By Danielle Graves. Last Updated 31st October 2022. If you’re considering making a claim for injuries sustained in an accident with an untraceable or uninsured driver, your claim could be made to the MIB, or Motor Insurers’ Bureau (sometimes it is incorrectly called the Motor Insurance Bureau). But what is the MIB, how does it work and are there things you should know about the Motor Insurers’ Bureau before you go ahead and make a claim to them?
things you should know about the Motor Insurers’ Bureau
This guide offers some valuable information about the MIB and how to make a Motor Insurers’ Bureau claim. While it is not a legal requirement to use a personal injury lawyer when making claims to the MIB, having a legal professional on your side who could help you build a strong case for compensation could give you the best chance of MIB claim success. If you’d like to talk to us about your case, or would like us to check whether you would be eligible to make a claim through the MIB, you can obtain a free no-obligation case check from the Legal Helpline team. We could also connect you with a No Win No Fee personal injury lawyer to take your case forward if we feel you have a valid claim. You can call us at any time on 0161 696 9685.
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- What Does The Motor Insurers’ Bureau Do?
- The MIB Ensures That There Are Funds To Pay Compensation From
- By Law, All Vehicle Insurers Must Pay Into The MIB
- They Could Compensate The Victims Of Uninsured Drivers
- The Untraced Drivers Scheme Could Help Victims Of Hit And Run Accidents
- They Are Responsible For Operating The MIB Green Card Scheme In The UK
- There Are Time Limits To Claim Through The MIB
- Motor Insurers’ Bureau Compensation Claims Calculator
- No Win No Fee Claims Through The Motor Insurers’ Bureau
- Resources
What Does The Motor Insurers’ Bureau Do?
Before we look at the things you should know about the Motor Insurers’ Bureau, we should first explain a little more about what the MIB is and why you could make a claim for compensation from them.
What Is The MIB?
The MIB or Motor Insurers’ Bureau came into being in 1946, and it was created to compensate the innocent victims of negligent motorists that were not insured or could not be traced. The objectives of the MIB are threefold. They aim to:
- Effectively reduce the impact and the level of uninsured driving (within the UK)
- Pay compensation to innocent victims of negligent untraceable or uninsured motorists in a prompt and fair manner
- Provide specialist claim services and high-quality management of data assets
What Does The MIB Do?
In terms of what the MIB does for claimants, it helps those that have been harmed financially, physically or mentally by uninsured/untraceable drivers access compensation when the usual routes to compensation do not exist or would be difficult to find. Eligible claimants could access compensation for property and vehicle damage, as well as personal injury if compensation cannot be claimed via another source, such as a motor vehicle insurer.
Call us today to learn more things you should know about the Motor Insurers’ Bureau if you’ve suffered due to an uninsured driver.
The MIB Ensures That There Are Funds To Pay Compensation From
When it comes to what you need to know about the Motor Insurers’ Bureau, one of the first things we should mention is that one of their responsibilities is to ensure that there are funds to pay compensation from. They do this by taking funds from the MIB compensation fund.
Who Funds The MIB?
The MIB is funded by every registered motor vehicle insurer in the UK, and in effect by every law-abiding driver who pays for motor vehicle insurance. Part of their premium could be used by the insurer to pay into the fund. They have agreements with the Department of Transport as to the governance of these claims, which include the Uninsured Drivers Agreement and the Untraced Drivers Agreement. These are reviewed at times to ensure they are up to date and accurate.
You can find the latest update for the Uninsured Drivers agreement here. This document covers England, Scotland and Wales. The latest Northern Ireland agreement update can be found here. The agreement for untraced drivers for Scotland, England and Wales can be found on this page and the latest document for Northern Ireland is here. There are also separate agreements for Jersey, Guernsey, the Isle of Man and Gibraltar.
Free advice on things you should know about the Motor Insurers’ Bureau is available from our advisors. They could help you start an MIB claim today.
By Law, All Vehicle Insurers Must Pay Into The MIB
According to the Road Traffic Act 1988, each and every insurer that takes part in underwriting compulsory motor insurance has an obligation to have a membership of the MIB, and as such, must contribute to the MIB compensation fund. An authorised insurer, as per the Act, is a member of the MIB who has obtained the permission under the Financial Services and Markets Act 2000 to carry out or effect relevant insurance contracts.
