The MIB was founded in 1946, and its role is simply to provide insurance-like protection to individuals injured in road traffic accidents in which the driver at fault was uninsured. Alternatively a claim can be brought if the injured party is unable to trace the driver at fault (i.e. a victim of hit and run). There are therefore two types of claims which can be brought against the MIB.

The first type is a claim for a loss suffered as a result of negligent actions by an uninsured motorist. These claims are not actually brought against the MIB in court. For a claim to be made, the claimant must first bring a claim against the uninsured motorist in court. Once the claim is successful, the MIB is contacted and the judgement order is provided. In other words, the claimant’s personal injury solicitors must show that the claim was successful before the MIB will pay out.

The second type of claim one can bring to the MIB is for an injury which was caused by an untraced driver. The main difference between this type of claim and the former is that in bringing a claim for a hit and run, the MIB takes an active role in assessing the liability, causation and damages for a claim before it pays out.

In most road accident claims the claimant is able to instruct personal injury solicitors on a no-win, no-fee basis. However, in matters of claims to the MIB, personal injury solicitors will not be able to recover their costs of bringing the claim from the other side if they are successful. It will therefore be less advantageous to instruct a personal injury solicitor under such an agreement than it would be in a claim against an insured driver, as the personal injury solicitor’s fees will be taken from the damages recovered by the claimant.

The MIB has no interest in attempting to defend the claim, but it is interested in ensuring that only legitimate claims are brought in the first place. This is because the MIB is an organisation that receives funding from a percentage of all motor insurance policies paid each year. This means that the more money the MIB pays out, the more insured drivers eventually have to pay in to cover their uninsured fellow motorists.

Last Updated on 29/08/2011





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