Dealing with the MIB under the Untraced Drivers Agreement 2003 has become much clearer after a recent arbitration ruling. Andrew Ritchie QC reports
Untraced drivers cases are generally thought to be difficult and unprofitable for lawyers acting for the applicant because the Motor Insurers’ Bureau (MIB) gathers all of the evidence and then decides the award. The claimant’s lawyers are excluded from the evidence-gathering process (unless the claimant wants to pay them personally) and only receive the fixed fee. If the award is appealed, it goes to arbitration and, if requested, a full oral hearing. If the applicant is successful, normal legal costs are awarded.
A better way
Dealing with the MIB under the Untraced Drivers’ Agreement 2003 (UDA 2003) has become much clearer post- Andrews v MIB [2012] . Here, after a three-day arbitration hearing before Jeremy Stuart-Smith QC, the applicant, a paraplegic, won on liability and causation. Two months later, despite the MIB trying to restrict the applicant’s costs, he was awarded his normal legal costs and disbursements. Five months later, despite the MIB arguing that the decisions were private