If you would like to learn more about things you should know about the Motor Insurers’ Bureau and find out if you are eligible to claim, contact our advisors.
They Could Compensate The Victims Of Uninsured Drivers
Another one of the things you should know about the Motor Insurers’ Bureau is that they could compensate the victims of uninsured drivers when other routes to compensation are blocked or do not exist. Claims through the MIB are usually the last resort, however.
If someone is involved in an accident and suffers property damage, vehicle damage or personal injury, they should, according to the MIB’s guidance, attempt to find out whether any insurance covers the vehicle that caused damage or injury. Other steps the MIB advise victims to take include:
- Exchanging names, insurance details, vehicle registration details and addresses with the other involved party
- Informing their own insurer
- Informing the police
Things you should know about the Motor Insurers’ Bureau claims process is if you are a driver with comprehensive insurance on your own vehicle, however, is that they will not accept a claim for damage to that vehicle. You would have to make a claim on your own policy for vehicle damage. However, you could still claim for personal injury through the MIB.
What Happens If You Hit An Uninsured Driver In The UK?
If you were to hit someone with your vehicle and you were insured, then the victim could make a claim against your insurer. If you were to hit an uninsured driver with your vehicle. However, the law may not always be on the victim’s side. By reporting the accident to the police, the victim’s own insurance status would be identified, and the police would be obligated to charge them for driving without insurance.
If you hit an uninsured driver but it was their fault you hit them, you may be wondering if you can sue an uninsured driver in the UK for compensation. Although you may be able to bring a claim against them in the civil courts, you might not be able to get compensation from them in this way. Therefore, you may have to pursue compensation through your own fully comprehensive insurance policy. If you don’t have a fully comprehensive policy, you may be able to claim through the MIB.
The Untraced Drivers Scheme Could Help Victims Of Hit And Run Accidents
You could make a claim for compensation through the Motor Insurers’ Bureau if you have been the victim of a hit and run, whether you were in another vehicle or are making a claim as a pedestrian. If you are considering making such a claim you must have reported the incident to the police within 14 days of the accident occurring. If you have suffered damage to your vehicle, you must also contact your own insurer and inform them of the accident.
There are some things you should know about the Motor Insurers’ Bureau and their take on fulfilling the criteria for an untraced driver claim. To make an uninsured driver claim under the Untraced Drivers Agreement, you would have to prove that the driver or user of the vehicle that caused the accident cannot be identified.
They Are Responsible For Operating The MIB Green Card Scheme In The UK
When it comes to things you should know about the Motor Insurers’ Bureau, this point would only be relevant if you were involved in an accident with a driver from another country or you were injured in an accident in another country that was not your fault, and the foreign country you were injured in is a member of the Green Card Scheme.
If you approach the Motor Insurers’ Bureau for an accident abroad claim, or you are making a Motor Insurers’ Bureau foreign vehicle claim for an accident in the UK, what you need to know about the Motor Insurers’ Bureau and their advice for preparing to claim is as follows:
- Ascertain whether the at-fault party is insured. You can then check whether they have a UK representative that could act on the behalf of the foreign insurer. If you find one (you can check this list to see if there is one), your claim could be made to the UK representative. If there is no UK representative, or you cannot identify the insurer, then a claim could be made to the MIB. If you are making a claim in the UK against a foreign insurer through an agent and are having difficulty, the Motor Insurers’ Bureau may be able to help.
- If you are the victim of an accident caused by a lorry from another country, you should attempt to get the registration details of both the cab and the trailer, as these could differ.
- If you’ve been given the details of the at-fault party’s green card, the details of the card, and a copy if possible, will need to be sent with your claim.
- If your vehicle has been damaged, you should attempt to obtain 2 quotations for its repair, as the law requires that losses claimed for are mitigated, ie, claimants do what they can to minimise their losses.
They Deal With Motor Accidents Abroad
There are some things you should know about the Motor Insurers’ Bureau and their advice to potential claimants.
Before submitting a claim to the MIB for an accident abroad, you should try to establish whether the driver that caused the accident was insured and which company insures them. I
The Motor Insurers’ Bureau could help if you cannot identify who the foreign insurer is, or if they do not have their details or you cannot establish a UK agent for the foreign insurer.
