Accidents caused by uninsured or untraceable drivers
It can be traumatic enough to be involved in a Road Accident but if the person at fault for the accident turns out not to be insured to drive the vehicle, is untraceable or if the vehicle they are driving is stolen, the whole incident can become even more upsetting.
Uninsured or untraceable drivers can cause injuries to other drivers, passengers, cyclists, motorcyclists or pedestrians.
If you are unfortunate enough to be injured as a result of a road traffic accident, which was not your fault, regardless of whether the driver at fault was insured, then you may be entitled to make a personal injury compensation claim. However, the way in which you make your accident compensation claim may be slightly different than normal.
If the third party vehicle has no applicable insurance or is untraceable, we can still deal with your claim. Your claim will be submitted through the MIB.
What is the MIB?
The Motor Insurers’ Bureau (MIB) is an organisation which deals with claims for innocent members of the public who have been injured or had their property damaged by an uninsured or untraced driver. It is always an option to deal with the Motor Insurers’ Bureau directly; however, the procedure may be a complicated and lengthy one and most people prefer to have professional legal assistance with this.
How will you deal with my uninsured or untraceable claim?
If you have been involved in a road traffic accident with an uninsured driver then it is important to find out whether the driver or the vehicle itself is insured. If the driver is not insured, but the vehicle is insured to be driven by someone else, we will initially direct the claim to that insurance company. If the insurers refuse to satisfy the claim, or there is no applicable insurance at all, we will redirect the claim to the MIB.
The accident must have occurred however on a public road or area to which the public and their vehicles have open and unfettered access. There is a legal obligation for everyone to have insurance for their vehicles if driven on public roads. There is however no obligation to have insurance for vehicles on private roads or places. Employers must have employers liability insurance for employees driving vehicles on their premises but there is no corresponding duty to have public liability or other insurance to cover other vehicle accidents involving members of the public or third parties on the employers private land.
If however you have been involved in a road traffic accident with an untraceable driver, then we will initially make enquiries with the police to establish whether they can trace the offender. If the Police manage to trace the driver responsible for your accident and they have a valid insurance policy in force then we can make your personal injury compensation claim as normal to the pertinent insurance company.
If the Police do not manage to trace the driver responsible for your accident at all then your only option may be to approach the MIB directly to see if they can help you under the untraced driver’s agreement. The way in which we fund untraced claims through the MIB is slightly different, and we would be happy to discuss this with you.