Thread: Motor Insurance Bureau

Hi. I wonder if anyone has had dealings with the MIB. I am into a 4 year claim and am now off work about to go on no pay. My insurers appointed the Solicitor dealing with it. I live in Kent,they are in Yorkshire.

I`ve been arguing for an interim payment whilst the wait for me to see yet another Consultnt. My wife was compensated 2 years ago so they obviously agree there is a claim but we stuck it out for me as the main wage earner. Getting desperate now help please!

You should be chasing your insurers for an urgent settlement. Failing a speedy resolution, complain to the Insurance Ombudsman (FSA) as after 4 years, I think your patience is admirable.

I would chase the solicitor if the mib wont release an interim payment they should apply to court for one

Forgive me for my ignorance but there is no court. I was hit by a stolen lorry which was then dumped and no one caught.

Ah, if there's no insurer looking after YOUR interest, and your solicitor has been pursuing the MIB Fund, then your solicitor should be best placed to chase them. As there is no 'debt' just the payout from their discretionary fund, I donlt think legal moves to enforce a payout would succeed.

The Solicitor was appointed by my insurer Tesco as I had legal cover on my policy. Would I be too cynical in thinking that the longer this goes on the more money they earn!

I doubt it, it's possible because they only get a fixed fee element from any settlement that they've lost interest. I still think you need to push them to complete the task!

I`ve been dealing with a Legal Executive who is mostly unavailable so I`ve asked for a Solicitor to look at it. FSA can`t help but have asked for complaints procedure . Thanks for your help

How can this be a 4 yr old claim without proceedings issued? The MIB are to all intents and purpose an Insurer and therefore still deal with it on that basis. Find out why the MIB wont give an interim and say you want an interim and you want an application issued if the MIB wont do it voluntarily

What do you mean proceedins issued?Who against?
It`s taken 4 years because I continued working but on light duties with a very understanding boss and long periods of sick leave. I had 6 months councelling at their instigation and 2 MRIs. Now waiting to see another Consultant.
I had a back operation due to sports injury in 1988 and resumed all sports activity and work until in the accidnt Nov 2004. They are trying to infer I had a pre existing condition although hsvn`t actually said that

proceedings have to be issued against the MIB within 3 years of the accident - you need to find out what the current situation is from your solicitor what offer has been made by the MIB to settle, if any?

I had an offer of £2200 in the first year of the claim which I declined, My wife was offered £2000 also declined, Two years ago my wife accepted £4000 but we have held out for me as I am the only wage earner,my wife being disabled (not by the accident). I am now in almost daily contact with my Solicitor by phone or email. I had a Consultants report in 2005 which supported my claim but then they decided I needed some councelling for basically being p`ed off about being hit by a stolen lorry. This took 6 months by which time my first Consultant hsd retired! I saw another private Consultant last year but he didn`t even examine me,got my name wrong on the report and even said I walked into his room unaided when I had a stick He suggested 6 sessions of physiotherapy would sort it out! I complained to Solicitors who will thank goodness not use his report. I am now waiting for another Consultant who has to get my updated medical records from my GP!
My last e mail to my Solicitors yesterday warned them that I would have to go on a debt manegement plan or even bankrupt when I go on no pay in May! I have 2 daughters at home,one going to university in September so stress levels are pretty high. Still I suppose she`ll get the full grant although she thinks it`s on 2008/9 salary.
I`v applied for a blue badge (rejectedbut appealing)
DLA (still waiting)
Incapacity Benefit or whatever it`s called now which I can`t claim until I get an SSP1 in March.
Strange is in`t it how although my wife has health problems we were perfectly happy,looking forward to tetirement (I`m 52) getting girls off to university and cruising off into the sunset when someone decided they are owed a living by stealing and changes everything.
Sorry about the rant but would have used stronger language also if not on forum.
Thanks for you concern

No thats ok its understandable! Speak to your Solicitor and ask him why the MIB wont issue an interim and tell him you want him to apply to the Court for one

Ok but when you say Court where and what type do you mean? Sorry if im being dense

well the county court that your solicitor has issued proceedings in - if no proceedings have been issued your claim is statute barred!!
Good luck!

I was under the impression that as there is no one to claim against as it was a stolen lorry there is no court action and it is between my insurers through the Solicitor and MIB along with medical evidence etc to reach an agreement which I either accept or decline

proceedings will be issued against the MIB - please tell me that proceedings have been issued and served else as I say your Client is statute barred

My solicitor has never mentioned this so i`ve just sent an urgent email asking them about it. Can I sue the solicitor for incompetence!?

well yes unless they have a very good explanation as to why they havent issued - the MIB are very difficult to deal with and if you dont comply with all of their requirements , they wont deal with the claim

They are dealing with at the moment as I am arguing an interim payment.I thought they were funded from our insurance payments and were Government monitored.