If you’ve been involved in a road traffic accident where the responsible driver cannot be identified—such as in the case of a “hit-and-run” it can be both frustrating and stressful. This is especially true when you’re left without compensation for injuries, vehicle damage, or other losses. In the UK, the Motor Insurers’ Bureau (MIB) provides vital support for victims of accidents involving uninsured or untraced drivers.
Here’s an overview of the process for making a claim to the MIB if you’re dealing with an untraced driver:
What is the MIB?
The Motor Insurers’ Bureau is a non-profit organisation that compensates individuals injured in accidents caused by uninsured or untraced drivers. The MIB ensures that victims aren’t left without recourse when the responsible party is unknown or lacks insurance coverage.
What is an Untraced Driver Claim?
An untraced driver claim arises when you’re involved in an accident caused by a driver who either flees the scene or whose details can’t be traced. This can occur in situations such as:
- Hit-and-run accidents where the at-fault driver leaves the scene.
- Collisions where the at-fault driver provides no information, and their identity is unknown.
- Accidents caused by an identifiable vehicle, but the driver can’t be located.
If the at-fault driver can’t be found or identified, you can still seek compensation from the MIB under their Untraced Driver Agreement.
Who Can File a Claim?
Anyone injured or who has suffered damage in an accident caused by an untraced driver can make a claim. This includes:
- The driver of the affected vehicle.
- Passengers in the vehicle at the time of the accident.
- Pedestrians or cyclists injured by the untraced driver.
Steps to Make a Claim to the MIB
If you’re involved in an accident with an untraced driver, follow these steps to file a claim:
- Report the Accident to the Police The first step is to report the accident to the police. For a claim to be processed under the Untraced Driver Agreement, the incident must be officially recorded. You’ll typically be given a Crime Reference Number, which is essential for the claim process. Even if the driver is not identified, the police report is critical for your MIB claim.
- Consult a Solicitor While it’s possible to file a claim on your own, consulting a solicitor is highly recommended. A solicitor can ensure that your claim is properly submitted, secure the right medical evidence, and help you maximize the compensation you’re entitled to.
- Gather All Evidence To strengthen your claim, it’s important to collect as much evidence as possible, including:
- Photos of the accident scene and vehicle damage.
- Contact information for any witnesses.
- A copy of the police report and Crime Reference Number.
- Medical records documenting your injuries.
- Vehicle repair estimates or invoices.
Your solicitor can assist in gathering and organising this evidence.
- Submit the Claim Once you’ve gathered all the necessary information, you can submit the claim. You’ll need to provide the following:
- Personal details (name, address, contact info).
- The police Crime Reference Number.
- Accident details (location, time, and circumstances).
- Evidence such as photos and witness statements.
- Details of any injuries or damage sustained.
- Complete and Submit the Claim Form You can submit the claim form yourself but we would recommend that you use the services of a solicitor.
- Investigation and Assessment Once your claim is submitted, the MIB will investigate the details. They will verify the accident information, confirm that the driver cannot be traced, and assess the extent of the damage or injuries. This may involve reviewing police reports, witness statements, medical records, and vehicle repair costs.
- Receiving Compensation If the MIB approves your claim, they will offer compensation. The amount you receive will depend on various factors, such as:
- The severity of your injuries.
- The extent of vehicle damage.
- Loss of earnings due to your injuries.
- Any other financial losses linked to the accident.
The MIB follows similar guidelines to insurance companies when determining compensation, and you may also be entitled to legal costs if applicable.
Time Limits for Making a Claim
There are time restrictions for submitting a claim to the MIB:
- Injury claims must be filed within three years of the accident.
- Vehicle damage claims must be made within six years of the accident.
However, for children or individuals with mental incapacity, these time limits may be extended.
Legal Help and Advice
Although you can navigate the claims process on your own, seeking the help of a solicitor, especially one specialising in personal injury or road traffic accidents, can be beneficial. A solicitor ensures that your claim is filed correctly and can help negotiate the best possible compensation for you.
Why Choose Us?
Being involved in an accident with an untraced driver can be an overwhelming experience, but the MIB provides an essential safety net for those seeking compensation. By following the proper steps—reporting the incident, gathering evidence, and reaching out to the MIB—you can secure the compensation you deserve. Seeking legal advice can make the process smoother and more effective, ensuring you receive the maximum compensation available.
At What’s My Claim Worth we’ve helped many clients successfully claim compensation for accidents caused by untraced drivers. For example, we recently assisted a man from Wales who was injured by his own car, which was being moved by an employee at a car wash. After the worker gave false details, the MIB settled the claim for £100,000.
If you’ve been injured in an accident with an untraced driver, contact our specialist personal injury solicitors at What’s My Claim Worth (WMCW) for expert advice. We’re here to help. Call 01244 568 535.
