2. In some cases, people drive off unintentionally without realising they have been involved in an accident, e.g. larger vehicles such as HGVs.
  3. A pedestrian may be struck by a vehicle and the driver may leave the scene without checking if the person is ok.
  4. A vehicle may have been cloned.
  5. False or incorrect details may be exchanged at the scene.  

Written by Kyanna White

Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including road traffic accidents.

We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.

Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [January 2024].

If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.