What will happen after you submit a claim?
MIB will confirm receipt as soon as possible and explain what action is being taken. The action will vary depending on the case and the information you have been able to supply. However, as well as investigating the amount of your claim, we must try and contact the uninsured motorist to obtain his account of the accident as well as his permission to intervene.

Why do you need the permission of the uninsured motorist to deal with my claim?
Even uninsured motorists have the right in law to deal with their own affairs, and the agreement does not permit us to ignore their rights. However, if the uninsured motorist does not co-operate, we will tell you what options appear to be available to progress your claim.

What if the motorist cannot be identified?
If you have been injured by a vehicle that does not stop, you will be able to submit a claim under the Untraced Drivers' Agreement. Damage to property claims can only be considered if the accident occurred on or after 14 February 2003. 

The accident must be reported to the police within 5 days and a claim made within 9 months.  It is a requirement that the vehicle causing the damage must be identified as a condition of being able to claim for property damage. 

If you have been injured you must report the accident within 14 days to the police or as soon as reasonably possible.

What is the position with Cross Border Claims?
For green card claims, that is accidents which have occurred in the UK where the other is foreign registered, the claim will be investigated according to UK Law and contact made with foreign bureaux or insurers.

Claim arrising from accidents abroad can be more complex as local law may apply.

How long will my claim take?
This is difficult to predict as many factors are involved.

If your claim is limited to property damage or minor injury it should be resolved in 4 or 5 months, or less.

If, on the other hand, your claim involves contested liability, evidentiary difficulties, or serious injury it may require the police report to be obtained, which can take some time, especially if its release is delayed by criminal prosecutions.

Injury claims can also be delayed if it is difficult for your doctors to agree on the effects, and you may be advised to wait until you have recovered fully, before agreeing any compensation.

MIB will make every effort to reach a decision on responsibility for the accident within three months and to keep you informed. Where there seems to be the prospect of a long delay, MIB will consider an interim payment.

Claims arising from accidents abroad may depend on responses from foreign bureauz and insurers and can take longer.

Will my claim be paid in full?
Responsibility for the accident has to be agreed, decided by a Court in uninsured cases or an arbitrator if the responsible driver is untraced. The decision will be based on the evidence, and your claim may be reduced by a proportion, or possibly rejected if the evidence is that you were partly or wholly responsible.

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) will have an excess of £300 deducted. If the accident occurred before 1 October 1999, the excess applicable (under the previous Uninsured Drivers' Agreement) will be £175.

For accidents dealt with under the under the Uninsured Agreement, that occur on or after 07 November 2008, no excess will be deducted.  For accidents dealt with under the Untraced Agreement, the £300 excess still applies.

There is no excess on green card claims.

Injury claims including loss of earnings, are subject to a legal obligation on MIB to refund to the Department for Work and Pensions certain benefits that you have been paid as a result of the accident, and to deduct that amount from your claim for loss of earnings. You are advised by the DWP as to the amount MIB has to pay and, if you disagree, you have a right of appeal to the DWP.

What can I do if I think I have grounds for complaint?
MIB endeavours to handle all claims quickly and efficiently however, if you are dissatisfied contact your solicitor or representative and ask him to resolve the problem by telephone

If you are not represented you should contact the claims handler in the first instance to discuss and advise them of your concerns or issues.

The handler will then attempt to resolve the situation.

If you remain dissatisfied you may lodge a formal complaint. You can write to the Customer Service Manager who will investigate your complaint and attempt to resolve the matter. 

If you feel your complaint has not been resolved through this procedure, the Chief Executive of the MIB is always happy to review any decisions on complaints. If you are still not satisfied and your complaint is a matter of principle that may be of public interest, you can write to the Minister for Transport. The minister will want assurance that our complaints procedure has been followed before becoming involved.

Write to: Minister for Transport

Department for Transport
Licensing, Roadworthiness & Insurance Division
Great Minster House
76 Marsham Street
London
SW1P 4DR