How do the MIB establish liability?

The MIB will investigate liability in the same way as a third-party insurer. The MIB are a substitute for the insurer so we treat them the same way as we would any third party.

The MIB will consider all the available liability evidence to establish if the untraced driver is at fault for the incident. Evidence can include accident reports, CCTV, dash cam footage, police reports, witness statements and relevant medical records.

The MIB can make split liability offers if they believe a Claimant to be contributing to the liability, but they do not make Part 36 offers as they are not governed by Part 36 rules.