MIB Untraced Driver Accident Claims Explained
By Cat Reeves. Last Updated 15th November 2023. Welcome to our guide explaining the Motor Insurers’ Bureau (MIB) untraced driver claims. If you’ve been injured in a car accident and the faulting motorist cannot be traced, you could still claim compensation via the MIB.
There have been recent changes to the claims process for road traffic accident claims injuries valued under £5,000. If you’re a motor passenger or driver, your injuries are valued under £5,000, and you are over 18, you must now apply for compensation through an online portal. These changes are upheld in the Whiplash Reform Programme. However, these rules only apply when the driver at fault is known, so you would still claim via the MIB if an untraceable driver has harmed you.
Read on to find out more about how to claim via the MIB if you’re injured by an untraced driver. You can also get in touch with our team of advisors at any time for free legal advice without any obligation to start your claim. If you decide you want to start a claim, you can talk to a solicitor from our panel, who can guide you through the MIB claims process.
Select A Section
- What Is The Motor Insurers’ Bureau?
- MIB Claims
- How Do You Make A Claim Against An Untraced Driver?
- MIB – How Long Do I Have To Claim?
- MIB Payout Examples In The UK
- MIB Payout Amounts – Guidance On Claiming With A No Win No Fee Solicitor
The Motor Insurers’ Bureau (MIB) helps provide car accident compensation to those who have been injured in a road traffic accident with an uninsured or untraceable driver or those who have been injured in a hit and run.
However, being hit by an uninsured driver alone is not enough to make a claim. In order to form the basis of a valid personal injury claim, you have to be able to establish that:
- You were owed a duty of care.
- This duty was breached.
- You were injured as a result.
All road users owe each other a duty of care. This means that they must navigate the roads in a way that prevents harm to themselves and others. To uphold this duty, road users have to comply with the Road Traffic Act 1988 and the Highway Code.
If an uninsured or untraceable driver breaches their duty of care and you are injured as a result, you may be able to make a claim for compensation. Contact our team of advisors today to learn more about MIB claims, or read on to find some MIB payout examples.
You could also start to gather evidence to help your case. The more evidence you provide to the MIB, the quicker they are likely to make a decision on your application for compensation. You don’t need a lawyer to help you collate evidence, but it could be useful to hire one. A solicitor will have experience with such claims and can advise you on what evidence will support your case the most. Some examples of evidence could include:
- Witness statements
- Medical reports
- CCTV footage
If you would like to hire a solicitor to help you with this process, you can get in touch with us today.
When claiming through the MIB, an uninsured driver being responsible for your injuries does not affect your right to claim. Additionally, you will be required to start your claim within the same amount of time as if you were claiming against the faulting party directly. As stated in the Limitation Act 1980, you have 3 years from the date you were injured to begin the process of making a claim. The same rules apply if you are claiming through the MIB for an untraced driver accident.
In some cases, you may not be aware you were injured until after the accident has occurred, as the symptoms may not present themselves until further down the line. If so, it can be possible to use the “date of knowledge” as the start of your time limit. You’ll need to present evidence such as medical records containing the date of your diagnosis or something similar.
For child injuries, the time limit is suspended until they turn 18. Whilst a claim can be made for them before this date by an appointed litigation friend, the child cannot legally pursue their own claim until adulthood – when their time limit also begins.
If the claimant lacks the mental capacity to make a claim, their time limit is suspended until the date on which they are deemed to have recovered – if this occurs. If they never reach this stage, then it remains suspended, and their claim must be made by an appointed litigation friend.
Get in touch with our advisors today if you have any questions about claiming through the MIB.
You may need to claim through the MIB if an untraced driver harmed you due to negligence. If this is the case, your compensation will largely be calculated in the same way as if you were claiming against the other driver’s insurance instead.
A few different factors can affect how much your general damages payment may be worth – this is the amount that’s awarded in line with the level of pain and suffering your injuries cause you.
When your settlement is being calculated, the legal professionals responsible for doing so turn to a few different resources to assist them. One of these is a publication called the Judicial College Guidelines (JCG). The table below contains MIB payout examples that relate to certain injuries.