There Are Time Limits To Claim Through The MIB
One of the things you should know about the Motor Insurers’ Bureau is that they have time limits in place that could affect whether your claim is accepted. In most cases, the MIB claim time limit is similar to the usual personal injury claims time limit of 3 years from the date of the accident. However, if you are injured as a child and no adult makes a claim on your behalf, you may be able to claim up until you turn 21.
However, we would advise claimants to note that the MIB request that claims should be made as soon as is reasonably practicable.
Motor Insurers’ Bureau Compensation Claims Calculator
Your compensation amount for a successful claim through the MIB will depend on various factors, including the nature and severity of your injury. We would not advise claimants to use a standard personal injury claims calculator to work out how much compensation they could look to receive, as these are not always accurate. For example, an MIB claims calculator may not consider special damages.
The table below uses figures from the Judicial College guidelines (JCG), which includes compensation brackets for injuries that could be sustained in car accidents. Legal professionals use this publication to help value general damages for claims.
| Type of injury | Remarks | JCG compensation Bracket |
|---|---|---|
| Leg amputation (iv) | Below knee (one leg) | £97,980 to £132,990 |
| Neck injuries - severe (a) (ii) | Involving cervical spine disc damage or fractures that are assessed as serious, causing disabilities that are considerable, such as permanent harm to the brachial plexus, or a substantial level of movement loss in the neck and in one or more limbs. | £65,740 to £130,930 |
| Neck injuries -severe (a) (iii) | Fracture/dislocation/severe soft tissue/tendon damage leading to chronic conditions. | £45,470 to £55,990 |
| Neck injuries - moderate (b) (ii) | Injuries that are as a result of wrenching that cause a serious limitation of movement, recurring or permanent pain. | £13,740 to £24,990 |
| Chronic pain (a) | Complex Regional Pain Syndrome (CRPS) – severe, with a poor prognosis that means the victim’s work ability will be extremely restricted if it is not eliminated entirely. | £52,500 to £84,010 |
| Wrist injuries (a) | Leading to a total loss of function. One example is if the injury has necessitated treatment such as arthrodesis. | £47,620 to £59,860 |
| Leg injuries - Moderate (b) (iv) | Cases in this bracket could involve complex fractures or multiple fracture injuries. Compensation would depend on the treatment needed and prognosis | £27,760 to £39,200 |
MIB Compensation Calculator – What Doesn’t It Include?
An MIB compensation calculator may not be able to consider special damages, which you may be eligible to claim if you suffered any financial losses experienced due to your injuries. For example, you could be compensated in a MIB car accident claim for travel costs if you were unable to drive due to your injuries. However, to claim special damages, you will need to supply proof of your costs. These could include receipts, invoices, and wage slips.
Examples of special damages:
- Loss of earnings.
- Medical expenses.
- Repairs and replacement costs.
- Carer costs.
Call our advisors for more examples of what you could claim under special damages and what sort of evidence you will need to present.
No Win No Fee Claims Through The Motor Insurers’ Bureau
If you would like to claim compensation through the Motor Insurers’ Bureau (MIB), you could do so with the support of a No Win No Fee personal injury solicitor. You might be offered a funding arrangement called a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
If a solicitor offers you this type of agreement, they will not generally ask you for a solicitor’s fee upfront. A success fee, which is legally capped, will be deducted from your award if your claim for compensation through the MIB is successful. If you are not awarded compensation, you will not have to pay your solicitor.
If you feel like you don’t know all the things you should know about the Motor Insurers’ Bureau, our advisors are here to help. Get in touch today for free legal advice. If you contact us about claiming compensation through the Motor Insurers’ Bureau and our advisors believe you have a good chance of success, you could be put in touch with a solicitor from our panel. Get in touch:
- Via the helpline: 0161 696 9685
- By completing our contact form
- Or, by using the live chat feature.
Resources
- Is My Van Insured
- The Highway Code
- The Rules Surrounding Vehicle Insurance
- Motorcycle Accident Claims
- Insurance Excess Answers
- Traffic Accident Claims
Guide by JS
Edited by RED