Motor Insurers Bureau - how does it work in practice....?
Discussion
Anyone on here a solicitor who deals with RTA/PI claims, or someone who has experience of the way the MIB works in practice....?
I don't do road traffic or injury work but I'm trying to help a friend out who had an accident on the day after their cover had lapsed and they had neglected to reinsure.... A (small - c£1,000) claim has been issued on behalf of the child who was a passenger in the car that was hit.
I know the general stuff about it being a fund of last resort to pay up where an injured party has no recourse againt an uninsured driver but not really how it works in practice. In the case in question, proceedings have been issued against both the uninsured driver and the MIB. It seems that the MIB's solicitors have already made a without prejudice offer to the claimant to settle the claim.
The crux of my query is - if the fund is supposed to be a fund if last resort, would you expect them to make offers to settle the litigation at this early stage before it is even apparent whether the uninsured driver has the means to settle any judgment? Would I be right in assuming that if the MIB settles the claim then it will seek an indemnity from the uninsured driver and try to recover some or all of what it has paid out?
Thanks
I don't do road traffic or injury work but I'm trying to help a friend out who had an accident on the day after their cover had lapsed and they had neglected to reinsure.... A (small - c£1,000) claim has been issued on behalf of the child who was a passenger in the car that was hit.
I know the general stuff about it being a fund of last resort to pay up where an injured party has no recourse againt an uninsured driver but not really how it works in practice. In the case in question, proceedings have been issued against both the uninsured driver and the MIB. It seems that the MIB's solicitors have already made a without prejudice offer to the claimant to settle the claim.
The crux of my query is - if the fund is supposed to be a fund if last resort, would you expect them to make offers to settle the litigation at this early stage before it is even apparent whether the uninsured driver has the means to settle any judgment? Would I be right in assuming that if the MIB settles the claim then it will seek an indemnity from the uninsured driver and try to recover some or all of what it has paid out?
Thanks
Sounds more like a personal injury claim than a claim for the vehicle damage. Because its a child I would say they pay out first because of the medical evidence from claimant. This could be questioned later by one of there own doctors, if it sounded a bit iffy. This would then be followed up with surveillance and claw back if proved false. The mib and other insurers tend to pay anamount out first to clear the unital claim. Hth
There is no MIB "in practice". Insurers handle the claim, and get a rebate on their MIB fee in return.
So this will be handled by a standard insurer.
A £1000 PI case will probably get fast tracked in the way you describe, offer them some money to "go away".
If the MIB agrees to take the action, then the claimant will have to subrogate all rights to recovery from the TP anyway, so this dual action is pretty pointless.
And yes, the MIB will usually seek to recover.
Been a while since I worked at an MIB claims handler, so this may be out of date.
So this will be handled by a standard insurer.
A £1000 PI case will probably get fast tracked in the way you describe, offer them some money to "go away".
If the MIB agrees to take the action, then the claimant will have to subrogate all rights to recovery from the TP anyway, so this dual action is pretty pointless.
And yes, the MIB will usually seek to recover.
Been a while since I worked at an MIB claims handler, so this may be out of date.
Noger said:
There is no MIB "in practice". Insurers handle the claim, and get a rebate on their MIB fee in return.
So this will be handled by a standard insurer.
A £1000 PI case will probably get fast tracked in the way you describe, offer them some money to "go away".
If the MIB agrees to take the action, then the claimant will have to subrogate all rights to recovery from the TP anyway, so this dual action is pretty pointless.
And yes, the MIB will usually seek to recover.
Been a while since I worked at an MIB claims handler, so this may be out of date.
I'm certain this is still the way it works.So this will be handled by a standard insurer.
A £1000 PI case will probably get fast tracked in the way you describe, offer them some money to "go away".
If the MIB agrees to take the action, then the claimant will have to subrogate all rights to recovery from the TP anyway, so this dual action is pretty pointless.
And yes, the MIB will usually seek to recover.
Been a while since I worked at an MIB claims handler, so this may be out of date.
The ability of the Defendant, to pay, is not a consideration when the MIB Claims Handler deals with the claim. And quite ightly, too. The MIB system would be pointless if it didn't pay the innocent victims of motor accidents. I don't understand the issue here - does the OP's friend want to have an active involvement in the claim? She can't tell the MIB claims handler what to do - that's not the way it works...
(sorry if I've misunderstood)
RichBurley said:
I don't understand the issue here - does the OP's friend want to have an active involvement in the claim? She can't tell the MIB claims handler what to do - that's not the way it works...
(sorry if I've misunderstood)
There's no issue as such - just me trying to understand how the process works, since it appears that the MIB has become embroiled earlier than I had assumed they would (albeit an assumption based on no knowledge of how they work). (sorry if I've misunderstood)
I suppose the main issue I'm trying to clear up is what the MIB will do in respect of seeking to recover from the uninsured motorist anything it has paid out to the claimant. I had assumed (and it seems to be correct based on what's been posted above) that the MIB will simply seem to recover from the uninsured driver any monies paid out in settlement of the claim.
Lurking Lawyer said:
I suppose the main issue I'm trying to clear up is what the MIB will do in respect of seeking to recover from the uninsured motorist anything it has paid out to the claimant. I had assumed (and it seems to be correct based on what's been posted above) that the MIB will simply seem to recover from the uninsured driver any monies paid out in settlement of the claim.
The MIB will contact them. I think they get the to sign something saying they will act on their behalf, and also that the uninsured driver will be liable for what they pay out.If they do sign, then the MIB negotiate, pay, then recover (no idea over what timescales).
If they don't sign, then the MIB will get the Claimant to subrogate their recovery rights. They will negotiate, pay, then litigate against the uninsured driver.
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