Just because the Defendant is uninsured or untraced does not necessarily mean you will not be entitled to claim any compensation. This is when the Motors Insurance Bureau (MIB) will come into play.
The MIB is a non profit making company set up by motor insurers. By law, every insurer that underwrites compulsory motor insurance must be a member of the MIB and contribute to their funding.
The two main schemes that the MIB run are;
1) Uninsured Drivers Agreement; this scheme will deal with compensation claims that arise as a result of an accident that has been caused by a Defendant who was uninsured at the time of the accident.
2) Untraced Drivers Agreement; this scheme applies when you have been involved in an accident whereby the negligent driver had fled from the scene of the accident and you did not have the opportunity to identify the driver/vehicle registration number of the offending vehicle. This will essentially cover hit and run cases.
In order to make a claim under one of the schemes above, you must bring the claim within 3 years of the date of the accident.
Once a claim has been submitted to the MIB, The MIB will carry out their own investigations in order to establish responsibility. Compensation will only be payable by the MIB where some fault can be established on the part of the driver that you will consider to be responsible. If evidence confirms you were partly or wholly responsible, the compensation payment may be reduced or not paid at all.
If you have been involved in an accident that involved an untraced or uninsured driver, then we may be able to help you. Please contact one of our staff who would be happy to help.