Q&As

What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme?

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Published on LexisPSL on 24/11/2020

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

  • What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme?

What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme?

The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than previous uninsured agreements. For more information, see Practice Note: Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015.

The MIB incurs no liability unless they are joined at the outset as an additional defendant to the proceedings, except when the claimant ‘initially and reasonably believes’ the uninsured driver was covered by a contract of insurance with an insurer whose identity can be ascertained. As noted in clause 13 of the MIB Uninsured Agreement 2015:

‘…13. (1)    Subject to paragraph (2), MIB incurs no liability under

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