The Untraced Drivers' Agreement is the rarer and more procedurally complex MIB regime. Where the UDA covers you against an identified-but-uninsured driver, the Untraced Agreement covers you when the driver flees the scene, is never identified, and is never traced. Same compensation principle. Different paperwork. Bigger investigation requirement.
Police involvement is essential
An Untraced claim requires police involvement. Report the accident as soon as possible — a hit and run is a criminal offence (failing to stop, failing to report) and the police take it seriously.
Get the incident reference number. We need it on day one. Without it, the MIB application is dead in the water.
What we do that the police don't
Police investigate the criminal offence. We investigate the civil claim. The two overlap but are not the same. We canvass CCTV from local authorities, businesses, ANPR, and householders. We trace witnesses through Facebook posts, dashcam-share groups, and biker forums.
Where we identify the driver after the police have closed their file, the case typically converts from an Untraced claim to a UDA claim or a regular insured claim — usually with a higher final settlement. The hit-and-run case in our results section is one example.
What you can recover
All standard heads of damage are payable: solatium, past and future wage loss, care costs, treatment, kit, bike, loss of services. Two notable differences:
First, there are interest rules specific to Untraced claims. Second, costs are calculated differently under the MIB regime — but the at-fault side / MIB covers them, not you.
- Solatium — full quantum (covers physical and psychological injury), same as an insured claim
- Patrimonial loss — full quantum
- Kit & bike — replacement value
- Interest under the Untraced Agreement schedule
- Costs / disbursements — recovered from the MIB / at-fault side on success; covered by ATE insurance and the terms of our agreement otherwise
Tight deadlines
Untraced claims must be notified to the MIB within strict windows from the accident date. The 2017 Untraced Drivers' Agreement is unforgiving on late applications.
If you have been the victim of a hit and run, get specialist advice the same week.