I stupidly thought the Motors Insurance Bureau ...

[jammygit]

.....would re-imburse the policy of an insured driver, who has had to cover repair costs for a not at fault accident from their policy (and loosing no claims, claims protection etc into the bargain), where the other party was not insured? And fault was proven etc.

I have been informed that the MIB only cover for compensation for damage to other property, medical cover, loss of earnings etc.

I was hit in the rear by a driver, who was subsequently convicted of drink diving, leaving the scene, driving while disqualified, no insurance etc.

I was completely not at fault, but my policy has had to pay for £10K of costs to get my vehicle back on the road and, as it stands, I have been informed that this is a claim against my policy.

This seems totally unjustifiable, that I have to subsequently foot the bill for some t**ser, who is breaking the law etc etc. I can't see the third party being sued as they probably do not work and have no assets.

Surely this can't be right?????

Makes me feel like jacking in paying for any insurances, road tax, blah blah - why not? Doesn't seem to matter.

[dazren]

So take your scenario then, if you were only insured third party they are effectively saying they wouldn't pay for the repair to your vehicle and neither obviously would your insurer?

THAT STINKS

DAZ

>> Edited by dazren on Monday 10th February 19:26

[jammygit]

Yep - I did ask the question - what if I was only insured on a 3rd party basis?

I would have had to have paid for any repairs myself was the answer.........

Don't see the logic/fairness at the moment. Maybe I'm missing something here...........

[shnozz]

firstly, there are 2 seperate agreements with the MIB - the uninsured drivers agreement (ie, you can identify the little shit) and the untraced drivers agreement (the litle shit does a runner on you)

uninsured agreement - you can recover compensation for personal injury and financial losses. on financial losses there is an excess of £300 (no logic). you can sometimes get around this excess if the losses only directly relate to hte injury - ie loss of earnings/physio bills etc

untraced agreement - compensation for injuries only - diddly squat for any financial loss - even if you were insured TP only and you were left with a bill of £*************

either case, your insurers wont be reimbursed for outlay so you will lose your NCB. As every insurer pays into the Bureau fund, it would seem strange that they then draw back out of it to pay themselves in an uninsured case. plus of course it means they can load your premium and, for a change, the insurers are the winners.

hope this is helpful, if depressing reading

[FourWheelDrift]

Hang on........

I claimed through the MIB a couple of years back when a stolen Rover (it would be) crashed into my Merc. I was parked in a carpark at the time. They argued it wasn't on a public road. But after some help from a friend, who's friend was a solictor he came up with 2 case where a car park had been successfully argued into being a public road.

My advise is contact your legal people (throught the insurers) and put your case to them backing it up with any evidence you can get. I believe the MIB will not pay out unless they have some proof.

By the way the car park I was in was 100m from the MIB offices in Milton Keynes!!!!!!!!!!!!!!!!!!!!!

Moral of the story - "Take no St from anyone"

[rewster]

About 2 years ago, My car was in a collision with a P***ed up, unlicienced (Already banned for DD), uninsured driver. I got the same answer, because I was comprehensivly insured, I got nowhere with MIB. What is really sad is that if I had been third party only, they would have covered the costs of the damage, with a £300 excess (My policy was a £350 excess!!!). The parasite got six months inside for this (Don't believe this was his first time inside either).

My uninsured loss recovery had a go at him, but he had no job and no assets to have a go at, so dropped the case.

Makes you think whether its worthwhile actually working to make a better life for yourself, when parasites like him get it handed to them on a plate.

Wish I could have got my hands on the little scrote when I found out he was uninsured

Sorry, but you will have to take this one on the chin.

[joust]

It's all here

www.mib.org.uk/GF.asp?

Plain English Q&A's are here
www.mib.org.uk/GIfund.asp?id=1&subid=1F

If your case in an "uninsured" driver, not an "untraced" driver, then you can claim for property damage - including damage to your car.

Unfortuantly it seems that beacause you have already claimed you have ruled yourself out....

9. What is MIB's position where the victim has other sources of compensation available? As a general principle MIB is a fund of last resort and does not pay where the victim has already been compensated from another source.

10. What is the position of a comprehensive motor insurance holder whose car is damaged by an uninsured motorist? A claimant with a comprehensive motor insurance policy cannot be required to claim under it, but most wish to do so as the quickest method of getting a car back on the road and of course MIB applies a £300 excess. MIB will consider claims for uninsured losses.

Unfortunatly 9. rules you out, but 10 does show that you could have applied to MIB first (however you would have been without your car for some considerable time) To that end to therefor take such a hard line doesn't seem particularly "sporting" of them - but then they do have a duty to minimise their operating costs.

I would in the first instance go back to them saying that you have no obligation to use your insurers, and that you wish to claim via the MIB to ensure that you are placed back into a position of indemnity.

Sorry I can't be more helpful, but you should take advice from your insurance company, and you can complain to the ABI if you feel you have been unfairly treated.

J

[shnozz]

recent case law is leaning on car parks being considered a public road.

on the MIB Jousts' link is handy. I havent looked at the web site at any great length but have done MIB claims on behalf of clients for 8 years - they regularly change their rules and it is a minefield with regards to the hoops you must jump through to make a successful claim. If you have legal expenses cover on you rpoilicy - this is the time to use it. the rules are so complex that Fed up MIB claims constitute a fair number of negligence claims against solicitors. The MIB rules must be complied wit hto the exact word, and if not the claim will be struck out and cannot be reinstated.

best of british anyway