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Accidents with Untraced and Uninsured Motorists

Accidents with Untraced and Uninsured Motorists

It’s a sad fact that not everyone is honest. There are according to the Motor Insurers Bureau (MIB) an estimated 1 million motorists in the UK driving around without insurance cover for their car. Moreover, when you have an accident on occasion the other party doesn’t stop or after stopping will provide false details.

Having the misfortune of an accident with an untraced or uninsured driver does not mean that you cannot claim for damage or injury in the aftermath; it just means you claim in a different way.

The MIB was set up in 1946 by way of agreement between the motor insurance industry and the government. Initially the role of the MIB was only to compensate innocent victims of untraced or “hit and run” drivers, the rationale being that if someone was wealthy enough to own a car they would also be wealthy enough to compensate a third party. With the advent of mass motoring the remit was then extended to compensate innocent victims of uninsured drivers. All motor insurers transacting business in the UK must pay a levy per policy, currently about £30.00 that funds the work of the MIB. Most countries, including all European countries have similar arrangements for compensating victims of untraced and uninsured drivers.

There are three schemes run by the MIB. These are the Untraced Drivers agreement; The Uninsured Drivers Agreement and the Green Card Scheme.

The Untraced Drivers Agreement is used to handle claims where there has been a “hit and run” incident or having stopped the other driver has provided false details. In such a circumstance there is nobody against whom Court proceedings can be brought to gain compensation. The MIB therefore provides a compensation award. This award is intended to be the equivalent of a settlement in Court, so in theory at least a Claimant should be in no worse position than if the driver had stopped and a claim made against their insurers. If you disagree with what the MIB offer for your settlement then you cannot directly advance your claim through the Courts by suing the MIB, although there are appeal provisions. In making a claim under this scheme there are strict conditions. Most importantly is the need to report the accident immediately to the police as there is a strict time limit for doing so. The time limit for claiming for non injury compensation is also much shorter at 9 months, and you have to forego the first £300.00 of non injury compensation.

Claims where the other party is not insured fall under the Uninsured Drivers Agreement. Since there is someone who can be sued, the case can if needs be advance through the Courts should it prove impossible to agree settlement with the MIB. Once more the accident must be reported to the police, but the time limits for bringing a claim are the same as if the other driver was insured.

Finally, the MIB also administer the Green Card Scheme. This scheme operates to assist in making claims against foreign insured and registered vehicles. In many cases the insurers of the foreign vehicle will already have appointed representatives in this country to handle their claims, but if not the MIB will deal with the claim. The MIB or the UK agents will then handle the claim as a if it were a normal claim against a UK based insurer. The MIB Green Card Section are also very helpful at tracking down the insurers of foreign registered vehicles and identifying their UK representatives.

There are many conditions precedent to the MIB‘s obligations to settle third party claims and a number of exclusion clauses that do not apply to claims made directly against an insurer. Here at Optimal Claim, we are committed to recovering the optimal level of damages for all our clients. We know what factors will be taken into account when the MIB are dealing with your claim and because we speak your language we know how best to present your case and get you the right money .

Claiming through Optimal Claim carries a genuine “no-win, no-fee” guarantee. Should you lose your claim then we do not charge. Moreover, we are more than happy to discuss prospective cases with you free of charge and without any obligation.

 

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