MIB Untraced Driver Claims

Whether you have hit something in the carriageway, lost grip on something deposited on the road such as diesel or the other driver just drives off leaving the scene, if you are the victim of an accident with a driver who cannot be traced then you are still entitled to claim compensation - known as untraced driver claims. However, it is important that you report the accident to the police as soon as possible (within 14 days unless you had good reason not to) and if you do not report it you may not be able to claim.  If the police are not interested always make sure you obtain a crime reference number.  The MIB do not require a full report, but will want evidence that you at least tried to report the matter.

Under the current system the Motor Insurers Bureau (MIB) will pay compensation to victims of untraced drivers and will also pay towards their legal costs, although the amount they pay is capped based upon the value of your claim. The process is lengthy and involves technical requirements which can be fatal to the claim if breached. For anything other than small claims we recommend you use a solicitor.

Before the claim is submitted reasonable efforts should be made to track the driver down.  Usually the police would be expected to do this provided you have reported the matter to them.

The claim should be submitted to the MIB within 3 years of the accident.  They will not accept a claim outside of this timescale without good reason.  As long as they have received the claim within time no limitation deadlines apply.

You are entitled to claim for your injury, losses flowing from your injury and in some circumstances property damage as well. The MIB will deduct a £300 "excess" from all compensation claims, similar to a fully comprehensive insurance policy.

The MIB will not pay out on "subrogated" claims in untraced driver claims.  This includes the fact that they do not have to pay loss of earnings where you receive sick pay from your employer but are obliged to pay it back.

You are not entitled to interest on damages, so the longer you take to submit your claim the less the compensation is worth.  Unfortunately it also means that the longer they take to deal with the claim the less your damages are worth.

If you want to bring a claim then call us on (01296) 662770 to discuss the matter.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.