MIB Untraced Driver Accident Claims Explained

By Cat Reeves. Last Updated 30th January 2024. 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.

MIB untraced driver

A guide about using the MIB after an untraced driver injures you

Select A Section

  1. What Is The Motor Insurers’ Bureau?
  2. Evidence For Untraced Driver Claims Made
  3. MIB – How Long Do I Have To Claim?
  4. MIB Untraced Driver Claims – Payout Examples In The UK
  5. MIB Payout Amounts – Guidance On Claiming With A No Win No Fee Solicitor

What Is The Motor Insurers’ Bureau?

The Motor Insurers’ Bureau (MIB) helps pay 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.

Evidence For MIB Untraced Driver Claims

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:

  • Photographs
  • 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.

MIB – How Long Do I Have To Claim?

As with all personal injury claims, if you are seeking compensation through the Motor Insurers Bureau (MIB), you must adhere to the relevant time limits set by the Limitation Act 1980. This is generally three years from the accident date for personal injury claims.

However, for some MIB untraced driver claims, there are some exceptions that suspend the time limit. These include:

  • Those without the mental capacity to manage court proceedings on their own have an indefinite time-limit suspension. However, a litigation friend could be appointed by the court to file a compensation claim on their behalf during this time. If the injured person recovers this mental capacity and a litigation friend did not initiate a claim on their behalf, then they will have three years from the date their capacity was regained to begin the process.
  • Children below the age of 18 also cannot file a claim until they reach their 18th birthday. They’ll then have until they turn 21 to begin the process from this date. A litigation friend could be appointed to make a claim on their behalf at any point prior to the injured party’s 18th birthday.

If you have any questions about the time limit when making an untraced driver claim, please get in touch with a member of our advisory team.

MIB Untraced Driver Claims – Payout Examples In The UK

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.

 

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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
£148,330		 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.

MIB Payout Amounts – Guidance On Claiming With A No Win No Fee Solicitor

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 MIB claims, and may be able to offer further help regarding MIB payout examples and how much compensation you could receive. To get in touch:

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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.

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