MIB claims warning

Law firms face negligence suits if they fail to advise car accident victims that they may have a claim against the Motor Insurers Bureau (MIB), a lawyer warned this week after settling such a claim for more than 1 million.

The Guildford office of City firm Charles Russell brought the action against Cardiff-based Hugh James on behalf of a client who had suffered head injuries after a car crash caused by an oil spillage.

It was alleged that Hugh James brought no claim against the MIB when it originally acted on behalf of the client.

The MIB pays compensation to injured car accident victims where the driver at fault is shown to be negligent but is uninsured or cannot be traced.

Andrew Campbell, the assistant solicitor at Charles Russell who acted for the claimant, said that where an accident is caused by a large pool of spilled oil or diesel on a road, a claim to the MIB may also be considered.

The case against Hugh James settled last week.

A statement from Charles Russell estimated that costs and damages will exceed 1 million.

Mr Campbell said: 'This is the first time a firm of solicitors has been sued for its failure to consider whether the MIB might be liable in these circumstances.

Law firms should be aware that if their clients are injured as a result of oil spillage, they should consider whether the MIB is liable, even if they subsequently decide that it isn't.'

A spokesman for Hugh James said the firm was looking into the matter.

Jeremy Fleming