MIB claim

tododo

Hi all

Just wondering if anybody has expereince of the motor insurance board and claiming for uninsured drivers.

What happend is that my mother got hit from behind by an uninsured driver (we have name and address) about 1 year ago and was shunted off the road into two parked cars.

The claim for the rite -off of her car and the neeck injury which she has honestly sustained has now gone through the MIB

Its taken ages , initially the proposed offer for compensation was 3.5K however she has just been instructed by her solicitor that the MIB have only offered 2.5k which the solicitor thinks is too low also

She can contest this in court however shes scared to death of court and being under the spotlight (I wouldnt like it either) but I just think this is a bit of a low offer and she wont listen to me regarding taking it to court

What do you guys think?

Is there a liklihood for sucess if court action is taken further?

Are there any other avenues for claiming such as a civil action against the uninsured driver? Or one of those no win no fee type claims

Any advise appreciated.....

Im not happy as the only time we ever have an accident this happens

blindman

...initially the proposed offer for compensation was 3.5K

Was it in writing?

however she has just been instructed by her solicitor that the MIB have only offered 2.5k which the solicitor thinks is too low also

On what basis, his comission?
How much was the car worth and what (honestly;)) problem did she have with her neck?

mattymoo

I used to deal with MIB claims in the early 90's so will try to help.

First off, you need to be aware that you are not suing the MIB. They are a fund of last resort that is paid for by a levy on all motor insurance premiums - typically £30 per person that the law abiding motorist pays to cover these claims.

Your mum is suing the uninsured driver. It would be their name on any court papers. Your mums solicitor will have contacted the MIB when it became clear the other driver had no cover.

The MIB then have to investigate the matter to see if there is any insurance that might cover the event. For example, if he took a policy out but never paid a premium, the motor insurer will still have to meet third party claims if they never recovered the insurance cert. Also, if the insurance cover was voided on a technicality such as failure to disclose previous convictions, the insurer will still have to deal with third party claims.

If there is no insurance they approach the driver to ask for his permission to deal with your mums claim. In the world of human rights, the uninsured driver still has rights and if the MIB simply stepped in they could be in all sorts of trouble. This normally goes one of two ways.

1) the uninsured driver agrees to let the MIB deal on his behalf and signs a form saying he will reimburse them at £x per week. In some cases the MIB go after assetts such as houses.
2) the uninsured driver simply sticks two fingers up to the whole process and refuses to co-operate.

If it goes down route 1 the MIB will negotiate a settlement with your mum. If it goes down route 2 then a writ needs to be served and judgement obtained against the uninsured driver. If the amount of the court award is not paid within 7 days then the MIB will step in and pay it. As I said, fund of last resort.

Your mums solicitor has no financial interest in the matter. MIB limit the costs payable to claimants solicitors. In the early 90's the amount was around £75. In return, the MIB do all the running. Your mums solicitor has nothing to gain from a higher award.

Now to the offer. Is the £2.5k for everything - car damage and injuries? Did the car damage get repaired by your mums own insurers - in which case it would not be part of the claim against the MIB.

If this is so, then £2.5k for whiplash is about right. You would be looking at £3.5k to £4k for 2 years pain and suffering and a poor long term prognosis.

Whiplash is an odd one. If you have a week of suffering you can get £1500 to £2000 but a year is not worth anymore than £2.5k.

tododo

Thanks for the replies guys

She has had 2.9K for the car rite off from her insurers

So the MIB claim must be just for the injury

Her neck apparently has had full movement when being examined by doctors

However I have actually seen her suddenly jerk her neck in pain now over a year after the accident

Im not sure where the prosposed offer came from I think that might have come from her solicitors

Thanks again