Yes, you can claim against the The Motor Insurers’ Bureau (MIB). The MIB is funded through insurance premiums paid by insured motorists through a monthly levy on motor insurers. If you, the innocent party has insurance, you are entitled to claim.

Personal Injury

You are advised to seek medical attention immediately and to take photographs of all vehicle damage and injuries. The MIB will organise the compiling of a report perhaps calling in a rehabilitation team to assess future needs and costs.

• You must make your claim for injury within threeyears of the accident date.
• You must make your claim for vehicle/property damage within three years of the accident date in Scotland and within six years in the rest of the UK.
• You must keep any losses to a minimum (otherwise known as mitigation of losses).
• You are advised to report the incident to the police within 14 days for personal injury or within five days for vehicle/property damage.

Exceptions to You Bringing a Claim

You cannot bring a claim if you allowed yourself to be carried in a vehicle when you knew or ought to have known that the vehicle was either stolen, uninsured, driven by someone under the influence of drink or drugs, or used to further crime.

Legal Steps

If we take your case on, we would act on a Conditional Fee Agreement (No win, no fee).

We would make a claim against both the third party and MIB. If your claim is successful the MIB would meet your claim and pay any compensation due to you.

If 7 days after final judgment against the Defendant driver, the claim is not satisfied, the MIB will meet the claim together with costs.

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The Motor Insurers’ Bureau (MIB) can deal with your claim under the 2003 Untraced Driver’s Agreement (as amended). The claim must be brought within the usual three year limitation period.

Property Damage Claims

Compensation for property damage is a feature of the Agreement granting compensation for damages with an excess over £300 (Clause 1).

If you wish to claim for property damage (e.g. vehicle damage) you will need:

• Evidence of the damage and the cost of repair or replacement
• Invoice and objective proof of payment.
• Report from a suitably qualified expert setting out the damage caused and the cost of repair or replacement.

Personal injury claim

You must report the accident to the police within 14 days. However where there is property damage this is reduced to five days or as soon as reasonably possible.

You will need proof of the fact that you reported your accident to the police.

Exclusions from the Agreement

• Damaged property caused by an unidentified vehicle
• When the injured person allowed themselves to be carried in the vehicle when they knew or ought to have known that the vehicle was either stolen, uninsured or used to further crime.

Appeal Procedure

• Six weeks to appeal against the MIB’s decision.
• The MIB will within 7 days, investigate any further evidence supplied by you.

Action

We would represent you on a Contingency Fee Basis whereby 25% of your damages is deducted as a contribution towards legal costs.

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