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.