Accident with an uninsured and untraceable driver – What are your options?

If you have been in an accident with an uninsured driver, there are a number of options you can follow to be compensated through the Motor Insurers’ Bureau.

Uninsured Driver Accidents

With the winter weather comes the inevitable increase in accidents on the roads. Unfortunately not all drivers follow the rules of the road, or the laws of the land. The number of claims against uninsured drivers had been steadily reducing since 2004, however, last August, the Motor Insurers’ Bureau (MIB) published figures that showed that claims against uninsured drivers had risen by almost 10%.

It is thought that there are around a million uninsured drivers on UK roads. The law states that it is illegal to drive a vehicle on a road or in a public place without at least third-party insurance. However, there is a real chance that legal and insured drivers might be involved in an accident with an uninsured or untraceable driver.

What to do if you are involved in an accident with an uninsured driver

If you are unlucky enough to be involved in an accident with an uninsured or untraced driver, it is still possible to bring a claim. The MIB are an insurer funded company established in 1946 to compensate victims of negligent uninsured and untraced motorists.

However, before deciding whether a claim should be submitted to the MIB there are four simple steps that you should follow.

1. Collect All The Details You Can

It is vital to get as much information from the scene of the accident as you can. If you can, exchange full names, addresses, contact details, insurance details etc. At the very least you should get the vehicle registration, make and model. With smartphone cameras it is easy to get photographs of the scene. This is the best way to make sure you have all of the right information.

2. Consider Reporting The Accident To The Police

It is a criminal offence for a driver involved in an accident to fail to supply details or flee the scene. If this happens you must report it to the police, and make sure they provide you with a log number. For the MIB to be able to deal with an accident claim they must have a log number and the accident must have been reported to the Police “as soon as reasonably practicable”. Our advice is to do this sooner rather than later.

3. Report The Accident To The Police

It is a criminal offence for a driver involved in an accident to fail to supply details or flee the scene. If this happens you must report it to the police, and make sure they provide you with a log number. For the MIB to be able to deal with an accident claim, particularly if the driver is untraceable in accidents such as a ‘hit and run’,  they must have a log number and the accident must have been reported to the Police “as soon as reasonably practicable”. Our advice is to do this sooner rather than later.

4. Check for an Uninsured Vehicle

You can find out whether the other vehicle was insured through your insurance company or Solicitor. They will check the to see whether the other vehicle was insured at the time of the accident. If no insurance details can be found, then the claim will most likely need to be submitted to the MIB.

How Will The MIB Deal With Your Claim?

When the MIB agrees to deal with your claim it is either under the terms of the Uninsured Driver Agreement or Untraced Driver Agreement.

Each of these agreements has a strict set of rules which must be followed in order for a claim to be successful. These dictate the level of compensation you can expect to recover.

It is always best to obtain legal representation to help you and guide you through the process and make sure you recover the full compensation that you are entitled to.

If you’ve been injured in an accident with an uninsured or untraced driver our team of solicitors can help. We have extensive experience dealing with these claims, so call us and we can help you through the process.

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