1. How does MIB function and on what legal basis?

    It functions under two separate Agreements between Government and the motor insurance industry.

    The Uninsured Drivers Agreement requires the MIB to meet unsatisfied Civil Court Judgments against identified motorists who may not have been insured as required by the Road Traffic Act 1988.

    The Untraced Drivers' Agreement requires the MIB to consider applications for compensation from victims of "hit and run" motorists.

    The MIB's obligations are linked to the compulsory insurance requirement of the Road Traffic Act, so the protection provided is limited to where there is a legal requirement to insure.

  2. What is the cost of the operation of these Agreements to the individual motor policyholder?

    At the present time, the cost varies between £15-£30 per policy.   However, the cost continues to rise in the light of increasing compensation, legal costs and changes in legislation.

  3. What happens after I submit a claim?

    MIB will confirm receipt as soon as possible and explain what action is being taken. The action will vary depending on the case and the information you have been able to supply.

    For cases involving uninsured motorists: we must try and contact the uninsured motorist to obtain his/her account of the accident as well as his /her permission to intervene.

  4. Why do you need the permission of the uninsured motorist to deal with my claim?

    Even uninsured motorists have the right in law to deal with their own affairs, and the agreement does not permit us to ignore their rights. However, if the uninsured motorist does not co-operate, we will tell you what options appear to be available to progress your claim.

  5. What if the motorist cannot be identified?

    If you have been injured by a vehicle that does not stop, you will be able to submit a claim under the Untraced Drivers' Agreement. Damage to property claims can only be considered if the accident occurred on or after 14 February 2003. 

    The accident must be reported to the police within 5 days and a claim made within 9 months.  It is a requirement that the vehicle causing the damage must be identified as a condition of being able to claim for property damage. 

    If you have been injured you must report the accident within 14 days to the police or as soon as reasonably possible.

  6. How long will my claim take?

    This is difficult to predict as many factors are involved.

    If your claim is limited to property damage or minor injury it should be resolved in 4 or 5 months, or less.

    If, on the other hand, your claim involves contested liability, evidentiary difficulties, or serious injury it may require the police report to be obtained, which can take some time, especially if its release is delayed by criminal prosecutions.

    Injury claims can also be delayed if it is difficult for your doctors to agree on the effects, and you may be advised to wait until you have recovered fully, before agreeing any compensation.

    MIB will make every effort to reach a decision on responsibility for the accident within three months and to keep you informed. Where there seems to be the prospect of a long delay, MIB will consider an interim payment.

    Claims arising from accidents abroad may depend on responses from foreign bureaux and insurers and can take longer.

  7. How long will it take for an insurer to pay a claim?

    This depends on the complexity of the individual claim.  However, the insurer of the party that caused the accident or their claims representative is required to make a reasoned response or offer within 3 months of the claim being presented.  This will be regulated, for UK insurers, by the FSA.  Moreover, interest will be payable on any settlement unnecessarily delayed beyond 3 months.

  8. Will my claim be paid in full?

    Responsibility for the accident has to be agreed, decided by a Court in uninsured cases or an arbitrator if the responsible driver is untraced. The decision will be based on the evidence, and your claim may be reduced by a proportion, or possibly rejected if the evidence is that you were partly or wholly responsible.

    The excess that applies for property damage claims (which includes claims for losses arising from the damage to property, as may be allowed by a court), where MIB accepts a claim is one for payment, are shown in the table below:

    For motor accidents dealt with under the Uninsured Agreement:

    Accident date

    Excess

     

    From 7 November 2008 onward

     

    £0

     

    Between 1 October 1999 and 6 November 2008

     

    £300

     

    Before 1 October 1999

     

    £175

     

    For motor accidents dealt with under the Untraced Agreement:

    Accident date

    Vehicle identified

    Property damage paid

    Excess

     

    From 15 April 2011 onward

     

    Yes

     

    Yes

     

    £0

     

    From 15 April 2011 onward

     

    No

     

    Yes (If *SPI)

     

    £300

     

    Between 14 February 2003 and 14 April 2011

     

    Yes

     

    Yes

     

    £300

     

    Between 14 February 2003 and 14 April 2011

     

    No

     

    No

     

    N/A

     

    Before 14 February 2003

     

    -

     

    No

     

    No provision

    * Significant Personal Injury (SPI) – i.e. the case of hospitalisation for 4+ consecutive days or in the event of death.

    There is no excess on green card claims.

    Injury claims including loss of earnings, are subject to a legal obligation on MIB to refund to the Department for Work and Pensions certain benefits that you have been paid as a result of the accident, and to deduct that amount from your claim for loss of earnings. You are advised by the DWP as to the amount MIB has to pay and, if you disagree, you have a right of appeal to the DWP.

  9. What can I do if I think I have grounds for complaint?

    MIB endeavours to handle all claims quickly and efficiently however, if you are dissatisfied contact your solicitor or representative and ask him to resolve the problem by telephone

    If you are not represented you should contact the claims handler in the first instance to discuss and advise them of your concerns or issues.

    The handler will then attempt to resolve the situation.

    If you remain dissatisfied you may lodge a formal complaint. You can write to the Customer Service Manager who will investigate your complaint and attempt to resolve the matter. 

    If you feel your complaint has not been resolved through this procedure, the Chief Executive of the MIB is always happy to review any decisions on complaints. If you are still not satisfied and your complaint is a matter of principle that may be of public interest, you can write to the Minister for Transport. The minister will want assurance that our complaints procedure has been followed before becoming involved.

    Write to: Minister for Transport

    Department for Transport Licensing, Roadworthiness & Insurance Division, Great Minster House, 76 Marsham Street, London SW1P 4DR

  10. Accident Abroad - What should I do at the scene of the accident?

    You should stop immediately, if it is safe to do so, and place your accident warning triangle at a distance sufficient to allow oncoming traffic to take avoiding action.

    Call the police. Generally speaking it is the law in most countries that the police must attend any accident involving a foreign vehicle. However, if you have insufficient command of the local language to do so, you will normally find that the other party will call them, if only to overcome the language problem.

    Keep any documentation provided by the police. You may need them to pursue a claim.

  11. Accident Abroad - What should I say and what documents must I produce?

    Say as little as possible and remain calm. This is especially important in any dealings with the local police.

    Do not admit liability and do not sign any documents, other than the European Accident Statement or "Constat Amiable".

    You may be asked for and should be prepared to produce:

    a. Your driving licence.
    b. The registration document for the vehicle, to prove ownership. Other evidence may be acceptable.                                                             c. Your insurance certificate or Green Card. In many countries, even those within the European Union, where your UK insurance certificate is acceptable in law, you may be expected to produce a Green Card as this has for many years been the only acceptable/ understandable evidence of insurance for foreign registered vehicles.