An introduction to the new Untraced Drivers Agreement

In January 2017 the latest in a series of Untraced Agreements was signed. The new arrangements come into force for accidents occurring on or after 1 March 2017 and several important changes have been made from the previous 2003 Agreement.

Principles of the Untraced Drivers Agreement

Before delving into the detail of the new agreement it is worth looking at exactly what the Untraced Agreement is and how the scheme operates.

A victim who has suffered injury or damage and cannot trace a person responsible has, in law, no route to compensation in the sense of an ordinary tort claim; there is no person against whom a claim can be brought and judgment obtained. The only route available is to make an application to the Motor Insurers’ Bureau (MIB) under the terms of the Untraced Drivers Agreement.

This is not a "claim against the MIB" in the sense that that a claim is made "against" a tortfeasor;