Motor Insurer Bureau - Claim Information Guide
Introduction
The Motor Insurers Bureau (MIB) is an independent body sponsored by the Department of Transport and financed by all Motor Insurers who are required by law to be members of the MIB. The purpose of the MIB is to compensate victims of negligent uninsured and untraced motorists. Compensation can be claimed in accordance with two separate "Agreements" between the Secretary of State for Transport and the MIB details of which are set out below.
Uninsured Drivers Agreement
The "Compensation of victims of Uninsured Drivers Agreement" set out the precise circumstances in which a claim from a victim of an uninsured motorist will be met.
In general terms, the Agreement specifies that MIB will meet a civil court judgment obtained against an uninsured motorist in the event that that judgment (the Court Order) is not paid within seven days. The MIB is nonetheless happy, where possible, to assist victims long before any judgment is obtained or indeed court proceedings commenced. The MIB recognise that to require victims to obtain a judgment in every case is often unnecessary and likely to involve considerable time and legal costs.
Section 154 of the ROAD TRAFFIC ACT - requires an exchange of insurance details between the parties to a road traffic accident. The MIB will therefore expect that the parties will have made routine logical enquiries to establish the identity of the motorist's insurers. The MIB will expect you to specify exactly why you consider the motorist to be uninsured and to detail the enquiries that you have pursued to establish whether or not he was insured (ie copy correspondence).
Logical enquiries include, amongst others, obtaining the name and registration number of the vehicle at the time of the accident. If these are obtained we can perform a DVLA search to obtain information of the registered keeper of the vehicle. We can also search for the registration number on the Midis database to confirm whether the vehicle is insured. In any case involving an uninsured driver it is always recommended that you contact the police at the first opportunity to allow them to make their own investigations.
The MIB will firstly contact the motorist to check the insurance position. If the motorist is then able to prove that he is actually insured then the claim will have to be re-directed to his insurers. If the was uninsured, then the MIB will make further investigations into the claim and seek to establish the extent of the legal liability of the uninsured motorist and then the value of your claim.
"Untaced Drivers Agreement"
The "Compensation of victims of Untraced Drivers Agreement" explains the precise circumstances in which a claim from a victim of an untraced motorist will be met.
In general terms, the Agreement specifies that the MIB will still be able to offer any assistance to victims of untraced drivers despite the fact that there is no "Defendant" against whom a judgment can be obtained. The MIB will deal with cases involving personal injury and property damage.
However, there are certain requirements that must be fulfilled before any claim under the Untraced Drivers Agreement can be made. For example, the police must be notified of any accident involving an untraced driver no later than 5 days from the date of the accident. The MIB must also be notified of the claim within 9 months from the date of the accident.
Compensation
Full compensation will be paid in respect of claims for personal injury. However claims for property damage will be subject to an excess of £300.00 as provided by the Agreement. Notwithstanding that deduction you are still entitled to recover that sum of £300.00 directly from the uninsured motorist.
Please note that any financial losses incurred as a result of any personal injury sustained, such as a loss of earnings or travel expenses incurred when attending medical examinations, will not be subject to the £300 excess.
The MIB tries to agree the value of your claim as quickly as possible so that you can repair your property at your own expense if you want. As soon as all enquiries have been completed, if liability is accepted you will be paid. Of course, if you have an insurance policy of your own already covering the damage sustained, you may find it appropriate to claim direct from your own insurers.
Timetable
Claims are dealt with as quickly as possible, but it is difficult to establish a precise timetable since not only does the legal liability on the part of the uninsured or untraced motorist have to be established but also the value of your claim.
If liability is disputed then investigations will have to be made into the circumstances surrounding the accident. Investigations will involve, amongst other enquiries, looking into the circumstances of the accident, interviewing witnesses, obtaining a copy of the police report, contacting other bodies such as the DVLA etc... However, you can be of considerable assistance in the investigation by providing prompt and full documentation of your claim. The MIB make very effort to decide on whether to make a compensation within three months from their notification of the claim.
If the MIB agree to deal with your claim then they will endeavour to pay out any compensation for property damage as quickly as possible. However, if you are claiming for personal injury then additional medical evidence may need to be obtained in the form of an independent medical report. Copies of your medical records will also need to be obtained before the medical report can be prepared. The process of obtaining medical evidence and assessing the level of compensation you are entitled to for personal injury will often take over three months. Please note that we will be unable to advise you on any settlement proposals put forward by the MIB until we are in receipt of the medical evidence. Furthermore, in some case involving more serious injuries it may be advisable to wait and see how you progress with your recovery before considering any settlement proposals that are put forward.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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