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Partner and Head of Family Law, Rugby
Unfortunately there are many vehicle drivers who flout the law and fail to insure their vehicle. However, should you be involved in an accident caused by an uninsured driver and suffer damage as a result, all is not lost because you are able to pursue a claim against the Motors Insurer’s Bureau (MIB), also known as the insurer of last resort.
If, after an accident, the guilty party claims to be uninsured it is important that you firstly obtain evidence to verify this. You should, of course, notify the Police and obtain the driver’s name, address and date of birth. The Police could seize the driver’s vehicle and then the uninsured driver could be facing endorsement to their licence for six penalty points and a fine of £300.00. In addition to reporting the matter to the Police, it is also important to make a check against the Motor Insurer’s Database (MID) which will confirm whether the vehicle was insured.
Once you have confirmation that the driver was uninsured an online application to the MIB can be made. The MIB deals not only with claims against uninsured drivers but also drivers who cannot be traced i.e. hit and run drivers. I will deal with the latter in another blog in the future.
On average the MIB deals with about 20,000 applications for victims who have suffered injury as a result of uninsured drivers. Upon receiving the application the MIB will carry out its investigations and, in due course, confirm whether or not liability is admitted. If liability is disputed then Court proceedings will have to be commenced. The MIB will have to be named as a party to the claim on the Court Claim Form.
If a settlement is reached or if the matter goes to Court and an Order is made, the MIB will probably seek indemnity from the uninsured driver, not only for the compensation paid but also for any costs incurred.
Please get in touch if you would like to discuss matters.