Legal Proceedings v Motor Insurance Bureau – Fatal Accident Claims
One a relevant bereaved family member instructs a fatal car accident claims solicitor proceedings will be taken against the driver said to have caused the fault. Now if that driver is uninsured or untraced a case may be made out against the Motor Insurance Bureau or (MIB).
The MIB will effectively run the case and if the offending driver is at fault will make an award of compensation.
Practical Steps to Issue Proceedings v MIB
There are special rules for fatal accident solicitors to take action where the MIB is involved. Failure to adhere to the rules (Uninsured Drivers Agreement) for instance will mean that a perfectly good claim for fatal accident compensation will have to be rejected. The main points a fatal accident claim solicitor will have to bear in mind is:
MIB claim form, must be completed and submitted to the MIB as soon as possible.
Upon issue of proceedings relevant notice in accordance with the Uninsured Drivers Agreement but be given to the MIB (Clause 9).
Once the court has issued proceedings (the fatal accident solicitor must inform the court NOT TO SERVE UPON THE MIB/DEFENDANT) as the solicitor must then notify that the claim form has been issued within 14 days. The court may fail to inform the Claimant fatal accident solicitors that the claim form was issued in time which may result a failure to provide proper notice.
Upon issue of the claim form the fatal accident solicitor must then serve this upon the MIB and defendant driver (if traced but uninsured) together with other relevant documents which will include the particulars of claim, medical evidence and a schedule of loss. Further all relent correspondence with the defendant and any relevant insurance certificates – Clause 10.
When the fatal accident claim solicitors serve all of the relevant documents it is good practice that notice is provided at the same time that if there is no defence served within 35 days of service, the Claimant reserves the right to enter judgement.
Failure to Comply Will Result in the Fatal Car Accident Claim Being Struck Out
A failure of the fatal accident claim solicitors to comply with the strict time limits set out in the Motor Insurance Bureau Uninsured Drivers Agreement can result in them rejecting a perfectly valid claim. Even if the procedural aspects are complied with when proceedings have been issued and serve, if the fatal car accident solicitor failed to give notice within the 35 day period to enter judgement, again the MIB may reject the fatal car accident claim.
The hurt of loved ones following a fatal road accident is compounded when the person who caused the death was uninsured.
It is difficult enough to have to deal with the legal complexities following the sudden and unexpected loss of a close family member but then having to find out there is no insurance just makes matters more difficult.
Step in the Motor Insurance Bureau, who can deal with fatal car accident compensation claims if the driver of the vehicle that is at fault was uninsured or untraced.
Fatal Car Accident Uninsured Driver or Untraced Driver
If the driver that caused the death cannot be traced or even if traced has no insurance solicitors acting for the bereaved family will take action against the driver via the MIB. The MIB is a fund set aside by a pool of insurance companies to compensate loved ones for the death of a close family member, funeral expenses and financial dependency losses.
Many fatal car accident claims are taken against a driver that is properly insured but there it is still not uncommon for the MIB to be involved.
Many fatal car accident claims are often following by criminal charges brought by the police for such offences as:
To take specialist legal advice from solicitors who deal with fatal car accident claims is necessary to over-come the legal complexities that often accompany fatal road traffic accident compensation claims. Not every solicitor who deals in personal injury will have all the necessary expertise to represent bereaved families.
Contact us now the fatal accident claim solicitors, we are here to help you every step of the way.
Where a driver has caused a fatal accident claim and has no insurance a claim for compensation can still be made.
Despite the fact that the vehicle or driver is uninsured does not bar a claim for compensation providing that the accident has been reported to the police as soon as possible. Obviously due to the seriousness of a fatal collision this not usually a problem.
Assuming that the relevant reporting and requirements have been made a claim for fatal accident compensation can be made via the Motor Insurance Bureau.
What Happens Next?
Your fatal accident claim solicitors will investigate the claim in the usual way. The relevant steps would be:
Liaise the MIB regrading procedural aspects of the fatal accident claim
Reach a settlement for fatal injury compensation
Why the MIB?
The MIB was set up to compensate victims of road accidents where the cause of the accident was due to an uninsured driver or untraced driver. The MIB is known a fund of last resort so that the MIB will only step in if there is no other insured person liable in respect of the accident.
The MIB scheme is not limited to fatal injury, it also covers general personal injury and losses.
Untraced drivers are also covered, ‘hit and run’ claim.
Claim for Uninsured Fatal Accidents/Personal Injury?
Anyone considering make a claim for a fatal accident or personal injury against either: