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Proposed changes to the Untraced Drivers Agreement 2003

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Proposed changes to the Untraced Drivers Agreement 2003

The Department for Transport opened consultations at the end of last month (May 2009) on its proposal to introduce a definition of the term ‘significant personal injury’ with regards to claims for damage to property arising from accidents caused by the driver of an unidentified vehicle.

This proposal comes as a move by the Department for Transport to try to introduce uniformity and efficiency to property claims forming part of MIB (Motor Insurance Bureau) Untraced Drivers Agreement claims. The MIB being the body set up in 1946 to deal with all claims made by victims who have suffered injury as a result of the negligence of either an uninsured or untraced driver.

Article 2 of the European Directive the 5th Motor Insurance Directive (2005/14/EC, “the 5th MID”) dictates that if a victim of an unidentified vehicle is paid compensation for ‘significant personal injuries’ as a result of the accident, and the victim’s property is also damaged as a result of the same accident then the Member State must compensate the victim for the damage to his property. The Directive does not define ‘significant personal injury’ however, and leaves it to the individual Member States to determine which injuries fall within this definition.

The term is not currently defined in the UK and by defining it in certain terms, the Department for Transport aims to provide a process for property damage compensation which is transparent, fair and straightforward for those who are entitled to claim for such damage. This proposal will require the current Untraced Drivers Agreement 2003 to be amended.

Whilst MyClaim is in full support of any proposals to increase uniformity and efficiency in this currently unclear area of the law, which will result in greater certainty and a better service for victims, it urges the Department of Transport to err caution in defining this term. MyClaim warns that to set the bar too high will leave a large number of genuine victims uncompensated for the damage caused to their property.

The consultation phase for this proposal commenced on 21 May 2009 and will continue until 3 July 2009. Details of the proposal can be found on the Department for Transport’s website, http://www.dft.gov.uk/, with details of how one can provide their views as to how this term should be defined.

Unfortunately despite the fact it is a legal requirement that all drivers must have insurance it is thought that up to 1 in 20 divers still do not have a valid insurance policy in place, resulting in over 30,000 people finding themselves victim to being injured by an uninsured or untraced driver every year.

If you are unfortunate enough to have suffered injury as a result of an uninsured or an untraced driver MyClaim can assist. Its specialist panel includes Road Traffic Accident lawyers who have years of experience in dealing with this complex area of the law, and will ensure that you receive the maximum amount of compensation. What’s more MyClaim’s  panel solicitors can deal with your claim on a ‘No Win No Fee’ basis.

• Changes-to-MIM-Untraced-Drivers-Agreement.doc