It is regrettably the case that occasionally a road accident is caused by a driver who is either uninsured or who cannot be identified.
The government has established the Motor Insurers Bureau (M.I.B.) to provide compensation to victims of such accidents.
Great care is needed the M.I.B. is able (and will) avoid liability and payment of compensation unless strict criteria are adhered to.
Where the identity of the insurer is known – but he is un-insured:
- The victim must demand details of the driver’s insurers (as soon as practicable).
- Notice must be given to the M.I.B. within 14 days of the issue of proceedings – and thereafter at every key step in the proceedings against the uninsured driver.
- The application must be made to the M.I.B. within three years of the accident.
If the necessary procedural requirements are met the M.I.B. will discharge any liability under a judgment against the un-insured driver – including orders for costs.
Where the driver is un-traced the M.I.B. will provide compensation for personal injury – but not for damage to property. To succeed in a claim
- the accident must be reported to the Police within 14 days of the accident – or as soon as possible.
- the claim must be filed with the M.I.B. within 3 years.
- In the case of an untraced driver there can be no court proceedings – because there is no identified defendant and so the M.I.B. will assess the level of compensation – using the same criteria as would be applied by a Court. The M.I.B. will only pay a small fixed contribution to legal costs on un-traced driver cases.