Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015
  • The uninsured driver
  • MIB application form
  • Obligations falling on the claimant
  • MIB—Notes for Guidance
  • The MIB as second defendant
  • The extent of the MIB’s liability and exclusions
  • Passenger claims
  • Decisions and Disputes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

NOTE: This Practice Note deals with the MIB Uninsured Agreement 2015 and applies to accidents which occur on or after 1 August 2015. For guidance on the earlier 1999 agreement (which applies to road traffic accidents which occurred between 1 October 1999 and 31 July 2015), see Practice Note: Uninsured drivers and the role of the MIB—for accidents occurring between 1 October 1999 and 31 July 2015 [Archived].

NOTE: For accidents occurring on or after 1 March 2017 clauses 7 (vehicle damage) and 9 (terrorism) are omitted from the Uninsured Drivers’ Agreement 2015. These amendments mean that, for accidents from March 2017, the MIB will pay for the damage to an uninsured driver’s car when it has been caused by another uninsured or ‘hit and run’ driver. The government indicated that this change was necessary to comply with the EU Motor Insurance Directive and that they would be repealing the amendments following Brexit.

Where an uninsured driver causes an accident, they will often not have the means to pay compensation personally. For this reason the claimant looks to the Motor Insurers’ Bureau (MIB) for compensation. Subject to certain conditions and exclusions, the MIB is obliged to meet any unsatisfied judgment, including costs, under the Uninsured Drivers’ Agreement 2015.

Given the nature of

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