MIB Claims Against Uninsured And Untraced Drivers

By Mark Clause. Last Updated 28th July 2022. Have you been involved in a road traffic accident on a public road with an uninsured driver that wasn’t your fault? Perhaps the driver that injured you drove off and isn’t traceable. Many people experience this and can turn to Motor Insurers’ Bureau (MIB) claims.

A guide exploring MIB claims

A guide exploring MIB claims

This is where you claim through the MIB instead of an insurer because the other driver either had no insurance or isn’t traceable after a hit and run. This means that you may not be out of pocket if you are involved in an accident with an uninsured motorist.

To find out more about this type of claim and MIB payout examples, continue reading or get in touch. You can do so by:

  • Calling us on 0800 408 7825
  • Talking to us on our live chat, which is at the bottom of this page
  • Contacting us through our website

Select A Section

  1. What Is An MIB Claim?
  2. Types Of MIB Claims
  3. How Do You Make An MIB Claim?
  4. How Do I Prove My MIB Claim?
  5. MIB Payout Examples – What Do They Include?
  6. Motor Insurers’ Bureau Compensation Amounts
  7. Talk To Us About No Win No Fee MIB Claims
  8. Road Traffic Accident Claims

What Is An MIB Claim?

The Motor Insurers’ Bureau (MIB) is a not-for-profit company in the UK that provides compensation when drivers are involved in accidents with uninsured and untraced drivers. All insurers are obligated to fund the MIB to ensure drivers are protected in the event of an uninsured crash. This is mandated by the Road Traffic Act 1988

You can claim through the MIB if you have a legitimate case, which they will assess based on the strength of the evidence you have available. A claim can be started through their online process. 

An important part of being able to claim is to establish whether someone who owed you a duty of care was negligent or not. On the roads, this means they did not keep other people safe by using the standard care and skill of the average motorist. Duty of care, for motorists, is laid out in the Road Traffic Act 1988 and The Highway Code.

Motorists should adhere to their duty by:

  • Obeying the speed limit
  • Using their mirrors and signals when appropriate
  • Paying attention to road markings and signs, both temporary and permanent

Not doing any of these could lead to erratic driving. Not only is this potentially dangerous, a driver doing this is not fulfilling their duty of care. If this breached duty of care directly causes your injuries, you could claim — regardless of their insurance status.

To find out more about MIB claims and payout examples, speak to our advisors today.  

Types Of MIB Claims

Generally, there are two main types of MIB claims. These are claims against uninsured drivers and claims against untraced drivers.

Uninsured MIB claims are generally easier to process provided there is sufficient evidence and the uninsured driver does not flee the scene. 

Untraced MIB claims are made possible through the Untraced Drivers’ Agreement. This gives motorists the right to claim through the MIB if they are involved in a “hit and run”. This is where someone hits you and they continue driving to avoid prosecution or legal action. 

The MIB also makes it possible to claim against foreign drivers visiting the UK with their Green Card scheme. A Green Card is internationally recognised proof of insurance and will provide all relevant details that will allow you to make a claim. This is especially true of foreign lorries as in some countries, the trailer is registered separately.

If you believe you may have a claim, speak to our advisors for more information.

How Do You Make An MIB Claim?

In making MIB claims, there are a few steps to be aware of. 

The MIB can be regarded as a last resort when seeking car accident compensation. You must have exhausted all other options before trying to make a claim. Ensure that the driver who has hit you really is uninsured, or your claim will not be accepted.

Attempt to do so in a timely manner — if you are late, this can lead to you defaulting on your claim, meaning either a delayed payout or a lack thereof.  

You may also choose to contact a solicitor and use their services. While you are not legally obligated to do this, solicitor representation may make your case easier and they can value your potential compensation accurately. They can help you build a case that can be presented to the MIB in order to receive compensation. This can involve working out whether a driver was uninsured or untraced. 

How Do I Prove My MIB Claim?

Any claim will need evidence to support it. This is important when it comes to uninsured or untraced drivers in MIB claims.

Seek medical attention in the event of a possible injury. This is vital for your own health. Plus, any medical records could act as proof during the claim. 

If possible, exchange contact information with the other driver. They may well be scared and confused but you should exchange contact details if an injury has been sustained. The police should also be contacted if someone sustains an injury in a road traffic accident. 

If the other driver tries to drive away, remember that they are committing a criminal offence. Collect as much information as possible, such as the make and model of their car, the paint colour, and, critically, their registration number. The registration could be the easiest way to track them down. 

