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I was hit by an uninsured driver and need to claim from the Motor Insurers' Bureau - how do I do this?

On 22 Jan 2010 I was hit from behind whilst parked about six cars back at a red light. At the scene the other driver apologised, admitted it was his fault, gave me his details and, as neither I nor he was seriously injured and both cars, although damaged, were drivable, we left it at that. I spoke with my insurance company who referred me to an 'accident management specialist'. I was told this was the best way to go so I didn't lose my no-claims and, as I had started to feel pain in my neck and shoulders and been diagnosed with whiplash at hospital a few days later, I was also referred to my insurance company's solicitors.

Since then I have had nothing but trouble, the guy who hit me was very vague in his contact with me and I found out he hadn't reported the accident to his insurance company. I told my solicitor this and she assured me I need not worry. Eventually we found out he had a trade policy that covered several vehicles and they paid out to cover my repairs on a 'without prejudice' basis.

Four months on and I'd heard nothing regarding the injury side of things, although I had been asked to attend a full medical and six sessions of physio by my solicitor. She has now come back to me to say it turns out he isn't insured. Although he has a 'trade' policy that covers several vehicles, the one he was driving when he hit me isn't one of them. My solicitor now says I have to go through the 'MIB'. I've now also reported the incident to the police as driving without insurance is obviously illegal, as is providing fake details re insurance.

Anyway, I just don't know what's going on now, what is the MIB and how do you know if you qualify for their assistance? Who will pay my solicitors fees now I know he isn't insured? What about all the medical stuff they made me go for? To say my solicitor has been 'poor' responding to me is an understatement, I have to chase for everything and she gives little or no info when I ask questions. Basically I'm frustrated and don't know where I stand.

Asked on 19 May 2010 by BETTY1978

Answered by Dan Harrison
Unfortunately, dealing with the consequences of a selfish uninsured driver are not easy and cannot be sorted quickly. The MIB (Motor Insurers' Bureau) is to insurers, what ABTA is to travel agents. It's there as a safety net to protect you, the consumer, when things go wrong. In this case, being hit by an uninsured driver. MIB was established in 1946 to compensate the victims of negligent uninsured and untraced motorists. Every insurer underwriting compulsory motor insurance is obliged, by virtue of the Road Traffic Act 1988, to be a member of MIB and to contribute to its funding. Every time you take out a motor insurance policy, part of the payment ends up with the MIB. Have a look at their website, where there are details of how to make a claim. You've already done what they suggest to do first and that's inform the police. www.mib.org.uk/Customer+Services/en/Making+a+claim...m
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