Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

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

  • Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017
  • The untraced driver
  • Uninsured or untraced driver?
  • The application
  • The extent of the MIB’s liability and exclusions
  • General
  • Exclusions
  • Compensation and interest
  • Other parties
  • Costs
  • More...

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

NOTE: For accidents after 1 March 2017 the Motor Insurers' Bureau (MIB) will pay claims for damage to an uninsured driver’s car when it has been caused by another untraced 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.

The untraced driver

Where the driver of a vehicle who causes an accident cannot be identified, eg following a ‘hit and run’ accident, the claimant should apply directly to the MIB.

In accordance with the provisions of the relevant agreement, the MIB will compensate the victim of an accident involving an untraced driver for:

  1. injuries

  2. death

  3. property damage

The most recent Untraced Drivers’ Agreement, dated 2017, applies to accidents occurring on or after 1 March 2017. For accidents occurring on or after 14 February 2003 and before 1 March 2017 the Untraced Drivers' Agreement 2003 applies and before that, claims involving untraced drivers were covered by the Untraced Drivers' Agreement 1996. There were supplementary agreements in 2008, 2011, 2013 and 2015.

In Cameron, a claimant who had been injured in a hit-and-run collision, where the car was identified but the driver was not, was permitted by the Court of Appeal to bring an action for damages against

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