A Supplementary Agreement has now been added to the Untraced Drivers’ Agreement 2003.
Previously, in order to pursue a claim for property damage under the Untraced Drivers’ Agreement, the claim had to be submitted to the Motor Insurers’ Bureau within nine months of the event that caused the loss and the other vehicle involved had to be identified.
That time limit has now been amended, so that the claim must have been submitted within the time limits set out in the Limitation Act 1980 (England & Wales) or the Prescription and Limitation (Scotland) Act 1973 (Scotland).
Property Damage Claims
This means that the time limit for bringing a claim for property damage is now six years from the date of the event causing the loss and not nine months. The other vehicle must still be identified for a claim to succeed.
In addition, the Supplementary Agreement provides that satisfactory evidence of the damage and the cost of repair or replacement must be produced. This evidence (save for rare and exceptional cases) must include a detailed invoice and objective proof of payment. Where this is not possible, either a report from a suitably qualified expert setting out the damage caused and the cost of repair or replacement must be provided or the property must be made available for the Motor Insurers’ Bureau to inspect. Further details can be found on the MIB’s website.
For more information on any of the matters raised in this article, contact Vicky Priestley by emailing [email protected]