Not all of this will be easy to do in the heat of the moment. Whether or not you were able to take the above steps, if you’re hit by an uninsured or untraceable driver, you should inform the police. If you make a claim through the MIB, they’d need the police reference number.

Types Of Evidence

Other evidence to consider includes:

  • Video footage from CCTV cameras as well as dashcams
  • Photographs showing how your accident and injuries happened
  • Contact details, not just from the other driver, but from eyewitnesses

You may also wish to speak to a solicitor. This is not mandatory, but it may make the claims process easier. They may arrange a medical assessment for you. The resulting report could act as evidence. 

This may sound like a long process to go through. Let us help you. Our advisors are on hand 24/7 to give you free legal advice. They can even connect you with a solicitor from our panel. To find out how we can help with MIB claims, get in touch.

MIB Payout Examples – What Do They Include?

It can be difficult to provide specific MIB payout examples, owing to the fact that all MIB claims are different.

There are two potential heads of claim: general damages and special damages. These are intended to get you back to the position you were in before your accident.

General damages cover you for the injuries you have sustained. These can be mental and emotional as well as physical. Some injuries include lower back pain or degenerative disc disease, for example.

Special damages refer to monetary losses sustained as a result of your injuries. These can include lost wages as well as the cost of travel to hospital or therapy. If you are looking to claim for loss of earnings, hold onto proof such as payslips to support your claim.

To find out more about payout examples for MIB claims, why not speak to one of our advisors today?

Motor Insurers’ Bureau Compensation Amounts

The difficulty with precisely determining the value of a Motor Insurers’ Bureau (sometimes searched under Motor Insurance Bureau, though this is not correct) claim is that every situation is different. It generally comes down to the nature and severity of the injury, which would be compensated under general damages. There may also be related costs you could claim for under special damages, such as medical expenses or loss of earnings.

Motor Insurers’ Bureau compensation amounts are generally calculated the same as in other personal injury claims. That’s why we have the MIB costs table below that lists potential compensation amounts.

These figures come courtesy of the Judicial College Guidelines and are based on actual payouts from legitimate claims that went to court. Nevertheless, they remain guidance rather than an exact reflection of what you could receive if your claim wins.

InjuryNature of incidentPossible compensation
(A) Brain Damage (c) Moderate Brain Damage (i)Where there has been an intellectual deficit to a severe degree as well as a change to speech and sight.£150,110 to £219,070
(A) Chest Injury (b)Here, you would expect to see a traumatic chest injury affecting the lungs and heart. This can reduce life expectancy and create disability.£65,740 to £100,670
(B) Post-Traumatic Stress Disorder (a) SevereIn this bracket, there would be effects where the injured person is unable to work and all aspects of life are greatly affected.£59,860 to £100,670
(A) Neck Injury (b) Moderate (i)Can sometimes involve spinal fusion where there has been dislocation or fractures. Can lead to future impairment.£24,990 to £38,490
(C) Shoulder Injuries (b) SeriousWhere there has been damage to the brachial plexus leading to reduced grip and persistent aches and pains.£12,770 to £19,200
(B) Back Injuries (b) Moderate (ii)Where there would be ligamentous and muscle disturbance. More compensation possible depending on how much pain is present as well as the impact on the injured person's life.£12,510 to £27,760

Make sure to speak to one of our advisors if you would like further information about Motor Insurers’ Bureau compensation amounts.

Talk To Us About No Win No Fee MIB Claims

You may be interested in making a claim, but the idea of legal fees can be concerning. If this is the case, a No Win No Fee agreement may be right for you. If a solicitor represents you under a No Win No Fee agreement, you pay no solicitor’s fee at the start of your case, while it is ongoing, or if you lose. 

In the event of the claim’s success, you pay a fee off the top of your settlement. This is a small percentage (capped by law) that covers the cost of using a solicitor’s services.

If No Win No Fee might be key for your claim, get in touch with us now. Our advisors provide free legal advice on a 24/7 basis. This is done with zero obligation. They can even connect you to a solicitor from our panel. To find out more, consider:

  • Calling us on 0800 408 7825
  • Talking to us on our live chat, which is at the bottom of this page
  • Contacting us through our website

Road Traffic Accident Claims

Car Accident Back Injury Compensation Case Study Guide

Torn Ankle Ligaments Compensation Case Study Guide

Frozen Shoulder Compensation Case Study Guide

Request CCTV footage of yourself — UK Government guide explaining how to request CCTV footage of yourself.

Vehicle insurance — UK Government guide related to insurance for your vehicle.

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Article by EC

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