This guide will explain when you could be eligible to seek compensation via the Motor Insurers’ Bureau (MIB). It will focus on the process of making an MIB claim after an untraced driver hit your car and caused you harm. As such, as you move through our guide, you will find information on the requirements for starting a claim in this way and the evidence you could gather to support your case.
Additionally, you will find information on car accident settlements, including what they could consist of and how they are calculated.
Furthermore, we will discuss the benefits of working with a solicitor who offers their services on a No Win No Fee basis.
For more information, you can speak with an advisor from our team. They can offer free advice and answer any questions you might have regarding your potential car accident claim.
To get in touch, you can:
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- Can I Make An MIB Claim After An Untraced Driver Hit My Car?
- What Evidence Could Help Me Make An MIB Claim After An Untraced Driver Caused An Accident?
- Car Accident Payout Examples – What Compensation Could I Receive?
- Is There A Time Limit When Making An Untraced Driver Claim?
- Use Our Panel Of Solicitors To Make A No Win No Fee Road Traffic Accident Claim
- Learn More About Making A Claim Through The MIB
In order to begin a personal injury claim following a road traffic accident, you need to demonstrate that negligence occurred. This means a road user owed you a duty of care, breached this duty and caused you physical injuries, emotional harm, or both, as a result.
Road users owe a duty of care to each other as outlined in the Road Traffic Act 1988. This means they need to take care to navigate the roads in a way that prevents themselves and others from becoming injured. Additionally, each road user has different responsibilities that are found in the Highway Code. There is both guidance and rules in the Highway Code, with the rules being backed elsewhere in law.
Section 170 of the Road Traffic Act 1988 sets out a drivers duty to stop, report an accident and give information or documents. It states that they must stop at the scene of the accident if it has caused injury to a person or damage to a vehicle.
If there is a failure to do so, such as in a hit and run accident, this can mean you have no information about the driver responsible for the accident, including their insurance details. As such, you may not be able to claim against their insurance. However, you could still seek compensation by making an MIB claim after an untraced driver hit you and caused you injury.
For more information on when you could be eligible to make a claim following a road traffic accident and how you would do so, please get in touch on the number above.
As part of the claims process, you should gather evidence to build your case. This can help prove liability and give details on the nature of your accident and injuries. For example, you could collect:
- CCTV or dashcam footage of the accident
- Photos of the scene and your injuries.
- The contact details of witnesses who could provide a statement at a later date.
- A diary containing details about your injuries and how they have impacted your life.
- A copy of your medical records.
The car accident solicitors from our panel could assist you in gathering evidence. They can use their experience of representing different types of road traffic accident claims to help you seek compensation.
For more information about the services they could offer to help you make an MIB claim after an untraced driver hit your car and caused you injuries, please get in touch using the number above.
Personal injury settlements can consist of compensation for:
- The emotional and physical pain and suffering you experienced because of your injuries. Compensation for this is awarded under general damages.
- The financial damage caused by your injuries. For example, if you have had to take time off work to recover from your injuries, you could experience a loss of earnings. If you provide evidence of this loss, such as via payslips, you could be reimbursed. Compensation for financial losses is awarded under special damages.
Legal professionals can refer to a document called the Judicial College Guidelines (JCG). This publication lists different injuries with corresponding guideline award brackets. We have included some of these in the table below. Please only use these figures as a guide.
As such, we have included two whiplash entries, taken from the tariff, in the table. These are fixed amounts.
|Injury Type||Severity||Guideline Award Bracket||Notes|
|Head Injury||Very Severe||£282,010 to £403,990||The person needs full-time care.|
|Arm Amputation||Loss Of Both Arms||£240,790 to £300,000||The effect of the injury reduces the person to a state of considerable helplessness.|
|Other Arm Injury||Less Severe||£19,200 to £39,170||Significant disabilities but with a substantial degree of recovery.|
|Elbow Injury||Less Severe||£15,650 to £32,010||Function is impaired but there is no major surgery or significant disability.|
|Wrist Injury||Significant And Permanent Disability||£24,500 to £39,170||Some useful movement remains despite the injury causing a significant and permanent disability.|
|Leg Injury||Loss Of Both Legs (i)||£240,790 to £282,010||Both legs are lost above the knee.|
|Ankle Injury||Moderate||£13,740 to £26,590||Injuries such as fractures that cause a less serious disability.|
|Foot Injury||Moderate||£13,740 to £24,990||Displaced metatarsal fractures causing permanent deformity and ongoing symptoms.|
|Whiplash Injury||One or Multiple Whiplash Injuries||£4,215||Symptoms last 18-24 months.|
|Whiplash Injury||One or Multiple Whiplash Injuries||£3,005||Symptoms last 15-18 months.|
To discuss the potential settlement you could receive following a successful MIB claim for an untraced driver accident, call the number at the top of the page to speak with an advisor.
Generally, when making a personal injury claim for a road traffic accident, you have three years to start legal proceedings. This time limit is outlined by the Limitation Act 1980. However, there are some exceptions that can apply. For example:
- If the person is a child, the time limit is paused until their 18th birthday.
- If the person lacks the mental capacity to start their own claim, the time limit is paused indefinitely.
While there is a pause on the limitation period, someone could make an application to the courts to become a litigation friend and begin the claim on the injured person’s behalf.
For children, where no claim has been made for them before they turn 18, they will have three years from their 18th birthday to begin their own claim.
For those with a reduced mental capacity, if they recover their mental capacity, they will have three years from the recovery date to begin their own claim, provided this hasn’t already been done for them.
To learn more about the time limits and exceptions, please get in touch using the number above.
If you are eligible to seek road traffic accident compensation, you may wish to work with a No Win No Fee solicitor from our panel. They have experience handling car accident claims involving untraced drivers and could offer their services under a Conditional Fee Agreement.
This means that you do not have to pay fees for their services upfront or while your claim progresses. Also, if the claim is unsuccessful, your solicitor will not require any payment for the work they have completed on your case.
A legally capped percentage is deducted from your compensation if your claim has a successful outcome. However, due to the restriction placed on how much they can take, you can keep the majority of your compensation.
For more information on the process of claiming through the MIB and how a solicitor from our panel could help, speak with an advisor. To reach them, you can:
You can find more of our guides relating to road traffic accident claims below:
- Read more about claiming after a learner driver car accident.
- Information on what you should do if you become injured in a car accident.
- A helpful guide on claiming following a work van accident.
Additionally, you can find more helpful resources below:
- Metropolitan Police – Report A Road Traffic Accident
- GOV – Reported Road Casualties In Great Britain: Annual Report 2021
- Think! – Road Safety Laws
Thank you for reading this guide on the process of making an MIB claim after an untraced driver hit your car. If you have any other questions, please get in touch using the contact details provided above.
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Published by NL