Regardless, the amounts shown in the table below have been taken from the 2022 edition of the JCG. You can use these figures to give you a rough idea as to the value of your general damages payment.
At the top of the table, you will find some of the amounts listed in the Whiplash Injury Regulations 2021 tariff. These are fixed amounts.
Injury Amount Notes
Multiple Serious Injuries Plus Special Damages Up to £1,000,000+ Multiple serious injuries resulting from a car accident alongside lost earnings and other financial losses
Leg Amputation (i) £240,790 to £282,010 The loss of both legs. Both above the knee or one above the knee and one below. This bracket will be judged on associated psychiatric issues, the success of prosthetics, phantom pains and other side effects such as backache.
Achilles Tendon - Most Serious In the region of £38,430 Severance of the tendon and muscle giving rise to cramp, restricted ankle movement and swelling.
Deafness (c) £31,310 to £45,540 Total loss of hearing in one ear. There may be associated issues, such as tinnitus, headaches and dizziness.
Brain Damage - Very Severe £282,010 to £403,990 There is a need for full time, professional nursing care. There is some recovery of waking and sleeping patterns, and the ability to follow some basic commands.
Back Injuries - Severe (i) £91,090 to £160,980 The most severe back injuries, including damage to the spinal cord or nerve roots, with severe pain and disability.
Injuries To The Pelvis And Hips (a) (i) £78,400 to £130,930 This bracket contains extensive fractures of the pelvis, with damage to the lower back and intolerable pain.
Neck Injuries - Severe (i) In the region of
Injuries associated with incomplete paraplegia or permanent spastic quadraparesis.
Whiplash Injury + Psychological Injury £4,345 Symptoms lasting 18-24 months
Whiplash Injury £4,215 Symptoms lasting 18-24 months
Special Damages From The MIB – Untraced Driver Claims
If you make a successful claim through the MIB against an untraced driver, you may also be awarded special damages. This aims to compensate you for the financial losses you have suffered due to your injury.
Some examples of the financial losses you may be compensated for in your MIB claim include:
- A loss of earnings caused by taking time out of work to recover from your injuries.
- Prescription costs.
- Travel expenses, such as taxi fares to medical appointments or work.
You’ll need evidence that can highlight any monetary losses you have incurred. For example, a wage slip can prove a loss of earnings. Bank statements or receipts could be used to prove other expenses.
Our advisors are available 24/7 and can offer you free guidance. They also could provide you with further MIB payout examples.
There are many benefits to working with a No Win No Fee solicitor on your car accident compensation claim. For example, a solicitor could help you gather evidence to support your case and could also help explain complex legal jargon.
Our panel of solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Under this kind of agreement, you can instruct a solicitor without paying any upfront fees for them to start working on your case. Similarly, they won’t require any ongoing fees to continue working, nor will they take a fee for their services if your claim doesn’t succeed.
Should your claim be successful, your solicitor will take a small, legally-capped success fee. This is deducted from your compensation as a percentage, which is limited by law, to allow you to keep the majority of what you receive.
Contact our team of helpful advisors today to find out if working with a solicitor from our panel could be right for you. They can tell you more about the MIB claims process, and may be able to offer further help regarding MIB payout examples and how much compensation you could receive. To get in touch:
Learn More About Road Accident Victim Support
Thank you for reading our guide about how to make a claim through the MIB for an untraced driver accident. We hope you found it helpful. To learn more, please see below.
- My Child Got Hit by a Car – Can I Claim a Payout? – Use this article to find out how compensation claims work if your child is hit by a car.
- Cyclist Hit by a Car – Our guide on claiming compensation as a cyclist if hit by a car.
- How Long do You Have To Report a Car Accident? – Discover the time limitations attached to reporting a car accident.
- Department for Transport Statistics – Statistics from the government about the transport systems in Great Britain.
- Guide to Making a Claim – The MIB’s guide on the process of claiming with them.
- Physiotherapy – Find the closest physiotherapy service to you.
- If you’d like to find out more about claiming through the MIB if an untraced driver injured you, get in touch.
Checked by HT