By Cat Mulligan. Last Updated 8th September 2023. You could claim through the Motor Insurers’ Bureau (MIB) if an untraced driver caused you injury in a motor accident. If another’s negligence caused you harm in a road traffic accident, but the faulting party is untraceable or uninsured, you could still claim compensation through the MIB.
You may also have heard about changes to the claims process for motor accident claims valued under £5,000. These changes are laid out in the Whiplash Reform Programme and mean that low-value claims must now be handled using an online portal. This only applies to drivers and passengers of vehicles that are over the age of 18. These new rules do not cover cyclists, motorcyclists, pedestrians and scooter riders. However, claiming through the Whiplash Reform Programme is only for cases where the faulting driver is known, so you would still claim through the MIB for an untraced driver.
Continue reading to find out more about claiming compensation through the MIB when an untraced driver causes you harm. We’ll also address frequently asked questions such as whether you should accept the first offer from the MIB if they make one. Alternatively, get in touch with our team of expert advisors for free legal guidance about your case. If our advisors think you have a good chance of success, they could pass you on to a solicitor who could help you claim through the MIB.
Select A Section
- When Could You Claim Against An Untraced Driver?
- The MIB And Untraced Driver Accidents
- How Do Claims Through The MIB Work?
- What To Do Before Approaching The MIB
- MIB Payout Amounts – What Potential Compensation Could You Receive?
- Can I Use A No Win No Fee Solicitor When Claiming Through The MIB Untraced Driver Service?
Road users have a duty of care on the roads. In broad terms, this means behaving in a way that reduces the risk of accidents. The Highway Code covers the expectations for this behaviour. For motorists, this means adhering to the skill of the average motorist. There is detailed guidance in The Highway Code on how they may keep themselves and others safe.
If a road user breaches this duty of care, they could potentially cause harm and damage to others. If this has happened to you, you could claim compensation from them. Normally, this would be from the faulting party’s insurance. For this reason, it is generally difficult to claim against pedestrians and cyclists, as they do not have to have insurance. However, to claim from the defendant’s insurance, you need to know who they are and have their details.
In the Road Traffic Act 1988, it is stated that it is the duty of a driver to stop and give information or documents at the scene of an accident where they caused damage or harm. This includes situations where the victim is a pedestrian, cyclist, motorcycle rider, scooter rider or another vehicle driver. If a driver does not stop, this may be a hit and run offence.
In these situations, you could potentially claim compensation through the MIB. To find out more about what to do when the driver at fault for your accident is untraceable, get in touch now.
The MIB is an independent body that aims to compensate victims of road traffic accidents where the faulting party cannot be tracked or is uninsured. Personal injury claims through the MIB or damage claims can be sought once the incident has been reported to the police.
For example, suppose another driver harmed you in an accident and did not stop to pass on their details or information. In that case, you could potentially apply to the MIB for compensation for your injuries or any damages.
Or, if the driver did stop but did not have the appropriate insurance needed to claim against in a general personal injury claim, you could potentially request compensation from the MIB.
To find out more about how MIB claims work, get in touch with our team of advisors for free advice.
Before making a claim through the MIB for an untraced driver accident, you must report the incident to the police. You should do this as soon as possible so that the MIB can see that you have taken steps towards attempting to find the driver. CCTV is now in place along many roads, so it is possible the police could find the driver before you have to claim through the MIB, in which case you could make a general personal injury claim.
If the police and the MIB cannot trace the faulting party, then you could make a claim through the MIB for an untraced driver accident.
To be eligible, it’s also important that the other driver caused you injury or damage, such as property damage. If your vehicle is damaged, the MIB recommends that you first attempt to resolve this with your own insurance if possible.
To claim through the MIB, any prevalent evidence that could support your case is important, as this could make the claim much quicker.
During the investigation, the MIB may:
- Establish the facts
- Confirm the identities of all involved parties
- Obtain a police report
- Contact other relevant parties, such as the DVLA
- Obtain reports from witnesses or engineers
- In cases of personal injury, request any relevant medical forms
They may also invite you to an independent medical appointment, where a professional will assess your injuries.
The MIB attempts to conclude cases as soon as possible. However, it could be longer if your particular case is complex.
Claims Through The MIB – Untraced Driver Claim Time Limits
The time limit for claiming through the MIB after an untraced driver caused an accident is three years. This is the same for all personal injury claims and is set out by the Limitation Act 1980. However, you might still be able to make an MIB claim outside this time limit under certain circumstances.
For example, the time limit is frozen for those under the age of eighteen. While the time limit is frozen, a litigation friend can make a claim on your behalf. Otherwise, you will have to wait until your eighteenth birthday, when the time limit is reinstated, and you will have until your twenty-first birthday to issue court proceedings in your claim.
Similarly, the time limit is suspended indefinitely for those who lack the mental capacity to make a claim for themselves. In these cases, the time limit will not be reinstated unless the claimant regains the appropriate capacity. Instead, a litigation friend can make their claim on their behalf.
To learn more about making a claim against an untraced driver, contact our team of advisors today.
If you have been injured in a hit and run accident, we first recommend that you seek medical help. You may need to ring the emergency services on 999 if your injuries are severe, or you could potentially head to your nearest emergency room. For minor injuries, you could call 111 instead or visit your GP. Once you have been appropriately treated for any injuries, you could then think about starting a claim and seeking legal representation.
As aforementioned, it is also important that you report the incident to the police as soon as possible. Generally, this could be within 24 hours. The MIB, however, states that you need to report it to the police within 14 days if you have been injured and 5 days if you have not.
