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Personal injury claims - car accident with uninsured driver
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Personal injury case studies
This case explains what happened to one of our claimants who was involved in an accident with a driver who's vehicle was not insured.
Car accident uninsured driver
Our claimant in this particular case was involved in a road accident when the driver of a third party vehicle struck his own vehicle forcibly in the rear. The damage to both vehicles was extensive and the claimants vehicle was eventually written off. He also suffered severe whiplash injuries and had to take time off work as a self employed builder.
To make matters worse for the claimant, he soon found out that the negligent third party, despite being friendly and helpful following the accident, did not in fact have any motor insurance covering him to drive his vehicle. It had just been purchased and he had not got round to obtaining his policy. He was driving illegally.
This left the claimant in difficulties regarding his claim for losses that were not insured such as his excess and lost earnings. Not to mention his whiplash related pain and suffering.
The claimant phoned The Claims Connection and we were able to provide him with some good news regarding his situation. In the UK we are fortunate to have a formal body called the "Motor Insurers Bureau" (MIB) set up to handle claims from victims of either untraced or uninsured drivers. The MIB was formed in 1946 and runs a number of schemes or "agreements" that have been formally ratified by Government.
The basic role of the MIB is to provide rightful compensation to those people who suffer loss or harm following an accident with hit and run drivers or drivers that do not have any motor insurance. They also have a scheme covering accidents abroad.
We have a legal team that specialise in MIB claims and so were were able to make substantial progress for the claimant by recouping the uninsured losses and arranging for a medical examination to assess his whiplash injury. The doctor completed his assessment and sent a report to both sides.
In the same way that you agree on the medical findings with insurers in normal cases, you similarly agree the claim details with the MIB who then provide you with an offer of settlement. The offers are generally on a par with the figures you might expect when negotiating with insurers.
This case was finally settled for £3000 including all uninsured losses and the claimant went on to make a full recovery. All legal costs were paid by the MIB.
Summary - The MIB is a much needed outlet for innocent accident victims. Negotiating claims with them can be tough and the complexities involved with the various agreement rules must be properly understood and adhered to. It is strongly recommended that you only use only experienced MIB solicitors to handle claims of this nature.
NOTE - the MIB Untraced Drivers agreement (relating to hit & run accidents) involves different rules and has a limitation on legal fees. Please be aware of its distinction from the Uninsured Drivers agreement discussed here.