Throughout a number of recent cases, it has become apparent that many claimants are unaware of the existence of the Motor Insurers’ Bureau (MIB) or its function. For example, we have been instructed by many clients who felt they had no means of achieving justice after suffering injuries as a result of ‘hit and run’ accidents. These clients considered that as they could not identify the offending vehicle or driver, who had left the accident scene illegally, they would be unable to pursue the matter further. It therefore came as a pleasant surprise when we were able to advise these clients that one of the MIB’s primary functions is to investigate and compensate claimants in such circumstances.
In summary, the MIB is an agency that assists claimants who are unable to achieve compensation for injuries, vehicle and/or property damage following road traffic accidents through the normal routes, such as insurance claims. Broadly, MIB claims fall into one of the following three categories:
(1) Untraced – this is where a claimant is involved in an accident in the UK with a vehicle/motorist which cannot be traced. As alluded to above, the most common examples of this are ‘hit and run’ incidents, where the offending motorist has left the accident scene illegally. Provided the claimant is able to illustrate that the accident occurred, and they suffered a loss as a result, the MIB will generally agree to compensate them. Examples of this include images of the accident scene, police reports and medical records which corroborate that the accident occurred as claimed.
(2) Uninsured – this is where a claimant is involved in an accident in the UK with an uninsured vehicle. This is different to an untraced matter in that the claimant is able to identify the vehicle/and or offending motorist, however the vehicle is simply uninsured.
(3) Foreign registered (Green Card claims) – this is where a claimant is involved in an accident in the UK with a vehicle registered outside the UK. Again, this is different to an untraced or uninsured matter as the claimant is able to identify the vehicle and/or offending driver, however the vehicle is either uninsured, or insured by a foreign insurance company which cannot be traced.
In each of the above categories, before agreeing to compensate claimants, the MIB will investigate each incident until all lines of enquiry have been exhausted. For example, in an in untraced matter, the MIB will liaise with the claimant and the police in order to identify the offending vehicle, and in turn, their insurance company, who will be liable for any compensation due. In Green Card claims, the MIB will collaborate with foreign insurance bureaus in order to identify a foreign insurer for the offending vehicle, who can direct them to their UK agent. The MIB will then revert to the claimant/their solicitor to confirm details of the insurer or UK agent, and request that their claim is redirected to them.
In conclusion, it is useful to be aware that in the event that someone finds themselves in the unenviable position of being involved in an accident in any of the above circumstances, there is an alternative route to justice and compensation, beyond the conventional avenue of insurance claims.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
For further assistance and guidance, you can contact our team on Tel; 02871 371705.
Written By Associate Director, Aaron Mullen.