MIB Claim - offer low?

adamc260

I think there becomes a point where you need to be careful with how much your wanting. At the end of the day, your claiming from a body funded by insurers for untraced or uninsured drivers. The MIB have no liability here they're paying this to help you

vaio

adamc260 wrote: »

.....At the end of the day, your claiming from a body funded by insurers for untraced or uninsured drivers. The MIB have no liability here they're paying this to help you

No liability?

Nonsense, their liability is defined in law, if they had no liability they wouldn't be paying

adamc260

vaio wrote: »

No liability?

Nonsense, their liability is defined in law, if they had no liability they wouldn't be paying

They're hardly liable for the damage or injury as they receive no physical premium from individual clients but instead receive money into a pot from insurers to help innocent motorists. You can hardly sue the MIB if an uninsured driver hits you...

lisyloo

I think there becomes a point where you need to be careful with how much your wanting.

I disagree.
The OP is entitled to claim the full amount for their pain and suffering.
As a fellow motorist I am happy to make my contribution towards fair awards and fair solicitors costs.

vaio

adamc260 wrote: »

They're hardly liable for the damage or injury as they receive no physical premium from individual clients but instead receive money into a pot from insurers to help innocent motorists. You can hardly sue the MIB if an uninsured driver hits you...

But that's exactly what the MIB exists to do...to act as an insurance company for uninsured/untraced drivers and, unless you can agree the pay-out, suing them is exactly what happens, just like you would sue any other insurance company if you thought they weren't paying out a fair amount

Colcut

lisyloo

As of yet I have not responded to the letter, I was told over the phone a week back about the offer, however I have only just received the letter from the lawyers asking if I want to reject.

From the letter's wording there is no talk of reject = get new offer, it simply states "If you reject the offer and your case proceeds to Court" I suppose the operative word is "and' as it in may not.

I'm glad some of you can see where I'm coming from, I would love for the Third Party to be forced to pay me instead of the M.I.B, how they can't trace a car via the registration number I don't know, they should force the previous owners to tell them information regarding who they sold the car to - or be fully liable.

From what you say lisyloo, the MIB should respond to my rejection with a new offer, and it seems I'm not even getting the lowest amount for personal injury which is unfair.

If it did go to court, could I attend to watch the proceedings?

Also has anyone had to go to a medical appointment via an independent expert what should I expect? how can they use some machine to assess my tissue damage from last year?

In the end, the MIB exists to sort these situations out for innocent drivers such as myself and are also paid for by innocent drivers like me and you guys, I'm not sure if any of you have had to deal with being hit and ran but it's an awful experience.

lisyloo

it simply states "If you reject the offer and your case proceeds to Court" I suppose the operative word is "and' as it in may not.

Absolutely.
They have to point out the risks to you IF you go to court (operative word being if), but that's not automatically the next step.

how they can't trace a car via the registration number I don't know

My mum had a car crash into her wall by some young lads.
The car was registered to a real address where a little old lady lived. Nothing to do with her, the address existed but it was nothing to do with the owners/drivers.

they should force the previous owners to tell them information regarding who they sold the car to

So how would you as a seller spot a false passport? etc.

or be fully liable

Ouch, that's harsh.
As an individual I do not have the facilities to check whether id is false or to verify that someone lives where they say they do.
I appreciate you are feeling hard done by, but this puts a liabiity on sellers (ordinary people) who are unable to provide an identity verification service.
If anyone should provide this it should be an organisation like the DVLA.
It still would not help with the problem of uninsured motorists.

So I apprciate you're feeling hard done by but an alternate proposal needs a lot more work.

the MIB should respond to my rejection with a new offer

They might, they might not.
They could come back and say sorry that's the max we're prepared to offer.
But the point is that you do first exhaust the negotiation before you get to court.
There are dangers in relying on what you read on here as some of it is simply not true.
Call your advisors they are there to advise you.

If it did go to court, could I attend to watch the proceedings?

err.....you'd almost certainly be involved and questioned.
This might require a day off work and travel costs so you need to factor that in.
I feel it's unliekly you'd be advised to go that far.
Generally they will try to get the best offer out of court (but if necessary by threatening court and hence higher costs).

how can they use some machine to assess my tissue damage from last year?

I don't believe any machines or tests exist.
I can only see you being asked questions.
Just be entirely honest (they may be out to try to trip you up and find inconsistencies).

raskazz

vaio wrote: »

But that's exactly what the MIB exists to do...to act as an insurance company for uninsured/untraced drivers and, unless you can agree the pay-out, suing them is exactly what happens, just like you would sue any other insurance company if you thought they weren't paying out a fair amount

Exactly, the two agreements (Uninsured Drivers and Untraced Drivers) are both documented as agreements between the MIB and the Secretary of State. MIB compensation for the innocent victims of negligent uninsured or untraced drivers is not on an informal or voluntary basis.