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MIB comes to the rescue if you're hit by an uninsured driver
It is against the law to drive without insurance on UK roads. However there are still many people out there who drive uninsured. Most of us do not realise the problem these drivers causes until we find ourselves in a situation where we are involved in an accident with a driver who does not have any insurance cover.
Many insurers will have exceptions specified on their policy to exclude claims relating to uninsured drivers. This is because they will not be able to get the money back from the third party if the driver does not have car insurance in the first place.
If you are hit by a driver who has valid car insurance, the claim side of things will be straightforward. However if the driver is not insured, then things get really complicated. Having to pay for an accident which is not your fault in the first place is harsh and dealing with the trauma can be dreadful as well but there are things which you can do to ease the pain.
What can victims of an uninsured driver do?
The very first thing you should do is get all the information about the driver and the vehicle he's driving - name and address, vehicle registration number, witnesses details, pictures of accident etc. Then you need to report the accident to the police (for personal injury claims, you need to report it within 14 days and for property damage claims within 5 days).
If you have been injured in any way, you need to go to your GP or the hospital so that the medical notes can be used as solid proof of injury.
Even though insurance companies will refuse claims arising from drivers who do not have car insurance in place, you can still make a claim to the Motor Insurer's Bureau (MIB). A while back, the MIB used to deal only with personal injury claims but nowadays they will also take into consideration claims for vehicle repairs and property damage. It is very important to have a police case number when contacting the MIB and you're more likely to have a successful claim if you appoint an MIB claims lawyer to deal with your case.
Your claim will go into one of the 2 categories they have - for cases where the driver did not have valid insurance, it will go under the Uninsured Drivers Agreement and for situations where it was a hit and run, it will go under the Untraced Drivers Agreement. You will be given the right compensation for personal injury or damages provided you have a solid case put forward to the MIB, hence it's crucial that you get in touch with a solicitor who has experience dealing with MIB claims.
Compensation from MIB for uninsured driver accident
I have been involved in an accident with an uninsured driver. The MIB have paid me £30,000 compensation in full and final settlement which I have accepted. The uninsured driver owns or has a mortgage on his property and has no disposable income. Can the MIB take him to court and apply for a charging order on his property for security of the £30,000?
[Migrated from previous topic 10959 dated 10 Apr 2010]
The Motor Insurance Bureau (MIB) will definitely try to recover the money from the uninsured driver. Most of the time, drivers do not purchase car insurance because they cannot afford it and this makes it harder to get any money from them since they are weak financially. However, the MIB will prosecute them and take them to court where they will have to reveal how much they earn, what assets they have etc. The courts will eventually find a way to make them pay little by little what they can until they clear the debt.
If there's a way to recover the compensation costs arising from the claim, the MIB will surely exploit it.
[Migrated from previous post 857 dated 12 Apr 2010]
Hi Thanks for your answer. Regards
[Migrated from previous post 888 dated 12 Apr 2010]
Hit at the traffic lights by uninsured driver
I was waiting at the traffic lights and was hit from behind. Now there's a big dent in my car and I have found out that the person who hit me was not insured. What do I do?
[Migrated from previous topic 10576 dated 03 Aug 2009]
If you have been hit by an uninsured driver, then chances are that you will have to fork out the money for any repairs to your vehicle from your own pockets. With comprehensive cover, you can get the repairs done but you will lose your no claims discount and will have to pay any excess you have agreed to when you took out the policy.
You always sue the driver who was not insured and yet driving but that's going to take a long time. If you do have the patience to go through with it and the person has the money to pay you, then you will eventually get your money back. However if the person is in financial hardship, then the court might allow him to pay you a fraction of the cost every month.
[Migrated from previous post 447 dated 03 Aug 2009]
I was involved in a school bus wreck where the driver that hit me didn't have insurance and the school bus only have liabilty only and I was on a policy with other person who police had lapsed prior to the wreck is there any way I can get personal compensation?
Wife involved in a hit and run and only have part of the plate but the police say they can't do anything to find this person... Crap as we all know they have the means to do so. The description and part of the plate would at least start the follow of an inquiry. Just like advice on the situation stated above Thank You!
My little boy was hit by a car while crossing the road, he is only nealry 3 years old. I did not manage to get the number plate. My little boy has spent time in hospital and has been left with having fits for how long.. myself nor the doctors can say.
How will I go around claiming and would my son even be entitled to anything?