If you’ve ever been unfortunate enough to be involved in a road traffic accident, you’ll have almost certainly followed what is considered to be standard procedure. Stop your vehicle close to the scene of the accident, assess any damage and exchange details with the driver(s) of the other vehicle(s) involved.
However, we often hear stories from clients about drivers who flee the scene following an accident; or those who do stop but who don’t have motor insurance cover.
Countless people believe that if you’re injured by a motorist who is untraced or uninsured then you can’t raise a personal injury claim.
Thankfully, this isn’t true.
The Motor Insurers Bureau (MIB) is an independent body which is funded by the insurance industry. The MIB is a scheme which enables injured people to seek compensation following accidents involving untraced or uninsured drivers.
Under the Untraced Drivers Agreement, the MIB will investigate the circumstances of an accident and attempt to trace the untraced driver who is at fault for the accident. If the driver is found, a personal injury claim can be pursued against their insurance company in the usual way. If the MIB is unable to find the driver, but their investigations show that this person was at fault for the accident, then the MIB will pay compensation to the injured person.
Additionally, under the Uninsured Drivers Agreement the MIB will investigate claims against any drivers who can be identified, but who are uninsured. In these circumstances the MIB will investigate the circumstances of the claim and, if the uninsured driver is found to be responsible for the accident, the MIB will pay compensation to the injured person. It is an offence to drive without motor insurance and in cases where the MIB makes a compensation payment on behalf of an uninsured driver, it is possible for them to pursue the uninsured driver to claim back this payment.
The Motor Insurers Bureau process is no different from any other personal injury claim and the matter could end up at trial, so the process is just as complex.
It is, of course, sensible to instruct a solicitor to act for you, in exactly the same way you would for any legal action against an insured or traceable driver.
There are strict time limits for raising a claim though, so our advice would be not to delay.
Even if you find out after an accident that the details you’ve been given from the other driver(s) are incomplete or incorrect, we could be able to trace them for you.
If you or someone you know ever finds themselves involved in an accident with an uninsured or untraced driver, contact Price Slater Gawne in confidence on 0161 615 5554.