There is a misconception generally that if you have been involved in an accident with an uninsured driver or the victim of a "hit and run" where you have suffered injuries or other losses that there is no right of redress under the law of personal injury. This is not the case.

There is a body known as the Motor Insurers' Bureau (MIB) whose most important function is the safety net it provides for victims of drivers who are uninsured or cannot be traced. The procedure to make such claims requires an Application Form to be completed and submitted to the MIB. Following this, and if the responsible driver is uninsured and the MIB thinks it is worthwhile, it can try to have any monies spent out returned from the negligent driver. Prior to this the MIB will expect the victim to have, as soon as reasonably practicable, demanded from the responsible party confirmation as to whether they are insured and either give the details in his certificate of insurance, or the registration number of his vehicle, the policy number, the name of the insurer, and the period of cover. It is an offence not to do so, punishable by a fine of up to £2500. If the responsible party fails to comply with these conditions, the victim must make a formal complaint to a police officer regarding such failure and use all reasonable endeavours to obtain the name and address of the registered keeper of the vehicle. The MIB will usually interpret "as soon as reasonably practicable" to mean that the victim should demand the information from the responsible party within a few days of the accident, and make the complaint to the police within 7-14 days, unless there is a good reason for the delay.

If the responsible party is identified but is uninsured, the Uninsured Drivers Agreement applies. However, if the responsible party subsequently drops out of sight, the MIB is likely to say that he was never truly identified and that it will deal with the claim under the Untraced Drivers Agreement.

The Untraced Drivers Agreement will apply when it is impossible for the victim to identify the person who is, or appears to be, liable for any injury or losses they have caused. Following this, the MIB will compensate the victim for their injuries and any financial losses. There are strict guidelines under this Agreement in that, in respect of death or bodily injury, the application to the MIB must be made no later than three years after the date of the accident and where there is damage to property, nine months after the date of the accident. The reporting of the incident to the police is of paramount importance here, in that where there has been death or bodily injury, no later than 14 days after the accident in the case property damage, no later then 5 days after the accident, but where not reasonably possible, it must be reported as soon as reasonably possible. There must also be satisfactory evidence of the victim having made the report to the police.

The Uninsured Drivers Agreement covers the victims of injury, loss and property damage where this was caused by the responsible party who is known but who had no valid insurance for his vehicle. Generally, the victim must also issue proceedings and obtain judgment against the responsible party but the MIB must be brought into these proceedings. Once the victim has judgment against the responsible party, the MIB will pay the victim compensation.

If you are injured within the UK by a driver from abroad and who is insured abroad, the MIB deals with the claim in that it acts as the foreign insurer's agent or representative under the Green Card scheme.

From the above, it can be gathered, although this outline is not exhaustive in respect of the requirements of the Agreements, that there can be a number of loopholes the victim can fall foul of preventing them from pursuing a claim under either Agreements. Therefore it is strongly advised that immediate legal advice from a personal injury solicitor should be sought and that victims not try to pursue such claims without the same.

If you have been involved in an accident either on the road, at work or any type of accident, give Lamb and Co a call and one of our qualified Solicitors will provide you with free upfront and honest advice.

This article has been written by Karen Ashton, who is a solicitor at Lamb & Co,Personal Injury Solicitors, who are a Quality Solicitors firm.