MIB rejected my claim

I was riding my Honda PCX125 when I was the victim of a hit and run accident. I was knocked off by a Renault Kangoo, which then left the scene. I had various injuries and my bike was written off. I had to take 6 weeks off work. I lodged a compensation claim with the Motor Insurers Bureau. They rejected my claim, saying that the other driver leaving the scene is not evidence of his negligent driving.  He hit me when he pulled out of a junction into my path. Surely this is a cut and dry case and what should I now do?

Thomas, by e-mail

Answer

The Motor Insurers’ Bureau (MIB) is an organisation that compensates victims of negligent untraced drivers in addition to victims of negligent uninsured drivers. In order to succeed with a claim you have to show that your injuries were ‘caused by or arising out of the negligent use of a motor vehicle’ on a road or other public place.

Therefore if you can prove negligence your claim should be successful. The MIB correctly states that just because he left the scene that is not evidence of negligent driving that caused your accident. However, if you were established in your lane and he pulled out on you it speaks for itself that he was negligent as he failed to look properly or at all.

I suggest you instruct a specialist solicitor to look at the claim because there is a 6 week deadline to appeal the MIB’s decision.