Motor Insurers Bureau Claim Advice

Meatloaf1981

Good evening all, hoping someone can help.

In August last year, my soon-to-be wife was involved in a collision on the A35 in Dorset. She was travelling at around 10mph in a long queue of traffic when she saw a horse and cart being steered by a gypsy and his 3 friends coming along the main road in the opposite direction. As the horse came level with the car, it suddenly reared and bolted right into the side of our car. The horses head went through the drivers window and the car collided with the side of the car, gouging and denting the front end panel and the drivers door very badly. My fiancee was covered in glass and the man steering the cart didn't even stop, but took off along the road, whipping the poor horse onwards.

Suffice to say, despite Police being called and helpful members of the public helping her, the cart was not found and nor was the man steering it. We were left with a badly damaged car and an extremely shaken fiancee! Obviously we contacted our insurer, Admiral, and they dealt with things very efficiently but valued the car at £1250, said the work that was needed based on the photos I had sent them would cost more than the car was worth and promptly offered us £1250 less the excess of £250 for the car. So we had a grand to buy a new car with and frankly we were never going to replace that car like for like as despite their valuation, it had low mileage and was in great condition beforehand. We ended up spending more than twice that to get a replacement.

Fast forward to today and I have been receiving numerous calls from companies eager to tell me to claim through Motor Insurers Bureau as they provide compensation for drivers who have been unable to trace the other party involved. Obviously these companies want a cut of the compo, one would imagine but I wonder if anyone else out there could honestly respond and advise whether they think we should contact MIB and consider a claim? I'm not one for thinking anything comes free and really had cut our losses with this one, but if anything could be done to help recoup some of our costs, that would be very handy.

Thoughts?

rs65

I think the MIB deals with untraced/uninsured motorists. I could be wrong but I don't think a horse drawn cart needs insurance.

In general terms, the 1972 agreement specifies that MIB will make an award for compensation to the victim of a negligent untraced motorist in respect of personal injuries only, where such injuries are caused by the use of a vehicle which is required to be insured by law.

Meatloaf1981

Thanks for that, I wasn't aware. I think I'll probably give them a call in the morning or something and see what they advise me over the phone.

Buzby

Yes, I concur. Damage caused by animals is explicitly excluded - MIB will be sympathetic but that's about it. IF you had contact details for the 'driver' a possibility you could pursue this in court (with no guarantee of a win).

At least with insurance, you were covered, but the fact your insurer didn't agree with your valuation, that's a different matter.

Aretnap

Even if it was an uninsured motor vehicle, having made a claim on your own policy, if you didn't like the valuation your insurer gave you that wold be a matter you'd have to take up with them. You couldn't then have a second bite at the cherry by claiming the extra from the MIB (other than possibly your excess) - they'd consider you to have been compensated already by your insurer.

OnanTheBarbarian

It is always going to be a fault claim against you.

The MIB won't deal with the horse & cart as there is no need for compulsory motor insurance on it.On an untraced claim like this, no property damage can be recovered unless "significant injury arose" defined as a 4 day+ stay in hospital, so only personal injury would be claimable. But I doubt the MIB will accept the claim anyway.

Even if the MIB dealt with it, your insurer can't get their outlay back, so it will go down as "fault"