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Accidents Involving Untraced or Uninsured Drivers

There are five safety nets for injured victims after road traffic accidents as follows;

• Compulsory insurance
• The Road Traffic Act S151-152
• The Uninsured Drivers Agreement with the Motor Insurers Bureau (MIB)
• The Untraced Drivers Agreement with the MIB
• The CICA

All drivers are required, by law, to have insurance against liability for personal injury caused to others. Under the act, the policy must cover any liability which may be incurred in respect of the death of, or bodily injury to any person which occurs on a road in Great Britain. This section also covers damage to property.

If you have been involved in an accident involving a motor vehicle, whether you were a cyclist, pedestrian, driver or passenger and it was not your fault, then you may be entitled to compensation.

However, there may be occasions when there is either no insurance at all or the insurers can avoid the policy or refuse indemnity, due to a breach of a condition.

There will also be some occasions where the driver is untraceable, for example in a hit and run incident or where false details were given at the scene of the accident.

The Motor Insurers Bureau was set up following an agreement in 1946 with the Ministry of Transport. The MIB undertook to compensate victims of uninsured drivers. In 1969 the MIB agreed to compensate the victims of untraced drivers.

The funds available to the MIB are provided by the insurance companies themselves. The agreements lay down various procedural requirements which must be followed in order to proceed with a claim.

Whilst it is possible to pursue a claim through the MIB Agreements, the rules under the agreements must be adhered to and they can be very complex. As specialist lawyers, we are able to assist you in pursuing a claim through this avenue.

Uninsured Drivers Agreement

If the Third Party involved in the accident is identifiable but they are not insured, an application can be made to the MIB for compensation under the Uninsured Drivers Agreement. Under the agreement, you will be entitled to claim compensation for your injuries and subsequent financial losses. In addition, your lawyer will be able to claim for the costs incurred in pursuing the claim on your behalf.

If you have been involved in an accident, where the third party driver was uninsured, please click here to contact us, or phone Ashley Hunt direct dial on 0116 212 1119, or use the form below.

Untraced Drivers Agreement

If the driver of the vehicle involved in the accident cannot be traced or identified, then an application may be possible under the Untraced Drivers Agreement. There are, however, strict reporting requirements and if you are involved in an accident with an untraced driver, you must report the incident to the police within 14 days of the incident. Failure to do so may result in the claim being rejected.

Unfortunately, in cases involving untraced drivers, the MIB only pay a contribution to legal costs and it would therefore be necessary to agree to surrender 30% of your compensation, by way of payment of your legal costs.

If you have been involved in an accident, where the third party driver is unknown please click here to contact us or call Ashley Hunt on 0116 212 1119. (Link to form)

CICA

If the injury caused to you was caused deliberately by the driver of the vehicle, then under the MIB agreements, they will not be liable to pay damages. However, in these circumstances, a claim could be perused via the Criminal Injuries Compensation Authority.

Car Accidents Form

Personal Details

Surname

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Forename

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Email Address

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Home Telephone

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Mobile Telephone

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Best time to call?

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From time to time Lawson-West may wish to contact you with special offers or other information that may be of interest to you. Please indicate whether or not you are happy to receive such communication from Lawson-West.

Please select:

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Accident Details

A) How old is the claimant?

years

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B) Were you the:

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(1) Driver

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(2) Passenger

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(3) Cyclist

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(4) Pedestrian

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C) If you were the driver, passenger or cyclist, how did the accident happen?

(1) Was your vehicle hit from behind?

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(2) Did a vehicle turn right in front of you?

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(3) Did another vehicle pull out from a side road?

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(4) Did you collide with the vehicle in front of you?

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(5) Did you turn right in front of someone?

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(6) Did you pull out from a side road?

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D) If you were a pedestrian, how did the accident happen?

(1) Were you on a designated crossing?

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(2) Were you running across the road?

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(3) Were you on the pavement?

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E) Had you been drinking?

Please select:

Yes No

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F) What was the date of your accident?

dd/mm/yyyy

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G) Do you have the name and address of the driver of the other vehicle?

Please select:

Yes No

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H) Do you have the registration number of the other vehicle?

Please select:

Yes No

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I) Did the Police attend the road accident?

Please select:

Yes No

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J) Did the other person admit liability?

Please select:

Yes No

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K) Were you exceeding the speed limit?

Please select:

Yes No

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L) Did anyone else witness the road traffic accident?

Please select:

Yes No

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M) When did you go to your GP/Hospital?:

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(1) Within 24 hours

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(2) Within 1 week

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(3) Longer than 1 week

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(4) Not at all

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N) Any Additional Information

Please let us know of anything else you feel may be pertinent

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Please ensure that you have completed all the required fields (marked with *) and then click submit to send the form.