How Is Compensation For MIB Claims Calculated?
By Cat Reeves. Last Updated 24th November 2023. In this guide, we discuss how MIB claims are calculated and explain the process of claiming for a road traffic accident this way. The Motor Insurers’ Bureau compensates victims of accidents caused by uninsured or untraceable drivers. Our guide also outlines the resources that both solicitors and the MIB consult with to value your injuries.
Additionally, we take a look at the different forms of compensation you could claim for and explore the criteria that you must meet in order to claim. Our guide also covers what evidence will be useful in proving liability and what time limits you should adhere to when making a claim.
Furthermore, we discuss the benefits of working with a road traffic accident solicitor and how No Win No Fee agreements work if you are to be offered such.
Please continue reading for more information on MIB claims. Alternatively, if you would like, you can speak with an advisor on how claims made through the MIB work using the following methods:
- Calling us on 020 3870 4868
- Completing our online form to contact us
- Using our live support feature for advice
Browse Our Guide
- How Are MIB Claims Calculated?
- When Could You Claim Through The MIB?
- What Evidence Is Needed To Make An MIB Claim?
- What Are The Time Limits For MIB Claims?
- Can I Work With A No Win No Fee Solicitor When Making A Claim Through The MIB?
- Learn More About When You Could Claim Via The Motor Insurers’ Bureau
MIB claims can be made in regard to the injuries you sustain in a road traffic accident caused by an uninsured driver. Claims made through the MIB are calculated in the same way as a personal injury claim for a road traffic accident made against a fault driver. You could receive two heads of claim when making a personal injury claim. General damages are one kind. These cover the pain and suffering you have experienced due to your injuries.
Legal professionals, insurers, and the MIB may consult the Judicial College Guidelines when valuing your injuries. These provide compensation brackets for numerous injuries. Figures are depicted in the table below. However, these are not definite representations.
The payout decided upon in your settlement may vary compared to these, so they should only be looked at provisionally.
Additionally, it should be noted that the top entry is not featured within the JCG.
|Multiple Serious Injuries & Special Damages||Severe||A combination of multiple severe injuries and financial losses, such as lost earnings, mobility aids, and home adjustments.||Up to £1,000,000+|
|Head||Very Severe (a)||There is little if any language function or response to the environment.||£282,010 to £403,990|
|Head||Moderately Severe (b)||There is serious disability causing a need for constant professional care. Intellect and personality are markedly impaired.||£219,070 to £282,010|
|Head||Moderate (c) (iii)||Sensory impairment is present, as well as vestibular symptoms. Concentration and memory are affected.||£43,060 to £90,720|
|Leg||Below-Knee Amputation of One Leg (a) (iv)||Amputations with no complications are at the lower end of the bracket. Instances such as traumatic amputations when the person is conscious will be toward the higher end.||£97,980 to £132,990|
|Arm||Loss of One Arm (b) (ii)||Amputation is above the elbow though a short stump may cause difficulties for the functioning of a prosthesis.||£109,650 to £130,930|
|Arm||Severe (a)||Injuries that are very serious and just falling short of amputation such as a serious damage to the brachial plexus.||£96,160 to £130,930|
|Back||Severe (a) (iii)||Discs are fractured or soft tissue injures leading to chronic conditions where disabilities continue despite surgery.||£38,780 to £69,730|
|Back||Moderate (b) (ii)||Ligaments are disturbed, causing backache and soft tissue injuries have caused a prolonged acceleration of a pre-existing condition.||£12,510 to £27,760|
|Whiplash||More than 18 months, but not more than 24 months||Amount – Regulation 2(1)(b) Whiplash and minor psychological injuries||£4,345
|Whiplash||More than 15 months, but not more than 18 months||Amount – Regulation 2(1)(b) Whiplash and minor psychological injuries||£3,100
How Special Damages Could Also Compensate You
After being injured in a car accident, making a claim for special damages may be possible. These, like general damages, are a form of compensation. Special damages cover the monetary losses you have experienced due to your injuries and accident.
They aim to restore you to your financial position before the accident. Regarding MIB claims, evidence will be useful when claiming for these losses.
Examples of such losses and the evidence that could support them include:
- Property damage can be shown through photographs of the physical impacts on your vehicle.
- Payslips to illustrate a loss of earnings from taking time off work.
- Invoices or bank statements to show the costs of home or vehicle adaptations.
Evidence will be beneficial in showing the losses that your injuries have caused you to suffer and are significant to the success of your claim.
The Motor Insurer’s Bureau (MIB) helps those who have been injured by uninsured or untraceable drivers in the UK claim compensation. However, in order to claim through the MIB, your case needs to meet the personal injury claims criteria.
All road users owe each other a duty of care to use the roads in a way that prevents harm to themselves or others. To uphold this duty, they’re expected to comply with the Highway Code and the Road Traffic Act 1988.
In order to make a personal injury claim, you have to be able to prove that:
- You were owed a duty of care.
- There was a breach of this duty.
- You suffered injuries as a result.
To learn more about the Motor Insurers’ Bureau and compensation amounts for road traffic accident claims, contact our team today. Alternatively, read on to learn more about MIB claims.
As previously mentioned, evidence will be advantageous to your claim. This can help to illustrate the fault of the other road user. Examples of this include:
- CCTV or dashcam footage.
- Copies of medical records and a diary containing information about your symptoms and mental state after your injuries.
- Witness contact information.
If the accident was your fault, then you would be unable to make a claim through the MIB even if the other party was uninsured or untraceable.
Solicitors can assist you in acquiring these forms of evidence. Our advisors can discuss evidence for claims made through the MIB further if you want to contact us.
According to the Limitation Act 1980, making a claim for your car accident injury should typically be done within three years from the date of your accident or the date you knew of the negligence involved.
Exceptions to this are as follows:
- If a person was under eighteen at the time of the accident. They have three years from their eighteenth birthday to start a claim.
- Lacking the mental capacity to claim can prevent an individual from starting a claim at the time of the accident. If the person regains their mental capacity, they will have three years from this date.
Please contact our advisors if you want more information about making a claim via the MIB.
If you are ready to start your personal injury claim, a solicitor from our panel could help you through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement that allows you to work with an expert solicitor without paying them any upfront or ongoing fees for their services. Likewise, if your claim fails, you won’t be expected to pay for their work.
In the event that your claim succeeds, you will pay a success fee. This fee is agreed upon in advance and taken as a small percentage of your compensation. However, the percentage your solicitor can take is subject to a legal cap, which helps to ensure that the majority of what you receive stays with you.
Our team of advisors are here to help if you’d like to learn more about MIB claims, the Motor Insurer’s Bureau, or compensation amounts. They can also offer a free evaluation of your claim, following which they could connect you with a solicitor from our panel. To get started:
Thank you for reading our guide on MIB claims. If you found the guide useful, you can find more information below:
- Who Is Liable In A Multi-Vehicle Accident
- Vulnerable Road User Accident Claims
- How To Calculate Car Accident Claim Payouts
For external resources, please visit the links listed: