Cyclist injured by a car in a hit and run makes personal injury claim through the MIB Untraced drivers scheme

cyclist injured in hit and run accident claims compensation via the MIBMs G was cycling her bike in Coventry when she was overtaken by a car who hit her and caused her to fall off her bike and  onto her face and right knee causing her personal injury. The car which was described as a dark 5 door sped off without stopping. The weather was icy and it was quite dark so no details of the car were taken by Ms G or the witnesses in the car behind.

Ms G wanted to make a claim for her injuries and damaged bike so contacted Hayward Baker Solicitors to see what her options were. She was advised that although the car was untraceable the fact that she reported the incident to the police and she went to her local hospital for treatment for her injuries then she would be able to make a claim through the Motor Insurers Bureau (MIB).

The MIB is a non-profit making company set up by motor insurers. They enter into agreements with the UK Government in order to compensate victims of motor accidents as listed below:

  • The MIB compensate victims of uninsured drivers.
  • The MIB compensate victims of untraced drivers.
  • The MIB also run the Green Card System in the UK. This system is to make sure that people who are victims of accidents with foreign-registered vehicles are not at a disadvantage. This means that they compensate UK citizens who are involved in accidents with foreign-registered vehicles, either in the UK or within the European Common Area.
  • The MOB also run the Motor Insurers Information Centre.

The Road Traffic Act 1988 requires that every insurers that underwrites compulsory motor insurance must be a member of the MIB and must contribute to their funding.

Mr G instructed Hayward Baker Personal Injury Solicitors to act for her in her claim for personal injury compensation.

Ms G’s solicitor guided her through completing the necessary claim form for the MIB and once completed they sent this form  to the MIB with a covering letter stating that Hayward Baker Solicitors are acting on Ms G’s behalf.

Because of the nature of the accident (i.e. an untraceable vehicle) the MIB would take longer than a normal claim to investigate and Mr G was informed of this.

Three weeks passed until and acknowledgement was received from the MIB stating that they were now dealing with the claim and have started their investigations. A week later the MIB sent another letter to Ms G’s solicitors stating that they had instructed an agent to take a statement from Ms G and they had requested a medical appointment for her to be examined by a General Practitioner who will then formulate a report on her injuries it is this report that will be used to prove that the injuries were caused by the accident and will guide her solicitor as to  how much the award for compensation is likely to be.

In the meantime Ms G completed her statement and the MIB continued with their investigations.

A few weeks later the MIB wrote to Hayward baker and confirmed that liability is not in dispute but they would consider the issue of causation upon receipt of the medical report and if this report  confirms that Ms G’s injuries were as a result of the accident then the MIB have agreed to pay compensation. Ms G’s solicitor advised her that the medical appointment may take up to 6 weeks to come through.

Ms G had now had a physiotherapy assessment for her knee injury and is currently awaiting a referral to have an MRI scan of her knee.

Ms G’s solicitor chased the MIB for an update regarding the MRI scan and medical report. Ten days later the report was received which stated that the injuries were as a result of the accident and that an MRI scan was required. The MIB confirmed that they would be arranging the appointment for the MRI scan. A few weeks passed and the MIB confirmed that they had the MRI scan results and that these had now  been sent to the medical expert so that he could update his medical report.

The MIB subsequently sent the medical  report to Hayward Baker Solicitors along with a letter containing an offer to settle the claim and in addition offered a sum of money for 8 sessions of physiotherapy treatment as recommended by the expert in his report.

Ms G received a letter from her solicitor regarding the offer from the MIB and stated that it was a good offer and advised her to take the offer and settle the claim.

Ms G accepted the offer and was awarded just over £3,000.00 in compensation for her injuries.

From Ms G making initial contact with Hayward Baker and receiving her settlement cheque took  10 months.





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