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This is an all too common problem on our roads.

It is estimated that there are upwards one million drivers who drive without insurance!

For many people it is cheaper to drive uninsured and risk getting a fine than it is to pay for proper insurance.

Obviously many people who drive uninsured do not stop at the scene of the accident to give their details, or they give false details and may even drive on false registration plates (and / or they may not have registered themselves with DVLA). If it proves impossible to put a true name to the third party driver, your claim will be dealt with under the MIB Hit & Run (untraced drivers) Scheme.

(If you managed to get a registration number for the At Fault vehicle, checks can be made with DVLA to find out its registered keeper)

This page concerns claims where the correct the name of the third party driver is known. These claims are dealt with under MIB's Traced but Uninsured Driver's Scheme. Although there are similarities between the MIB "Untraced" and "Traced but Uninsured" Scheme, there are also differences, so it is important to know which scheme will apply to your claim.

The "Traced but Uninsured" Scheme applies even if you do not have an up to date address for the third party. What matters is you know his true identity, not necessarily his or her present whereabouts!

Key points about the MIB Uninsured Driver Scheme:

• It is very important that you report the accident to the police

The third party driver is obliged to provide his insurance details and it is a criminal offence not to do so. if he does not give his insurance details, or if he tells you that he is uninsured, report this to the police and get a crime reference number and make a note of the name of the police officer who dealt with your complaint and the time and date that you reported it. IT IS AN IMPORTANT CONDITION OF THE MIB SCHEME THAT YOU FULLY ASSIST THE POLICE TO CRACK DOWN ON UNINSURED DRIVERS, AND IF YOU DO NOT REPORT THE MATTER TO THE POLICE, YOUR CLAIM MAY BE TURNED DOWN BY THE MIB. 

• We will help you complete the MIB Application Form
• You must prove that the third party driver was to blame for the RTA
• MIB will pay for injury in the same way that a 3rd party insurer would
• Won't pay the first £300 of vehicle damage/property loss for accidents before 7/11/2008 (see below). The £300 deduction is not made for accidents which take place on or after this date.
  
• Compensation amounts calculated in same way as for insured drivers
• MIB may take several months to investigate the claim
• MIB will not usually make any interim payment eg for repairs
• MIB usually agree to settle cases voluntarily without going to Court
• You may not be able to claim if your own vehicle was uninsured
• Special Notices must be given to MIB if proceedings are issued
• You should always use a solicitor for any MIB claims (see below)

There are some other exclusions eg a passenger might not be able to claim if he/ she agreed to travel in a car he/ she knew was uninsured. Proper legal advice is essential when making an MIB claim.

MIB are responsible for paying vehicle and other property damage, your insurance excess, reasonable replacement hire charges, storage & towing, and other losses in the same way that a normal third party insurer would be EXCEPT for accidents before 7/11/08, they will not pay the first £300 of your claim. This "MIB excess" does not apply to any injury compensation or to losses directly attributed to your injury (eg treatment costs and loss of earnings whilst off sick) nor does it apply to accidents which take place after 7/11/08.

If MIB will not agree a voluntary settlement of your claim, it may be necessary for your solicitor to issue proceedings against the uninsured driver to get a final Judgment against the driver at fault. Provided the proper notices are given to MIB, MIB should then be responsible for paying any unpaid Judgment which you get against the At Fault driver. However it is very important that the correct legal notices are given to MIB otherwise they may be entitled to reject your claim. This is why you should always use the services of a solicitor for MIB claims.

Once a settlement figure has been agreed with MIB, you will be asked to sign MIB's Settlement Agreement, this gives MIB the right to pursue the At Fault Driver for a refund of the compensation paid by MIB. 

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