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Claims against untraced drivers

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If you are unlucky enough to be involved in a road traffic accident and the driver of the vehicle that caused the accident is untraceable, it is still possible for you to seek compensation by making an application under Untraced Driver’s Agreement to the Motor Insurer’s Bureau. The application will need to be made within 3 years of the accident. It needs to be submitted in writing. It would be necessary for you to have reported the incident to the Police within 14 days of the incident. If you are claiming for damaged property then you must report the accident within 5 days. Claims for damaged property are limited to a million pounds and there is a £300.00 excess.

Definition of “untraced” is that the driver of the vehicle was never identified or known.   

Once the Motor Insurer’s Bureau receive the application they will arrange for you to be medically examined, usually this will involve instructing an expert of their choice. They will also arrange to obtain your medical records. Upon the recommendation of the expert the Motor Insurer’s Bureau may agree to fund further treatment such as physiotherapy. In due course the Motor Insurer’s Bureau will confirm whether or not the claim is admitted and if they agree to make an award then this will be offered in writing. If you do not agree with the award you can submit your comments and request that the award is reviewed and if the Motor Insurer’s Bureau decline to reconsider the award, you can appeal to an arbitrator. This appeal must be made within 6 weeks of the original notification.  The arbitrator will consider the appeal usually by way of paper evidence but an oral hearing can be requested by either party and also by the arbitrator.

If you would like any advice please contact the Personal Injury team. Or read more about how we can help on our personal injuries page.