ABSTRACT
The claim made by the claimant should be issued against the uninsured driver, with the usual heads of claim set out in a schedule of special damage. The MIB will either be the second defendant or will have to satisfy the judgment at the conclusion of proceedings. However, due to the operation of Clauses 6(1)(c), 15(2)(b)(ii), 16 and 17, the amount that the MIB will have to pay is likely to be less than the full judgment amount, a point to remember when negotiating.
