Before submitting a claim, solicitors should make every effort to discover if there is an identified driver and insurer of the other vehicle. If a registration number is availble, this should include searching the MID (Motor Insurance Database) using askMID. Sometimes contacting the insurer can lead to identifying the driver.
We have to return or reject a high proportion of claims received at the outset due to insufficient information on the claim form or non-compliance with the Untraced Drivers’ Agreement. In particular please note the following:
Make sure your client’s claim falls within the scope of the Untraced Drivers’ Agreement. You can read the Agreement in full here. Common reasons for claims to be rejected on submission are:
- Failure to meet the requirements for reporting to the police
- Claims made for damage to property where the identity of the vehicle at fault is not known
- Claims made outside the time limits for submitting a claim
Finally, please make sure the declaration on page 7 of the claim form is completed and signed.
Pre-Action Protocol for Low Value Claims
The website www.claimsportal.org.uk provides information on how to submit claims (valued up to £25,000) within this the scope of the Pre-Action Protocol and also provides a link to the Claims Portal.
If the defendant’s vehicle is found on the MID, please give details of the enquiries you have made with the insurer/broker on the Claim Notification Form (CNF) and send as much additional documentation as possible.
Please ensure that Section 5 is completed fully because this is a mandatory field.
The protocol does not apply to claims where the defendant’s vehicle is registered outside the UK.
Claims that fall outside the Claims Portal
Claims that fall outside the scope of the Claims Portal, can be submitted direct to the MIB.
To submit a claim to the MIB you should download a claim form or complete the online claim form. Please read the Guide to making an MIB claim and ensure your claimant has read this guide also.
For postal applications please attach supporting documentation to show the enquiries you have made about the vehicle, and communications with the driver you believe to be responsible.
Please also provide copies of any documents or information exchanged at the scene of the accident.
Section 6 on the claim form provides a check list of the information we require.
Please also ensure that the declaration on Page 7 is completed and signed.