You could also begin gathering evidence that would help make your case stronger. It is not necessary to have a lawyer to help you, but we recommend hiring one. A lawyer will understand which types of evidence will work best for your claim and can make the process easier for you. Some evidence types could include:
- CCTV footage
- Medical reports
- The contact details of any witnesses
To hire a solicitor to help you with this process, you can call our team today. They could pass you on to an expert solicitor from our panel.
If you’ve been injured by a driver who is uninsured or untraced, the MIB could help you receive compensation for any injury caused. There are two potential heads of claim you could receive compensation for when making a claim through the MIB. They are:
- General damages – This compensation amount relates to the psychological and physical injuries caused by the accident as well as the loss of amenity.
- Special damages – This figure of compensation relates to the losses caused financially as a result of the injury.
The Judicial College Guidelines (JCG) are used by legal professionals to provide clients with a clearer idea of what they could receive for general damages. They include compensation brackets such as those below, which are only an indication of the potential compensation amount for your injuries. These figures are not guaranteed as every claim is distinct from previous successful ones.
These figures are not set amounts, as what you could receive can be determined by many factors, such as the extent of the injury and if any permanent health issues have been caused.
|£90,720 to £150,110
|There will be a moderate to modest intellectual deficit. The ability to work will be greatly reduced, if not gone altogether. There may also be some risk of epilepsy.
|£55,820 to £84,570
|Serious damage to both hands that leads to a significant loss of function and permanent cosmetic issues.
|Severe soft tissue injuries, fractures, dislocations and/or ruptured tendons that lead to significant disabilities and chronic conditions.
|£27,760 to £38,780
|Examples of injuries in this bracket include compression or crush fractures of the lower back, prolapsed disc and nerve root irritation that leads to pain, discomfort and reduced mobility.
|£9,110 to £30,090
|Worst effects will have been reduced by plastic surgery. Some cosmetic disability will remain, and psychological reaction is not great.
|£20,800 to £26,290
|The total loss of the spleen will lead to a continual risk of infection and disorders due to damage to the immune system.
|£12,590 to £24,500
|Less severe injuries that may still result in some form of long-lasting disability. For example, persistent pain and stiffness.
|£12,770 to £19,200
|Dislocations and damage that cause pain, aching and sensory symptoms. Also a weakness of grip and restricted shoulder movement.
|Up to £13,740
|Less serious dislocations, meniscus, or torn cartilage. Also includes lacerations, twisting, or bruising injuries.
|Up to £13,740
|Minor ligament injuries, fractures and sprains. Bracket will also be judged on scarring, aching, loss of movement, discomfort or if a recovery has been made.
You could also potentially receive compensation for special damages, which are financial losses that have resulted from the injury. For example, you may be unable to work due to the injury, meaning that you could potentially claim for loss of earnings. Other potential financial losses include:
- Travel expenses
- Home adjustments
- Private healthcare costs
Evidence that could be used to prove the value of the losses includes invoices, receipts and bank statements. If you have further questions, such as “should I take the first offer from the MIB?”, our free legal consultation could help you.
When Claiming From The MIB, Is The First Offer What I Should Take?
If your claim is successful, the Motor Insurers’ Bureau (MIB) will make you an offer. In some cases, it may be suitable to accept the MIB’s first offer.
However, if you are not satisfied, a counteroffer for a higher amount could be made. Submitting further evidence to support your counteroffer can help. You may wish to appoint a solicitor to do this if you don’t already have one representing your car accident claim.
Call our advisors for free advice about when to accept an offer. If you would like a solicitor to help with this step and are eligible, an advisor could put you in touch with one of the No Win No Fee solicitors from our panel.
If an untraced driver has injured you, you could claim through the MIB for compensation. A solicitor can help you with this type of claim, as they will be knowledgeable about the process and be able to guide you through the process and get you as much compensation as possible. But you may be concerned about funding the work of a solicitor.
A solicitor could offer you a No Win No Fee agreement, which means you don’t have to pay upfront or during your claim. Also, if your claim is unsuccessful, your solicitor won’t require payment for their work at all.
So how will your solicitor get paid if your claim does succeed? If this happens, they will deduct a success fee from your payout. This is only taken once the MIB or defendant pays your compensation in full. It’s also legally capped, meaning you get to keep the majority of your compensation.
A No Win No Fee agreement could be beneficial for you if you’re struggling financially. The solicitors on our panel will offer your their services on a No Win No Fee basis. To learn more about how the solicitors on our panel could help you, why not contact our advisors today?
Motoring Accident And Injury Claims
Thank you for reading our guide on claiming through the MIB for untraced driver accidents. We hope you found it helpful. For further help, please see below.
Can You Claim Hit and Run Compensation Through the CICA? – Read our article to find out if you could claim hit and run compensation through the Criminal Injuries Compensation Authority.
Will the New Whiplash Claim Rules Affect Your Claim? – Find out how the Whiplash Reform Programme could affect your road traffic accident claim.
If you’d like to learn more about using a car accident claims calculator, head here. You can discover compensation payouts for a range of different injuries, and learn from examples of past cases.
Road Accident Solicitors – Discover how road accident solicitors could help you.
Guide to Making a Claim – The MIB’s extensive guide to claiming with them.
Brake – A registered UK charity providing care and support for road accident victims.
Request CCTV Footage of Yourself – A Government guide to requesting CCTV footage.
Thank you for reading our guide on making a claim through the MIB after an untraced driver accident.