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Legal500

Title: Objects in the Road - Motor Insurers' Bureau

Date: 23 February 2011

 

Question
 
I have recently heard of the Motor Insurers Bureau following some research after my accident in which someone knocked me of my Fazer and fled the scene. Luckily I only sustained a couple of broken ribs but I was off work for a couple of weeks and my leathers were damaged. What accidents does the Motor Insurers Bureau compensate for?
 
Trevor Landsdale, Hastings
 
Answer
 
The Motor Insurers’ Bureau (MIB) is a government body set up to compensate victims of untraced and uninsured drivers.
 
In your case the relevant agreement is the Untraced Drivers’ Agreement 2003. The MIB will compensate for personal injuries and financial losses although in “untraced” cases property damage and property-related damage is excluded. This is not the case in “uninsured” cases.
 
I have highlighted before that the MIB compensates diesel spill victims but this is not all. The MIB will also compensate in the following cases assuming of course the evidence can be gathered to prove on the balance of probabilities (more than 50%) that the negligence of an untraced driver was responsible for the accident.
 
-   Hit and run accidents (victim can be a motorist, cyclist or pedestrian)
 - Shed load (for example vegetable oil, sugar, timber and so on)
 - Vehicle parts in road causing a collision (e.g. bumper or other previous accident residue)
 - Dazzling by full beam headlights
-   Other items in the road, such as parts of road works knocked into the road by other motorists
 
It is important to remember that the definition of negligent acts “arising out of the use of a motor vehicle” is widely interpreted thanks to helpful case law. Therefore if in doubt seek advice from a specialist lawyer.

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