Can you make a claim against a driver who was not insured at the time of the accident?
Yes, you can but it may not be worthwhile if the driver has no money and cannot pay for your claim. Such a claim will therefore be directed to the Motor Insurers Bureau (MIB). The MIB will generally deal with claims where the Third-Party driver is uninsured or cannot be traced (i.e. a hit and run).
As and when the claim is accepted, the MIB will stand in the shoes of the last insurer and deal with the claim including all liability and loss evidence. If liability is established against the third-party driver, they will thereafter make an offer to settle your claim based upon the evidence provided.
We have recently settled two cases involving claims against the MIB:
Case Study 1:
The first case concerned a claim against the MIB due to the third party being uninsured.
Our client was stationary in a line of traffic when the vehicle behind failed to notice that traffic had come to a halt and collided with the rear of their vehicle. Our client sustained various physical and psychological injuries, including the exacerbation of a pre-existing condition.
There were various aspects to this claim including physical and psychological injury, loss of earnings, and damages to cover the cost of assistance to our client required as a result of their injuries.
After obtaining all appropriate evidence, this was submitted to the MIB. The claim settled for over £7,000.
Case Study 2:
The second case concerns a hit and run where we were unable to identify the third-party driver.
In this case, the pursuer was parked at the side of the road when a third-party vehicle came speeding towards them. The third-party vehicle attempted to perform a U-turn, however, they were unable to maintain control of their vehicle and collided with our client’s vehicle. There was extensive damage to our client’s car. Our client was injured as a result of the collision. After providing the MIB with all appropriate evidence, the MIB settled our client’s claim for £4,600.
If you wish help, you can contact us to get advice on 0800 988 8082 or complete our online enquiry form.
