Issuing Court Proceedings
A lot of the provisions are regarded as onerous. Where the MIB is joined as a party to proceedings the Court serves all papers on them, but if the Claimant fails to also serve them, the MIB are entitled to reject the claim. Fortunately the MIB generally seem to take a results based approach. However, even the MIB's own legal representatives sometimes fail to properly understand the requirements of the scheme, never mind a Claimant lawyer.
If you issue proceedings and then fail to comply with their rules, it may be possible to withdraw the claim, re-issue it and then comply. However, this is not guaranteed. In particular, if proceedings were issued just before limitation it is unlikely that this option would be available.
When giving notice of the commencement of legal proceedings you need to serve copies of correspondence with the other side and a copy of your own insurance policy. The MIB will not pay out to an uninsured Claimant.
The MIB are an insurer of last resort. They have an agreement with the insurance industry whereby an insurer of a vehicle will pay out in the event the driver is uninsured (the doctrine of " domestic regulations insurer"). It is then up to them to sue the driver for the money they had to pay out. Despite this insurers often seek to tell Claimant's they have withdrawn cover and will not pay out.
If you were not insured, the MIB will not pay out. However, this does not mean you cannot sue the other driver direct. You should only be doing this if you know what you are doing or you are represented by someone who knows what they are doing. Get it wrong and it could be an expensive mistake.
If you were uninsured and are being claimed against, you are entitled to defend the claim and claim compensation yourself. However, as with other types of claim, it is very important you use a solicitor who knows what they are doing. That’s why we recommend you call us to discuss the matter.