Since 1930, all vehicles licensed for road use in the United Kingdom have been required to take out insurance against third party risks, which should provide cover for any accidents causing damage or injury to people, vehicles, animals or property.
Sadly, with rising cost of premiums comes an increased tendency of some drivers to “take the risk” of ignoring their obligations under the law, and instead driving their vehicle whilst there is no insurance in place. Despite ever more sophisticated policing techniques, all too often these uninsured drivers remain undetected.
If you have been involved in an accident with a driver you believe to be uninsured, then not all is lost, you may still be entitled to make a claim for personal injury and your other losses. Oakwood Solicitors can help you.
I’ve been in an accident with an Uninsured Driver. Can I claim?
Yes, you can. You may have taken the full contact details of the other driver and their vehicle registration, only to later find out that they had been driving without insurance.
In this situation, a claim for injury and any documented expenses can be made against the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement.
What third party details should I have taken?
If you have been in involved in a car accident, always try to take the third party’s full name, address and telephone number. It is very important that you take the third-party vehicle registration number, and make and model of their car. If the third party refuses to give any of this information or flees from the scene of the accident, report the matter to the police and ensure to obtain a police reference or CAD number for the incident. For details of how to make a claim against a driver you were unable to take details of, please visit our MIB Untraced Claim page. (Put on Link on to that RTA landing page)
What is the Motor Insurers’ Bureau (MIB)?
Based in Milton Keynes, the MIB is an organisation founded in 1946. One of their aims is to reduce the number of uninsured drivers and help to compensate any innocent victims of the crime.
The MIB’s own website claims that the number of uninsured drivers has reduced by 50% over the last ten years and that they deal with 20,000 claims each year against uninsured and untraced motorists.
They work with the police, the DVLA and motor insurers to continue to try and reduce the number of uninsured drivers on the UK’s roads.
What does the Motor Insurers’ Bureau (MID) do?
The MID is a central record of all insured vehicles in the UK. The MIB manage the database and it is used by the Police and the (DVLA) to identify uninsured vehicles and to enforce motor insurance laws.
Do I need to do anything unusual given the other driver had no insurance?
Not particularly. Just ensure to retain the information you took about the other driver involved in the accident and try and obtain as much information about the other vehicle as possible. If the other driver can be positively identified, then the claim will qualify for the MIB Uninsured Agreement.
Reporting the accident to your own insurers promptly can also assist.
Will the MIB deal with the matter any differently to an insurance company?
The MIB has a little longer to investigate liability for the claim as they will obviously need to try and trace the other driver and question them about the accident. Other than that, the claim will generally be dealt with in the same way.
I was a passenger in a vehicle being driven without insurance, can I still make a claim?
The answer is yes, unless the MIB can demonstrate that you were, or should without a doubt have been aware that the vehicle you were travelling in didn’t have insurance. Clearly when you get in a vehicle, it is not commonplace to ask the driver to show you their certificate of insurance and so it can be quite difficult for the MIB to successfully make that argument. The same position applies even if it was your own driver who was responsible for the collision.
Can I claim for my loss of earnings and other expenses from the MIB?
Yes, you can make a claim for expenses such as loss of earnings, vehicle damage, medical expenses, treatment costs and care and assistance. Ensure that you retain any documentation that you have to support the loss such as invoices, photographs, wage slips and accounts. If you do not have evidence of your loss, it is unlikely that you will be able to obtain compensation from them from the MIB. If you can recover any of these losses elsewhere, such as from your vehicle insurer, you should attempt to do so.
Where is the money coming from to settle my claim?
The MIB are funded through a contribution from everyone’s insurance premiums. The MIB say that approximately £30 from each person’s premium goes towards funding claims paid by the MIB.
How long does a claim in the MIB Uninsured Agreement take to conclude?
The MIB state that a straight forward claim can take between four and five months to run.
From our experience, claims under the Uninsured Agreement generally take between six and fifteen months to conclude. It can vary depending on the complexity of the liability investigations and the amount of medical evidence that is required to be able to value the claim.
What are Assignment and Agreement forms?
These are documents that once signed, mean that whilst the MIB are settling your claim, they have your agreement to assign that compensation amount as a debt to the other driver. This allows them to pursue a recovery of the compensation they have paid to you from the uninsured driver.
What if the MIB refuses to settle my claim?
This is dealt with in the same way as it would normally be done when an agreement cannot be reached with an insurance company. If negotiations fail, Court Proceedings can be issued against the other driver (because their name and address has been established). The MIB must be named as a second Defendant within the Court Proceedings, but other than that, there is very little difference.
Will I need to go to Court?
This is unlikely as only a small minority of claims will require Court Proceedings to be issued on them. Further still, only a small number of those claims with active Court Proceedings will proceed all the way to a Trial. Most cases will settle beforehand as it is in everyone’s best interests, both economically and from a risk and workload perspective, to avoid taking matters to Court.
Why should I use a Solicitor to help me claim from the MIB?
We would always recommend that you instruct a Solicitor to represent you on a personal injury claim. Utilising the knowledge of an experienced law firm can ensure that firstly, you have the best chances of making a successful claim, limiting the risks of the MIB refusing to deal with the claim. Secondly, you can also be confident that you will get the maximum level of compensation possible, limiting the risk of the MIB attempting to undervalue your claim.
Mr. S from Leeds was a passenger in a vehicle being driven by his wife. Their vehicle was stationary at traffic lights just off the A1 near to Scotch Corner. A third-party vehicle collided with the rear of their vehicle. The third-party seemed cagey at the time, and Mr. S felt the third party was trying to leave the scene of the accident.
Nevertheless, with the threat of police involvement, Mr. S and his wife were able to obtain the third-party registration number and the name and address of the other driver. Mr. S approached Oakwood Solicitors to pursue a personal injury claim for him.
We ran the third-party registration through the MID checker and this did not provide any insurance details. We therefore sent a recorded delivery letter to the third party and applied to the DVLA to obtain the registered keeper’s details.
The results from the DVLA confirmed that the registered keeper was the same as the name and address provided by the driver and we were therefore confident that the claim would be suitable to submit to the MIB under the Uninsured Drivers Agreement. We received no reply from the third party. We proceeded to arrange a medical examination for our client and the medical report was subsequently submitted to the MIB.
Meanwhile, the MIB had been able to contact the third party who admitted to them that he had collided with the rear of our client’s vehicle and that he was an uninsured driver. The MIB made an offer of £2,850 to Mr. S. This was almost at the figure we had valued the claim at, but Mr. S was happy for us to return to the MIB and negotiate. After we had done this, we were able to recover the sum of £3,000 in full and final settlement of the claim. The claim was resolved within eight months.
Why choose Oakwood Solicitors to escalate your claim?
Oakwood Solicitors has been dealing with personal injury claims caused by Road-Traffic Accidents (RTAs) since 2001. Many of our Solicitors and paralegals have been with us for over ten years, already having experience when they joined us.
We deal with claims that range between one thousand and hundreds of thousands of pounds, many of which will involve extensive claims for various kinds of expenses.
When you instruct us, you can expect a friendly, down to earth approach, together with an extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.
We are able to act for you on a no-win, no-fee basis, meaning that there is no risk to you, and you will not be charged if the claim is unsuccessful.
WHAT TO DO NEXT
For any legal queries about Road Traffic Accidents involving Uninsured Driver claims, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.
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