Advice On Making An MIB Claim After An Accident With An Untraced Driver

The Motor Insurers’ Bureau (MIB) provides those who suffered harm in a road traffic accident with an untraceable driver, an avenue to seek compensation. In this guide, we will look at whether you can claim through the MIB after an untraced driver caused you harm in a hit and run accident.

All road users owe each other a duty of care when navigating the roads. As such, they should take reasonable steps to ensure they protect one another from experiencing harm. One aspect of this duty of care involves drivers and riders stopping if they are in an accident with another vehicle. However, there are cases where they might fail to do so.

In some cases, if you have experienced harm as a result of their negligence, you may be able to make a claim following a hit and run. In order to do so, you would claim through the MIB. This guide will explore when you might be eligible to seek compensation and the steps you can take to strengthen your case.

Additionally, we will explore what you could receive as part of your uninsured driver accident settlement after a successful claim. 

Although we have aimed to provide the information you need, we understand you might have questions, such as:

  • Can I make a claim through the MIB?
  • How long do claims through the MIB take?
  • How much do the MIB pay out?

If you would like to discuss these questions or any others with an advisor, please get in touch by:

  • Using our live chat function
  • Calling the phone number above
  • Sending an enquiry via our contact form

the front of a car smashed up after an accident with an untraced driver

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Can I Make A Claim Through The MIB After An Accident With An Untraced Driver?

The Highway Code provides guidance on each road users responsibilities when navigating the roads. Recent changes to the Highway Code mean that those operating vehicles with the chance of causing the greatest harm, have a greater responsibility.

Additionally, the Road Traffic Act 1988 sets out the legal responsibilities of drivers. For instance, Section 170 of the Act, sets out the duty of a driver to stop and report an accident. 

However, there are cases where a driver might fail to adhere to this responsibility. For example, a driver may have knocked you over while you were crossing the road as a pedestrian but failed to stop.

The MIB may compensate you if the third party driver was uninsured or left the accident scene without exchanging their details, making them untraceable. However, there are certain elements to consider before launching your potential claim.

For instance, in order to put forward a claim through the MIB after an untraced driver caused you harm in a hit and run accident, you must be able to prove that:

  • The other road user breached the duty of care they owed you
  • You suffered physical or psychological harm as a result

To find out if you are eligible to work with our panel of personal injury solicitors, speak to an advisor for a free consultation of your claim.

MIB Compensation Payouts: Amounts and Examples

Various factors are taken into account when valuing your MIB untraced claim settlement, such as the severity of your injuries. Additionally, the Judicial College Guidelines (JCG) may be used to help value the general damages head of your claim.

General damages relate to the pain and suffering you have experienced as a result of your physical or psychological injuries.

We have featured figures from the 16th edition of the JCG in the table below. Please bare in mind that the figures are not necessarily reflective of what you will receive as all claims are unique.

InjuryCompensation RangeNotes
Severe Post-Traumatic Stress Disorder (a)£59,860 to £100,670You are unable to work and all aspects of your life are badly affected.
Arm Injuries Resulting in Permanent and Substantial Disablement (b)£39,170 to £59,860There is significant permanent residual disability, either functionally or cosmetically, due to serious fractures of one or both forearms.
Severe Leg Injuries (b)
£39,200 to £54,830Prolonged treatment is required and the person will experience several issues due to injuries such as a serious compound fracture.
Elbow Injuries (a)£39,170 to £54,830An injury to the elbow that's seriously disabling.
Severe Fractures to Fingers (f)Up to £36,740Injuries might lead to partial amputations leading to deformity and reduced mechanical function as well as other issues.
Less Serious Hand Injury (g)£14,450 to £29,000Injuries might include a severe crush injury that results in impaired function of a significant nature.
Moderate Ankle Injuries (c)£13,740 to £26,590Injuries might include fractures and tears of the ligaments that cause less serious disabilities.
Moderate Knee Injuries (b) (i)£14,840 to £26,190This bracket includes cases where symptoms of a pre-existing condition are accelerated over a prolonged period.
Moderate Foot Injuries (f)£13,740 to £24,990Displaced metatarsal fractures that cause deformity of a permanent nature and ongoing symptoms.
Severe Toe Injuries (c)£13,740 to £21,070This bracket may include cases of a severe crush injuries that leads to one or two toes (other than the great toe) being amputated.

Part of your settlement could also comprise special damages, which compensate you for any financial harm inflicted by your injuries. For example, your injury may cause you to take time off work resulting in a loss of earnings. However, you should keep hold of wage slips as evidence to prove any losses.

Speak to an advisor to find out more about how much you could receive following a successful claim made through the MIB after an untraced driver caused you harm.

The Definition Of An Untraced Driver

Untraceable drivers are those who fail to stop and exchange details following a road traffic accident. As such, it means they cannot be traced or identified. 

However, there are other ways that a driver may be untraceable other than just speeding off before they can be identified. Below we have provided example scenarios that could lead to you making MIB untraced claims:

  • A driver causes a car accident because of driving under the influence of alcohol. Upon the accident happening, they stop to talk to you but purposely give you false insurance details.
  • You could be on public transport when a stolen car crashes into you, however the criminal may flee the scene before they can be asked for their details.
  • A driver may use a fake car registration plate, meaning you have the wrong details of their vehicle.

It’s important to note that not all incidents of an accident with an untraced driver will lead to a claim. You must prove that another road user acted negligently causing you harm.

For more information on making a claim through the MIB as an untraced driver, call our team.

What Evidence Do You Need To Claim Through The MIB After An Accident With An Untraced Driver?

The MIB allows you to seek compensation for various types of road traffic accidents, including:

However, a valid claim through the MIB after an untraced driver accident must demonstrate negligence. As such, evidence is needed for a personal injury claim. For example:

  • Medical reports
  • Photographic or video evidence
  • Witness contact details
  • Police report

It is also important that you inform your insurer that you have been involved in an accident. Furthermore, you should keep a record of any expenses that have resulted due to your injuries. A solicitor from our panel could help you gather evidence, but only if you have a valid claim.

Claim Compensation With The Help Of A No Win No Fee Solicitor

Our advisors may be able to connect you with a No Win No Fee solicitor from our panel to represent your claim under a Conditional Fee Agreement (CFA). Generally, solicitors who process claims on this basis require no upfront payment or ongoing fees.

Another benefit of using this type of agreement to fund your legal representation is that you’ll only pay your solicitor for their services if your claim succeeds. This payment comes in the form of a success fee which is deducted from your compensation. However, this fee is legally capped.

If you hold a valid claim that has a chance of success, one of our advisors might be able to connect you with a solicitor to begin working on your case. Find out how you can contact us in the section below.

Get Advice On Making MIB Untraced Driver Claims

To check your eligibility to work with our panel of solicitors, our advisors can discuss your claim in more detail. They can also answer any other questions you might have regarding making a claim through the MIB after an untraced driver caused you harm.

You can get in touch by:

  • Using our live chat function
  • Calling the phone number above
  • Sending an enquiry via our contact form

More Information On Making A Claim Through The MIB After An Untraced Driver Accident

Here are some additional resources that might help you understand the process of making a claim through the MIB after an untraced driver caused you harm in an accident.

If you found this guide useful, you might find our other related guides helpful.

That concludes our guide on making a claim through the MIB after an untraced driver caused you harm in an accident. Get in touch if you have any other questions.