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Title: Knocked off in hit and run accident

Date: 08 November 2014

Question

I have recently heard of the Motor Insurance Bureau following some research after my accident in which someone knocked me of my scooter and fled the scene. Luckily I only sustained a couple of broken ribs but I was off work for a couple of weeks and my leathers were damaged. What accidents does the Motor Insurance Bureau compensate for? And what can I claim?

Shane Nash, Porthcawl

Answer

The Motor Insurers’ Bureau (MIB) is a government body set up to compensate victims of untraced and uninsured drivers.

In your case the relevant agreement is the Victims of Untraced Drivers’ Agreement 2003. The MIB will compensate for personal injuries and financial losses although in “untraced” cases property damage and property-related damage are excluded. The exception to this is in cases of “significant injury”. This is defined by the MIB as an injury requiring 4 or more continuous nights in hospital. This is not excluded in “uninsured” driver cases. The MIB levies a £300 excess where property damage is claimed.

The MIB frequently compensates hit and run victims and diesel spill victims but this is not all. The MIB will also compensate in the following cases assuming of course the evidence can be gathered to prove on the balance of probabilities (more than 50%) that the negligence of an untraced driver was responsible for the accident.

- Shed load (for example vegetable oil, sugar, timber and so on)
- Vehicle parts in road causing a collision (e.g. bumper or other previous accident residue)
- Dazzling by full beam headlights
- Other items in the road, such as parts of road works knocked into the road by other motorists

It is important to remember that the definition of negligent acts “arising out of the use of a motor vehicle” is widely interpreted thanks to helpful case law. Therefore if in doubt seek advice from a specialist lawyer.

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