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Accident definition

What does Accident mean? In legal practice, an accident describes a sudden, unintended and unexpected event that causes personal injury, death or property damage. The term is descriptive and used across personal injury (negligence, employers’ liability, public liability), insurance and health and safety law; its precise scope depends on context and any applicable statute or policy wording. In road traffic cases, legislation imposes duties following an accident (for Great Britain, see Road Traffic Act 1988, s.170; Northern Ireland has equivalent provisions; Ireland’s Road Traffic Acts contain similar duties). In workplace health and safety, reporting regimes refer to accidents (for example, RIDDOR in Great Britain and...

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Untraced driver claims under the MIB: 2017 Agreement scope and exclusions, uninsured vs untraced, procedure, costs, and post-Brexit/2022 reforms

Practice notes
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Note: For collisions after 1 March 2017, the Motor Insurers’ Bureau (MIB) will meet claims for damage to an uninsured motorist’s car where another untraced driver caused it. The government said this amendment was required to comply with the EU Motor Insurance Directive and that the changes would be revoked following Brexit.

The untraced driver

Where the motorist who causes a crash cannot be identified, for example after a hit-and-run, the claimant should apply straight to the MIB. Under the terms of the applicable agreement, the MIB will compensate a victim of an accident involving an untraced driver for:

  • injuries
  • death
  • property damage

The Untraced Drivers’ Agreement 2017 covers accidents on or after 1 March 2017. For accidents on or after 14 February 2003 and before 1 March 2017, the Untraced Drivers’ Agreement 2003 applies. Before that, claims concerning untraced drivers fell under the Untraced Drivers’ Agreement 1996. There were supplementary agreements in 2008, 2011, 2013 and 2015. The MIB offers a helpful Correlation Table setting out the differences between the 2003 and 2017 Agreements. In Cameron, a Victims should apply directly to the MIB for compensation in line with the relevant Untraced Drivers’ Agreement and any supplementary provisions therein...

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Samuel David
Samuel David

Sam is a Partner at Anthony Gold, specialising in personal injury and clinical negligence matters. Throughout his career he has worked closely with Partner Jenny Kennedy on a wide variety of cases. Sam’s clients come to him with a wide range of injuries, from catastrophic personal injury to road traffic accident cases as well as birth injuries through to cauda equina syndrome matters. He has wide experience of dealing with foreign national claims helping people who have been injured whilst working or holidaying in the UK, as well as British nationals injured abroad.Making a difference at the start of a personal injury claim is very important to Sam and comprehensive rehabilitation for his clients is always at the forefront of his mind.He is known for his ability to provide compassionate, pragmatic, and realistic legal advice to his clients and/or their...

Web page updated on 22/05/2026

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