Please help....really miffed!!

vaio

brownie4583 wrote: »

I sympathise with you,the same thing happened to me a few years ago.I was sat in my car outside a shop stationary,and a speeding car hit mine and then drove off.The car or driver was never found so i lost 2 years no claims and had to pay £150 excess as well!It is maddening but unfortunately there isn't a lot you can do as there is no one to claim off,so you have to claim on your own insurance.

Except as the other vehicle has been identified the OP can claim off the MIB and leave her own insurance untouched

shreddy

Here's copy of the MIB info' booklet - Be warned it may take quite a long time for them to complete their enquiries, obtaining a police report olone can take 6-8 weeks on average. They recommend using your comp insurance policy if you have one and they will notify your insurer regardless to confirm the incident has been reported and to confirm policy details.

Don't forget you still have a duty to notify your insurer even if for information purposes only.

http://www.mib.org.uk/NR/rdonlyres/085DE28C-9F25-4C0C-AE09-500245D5D547/0/MIB_A5_Claim_Guide_Booklet.pdf

Sally_A

vaio wrote: »

Yep, but going the MIB route is still a no brainer compared to her own insurance.

MIB......no fault claim on record, £300 excess (maybe none if the driver gets caught), car hire & other related losses whilst it’s being sorted out get covered, no loss of NCB, existing car policy carries on as normal.

Own insurance…….fault claim, lost NCB, full excess, limited (if any) car hire and if she’s with one of the companies that ends a policy on a total loss payout she loses the remaining 50 weeks of her current policy.

Sorry to bring this post out of the cobwebs...but.....

A mate of mine has just found themselves in a similar situation; I told them the MIB will purely deal with damage, and injury (subject to xs) ie, as per the minimum RTA requirements. Do they now also pay for out of pocket expenses?

vaio

my understanding is that the MIB is obliged to pay anything that an insurance company would be obliged to pay had the driver been insured (with the exception of a £300 excess in damage claims made under the untraced driver section)

Sally_A

Cheers Vaio, will delve a bit deeper, perhaps it's changed since my day.

I only tend to deal with Motor Trade now, so a replacement car hardly ever comes up, and I don't think I've ever had an MIB claim for out of pocket expenses.

Just found this on the MIB website

The MIB's obligations are linked to the compulsory insurance requirement of the Road Traffic Act, so the protection provided is limited to where there is a legal requirement to insure.

So am not convinced they will pay for a temporary replacement vehicle.

---

Edit - has the £300xs been removed?

http://www.mib.org.uk/NR/rdonlyres/F1990265-9804-4CCC-9C07-0808E7D88EC8/0/Uninsured_excess__website_content.pdf

vaio

Not the way I read it......

".......Where MIB accepts a claim is one for payment, property damage claims (which includes claims for losses arising from the damage to property, as may be allowed by a court)....."

from http://www.mib.org.uk/Customer+Services/en/Making+a+claim/Claims+Explained/Claims+Questions.htm

vaio

the excess applies to damage claims made under the untraced drivers section, it doesn't apply to claims made under the uninsured drivers section.

Don't know if it applies in your case but if the offending vehicle & driver have been identified and it has a policy attached (even if it doesn't cover the driver) then there is a strong possibility that RTA will make the insurer liable, think it's s151

Sally_A

...and under the Credit Hire link, it does give some hope, so long as the innocent party does not have means to pay up front.

Another typical namby pamby government website, that won't put things in black and white in my opinion - too many words like "reasonable" "at the courts discretion".

I wouldn't feel confident in advising a mate to get a hire car, or guarantee all outlay would be recouped: so will choose to tell them the horrors of credit hire going wrong should they get the claims farmers calls.

(Perhaps if Darren Bent had been hit by an uninsured driver, he would have used one of the other vehicles in his "fleet" rather than credit hiring a Bentley, or bounced up to premiership games in a Micra .)

vaio

yep, i think the MIB rules on credit hire & other costs are exactly the same as would be applied by an insurance company (via the courts if necessary)