Claims Against an Uninsured Driver
If you’ve been involved in an accident with an uninsured driver, the process of claiming compensation for your injuries can be more complex than usual. However, we have the necessary expertise to make the process as simple and clear as it can be in difficult circumstances.
We will discuss the circumstances of your claim with you and can advise the best course of action for you to pursue compensation for your injuries, even if the other party in the accident wasn’t insured.
What happens if I’m involved in an accident with an uninsured driver?
If you’re involved in an accident with another driver, you would typically exchange contact details and insurance details. As long as your car is driveable and nobody is seriously injured you would then leave the scene and notify your insurers promptly to start the claims process.
If you believe that the other driver was not insured, or they leave the scene of the accident without exchanging details, you should notify the police promptly. You have 14 days to report an uninsured or untraced driver, but we recommend that you do so as soon as you can.
How do I claim compensation if there is no insurer?
In the UK it is a legal requirement for any motorist to have at least third party motor insurance, to compensate anyone injured as a result of their use of the vehicle. There are very few exceptions to this requirement.
Some motorists accidentally forget to renew or pay for their insurance, but there are clearly some drivers who deliberately drive in full knowledge of the fact they have no insurance in place. This means that there is no means of compensating people injured because of their use of their vehicle on the road.
Thankfully, the Motor Insurers’ Bureau (MIB) provides a degree of protection to drivers involved in accidents caused by uninsured or untraced drivers.
How the MIB operates
The process followed by the MIB varies depending on whether the accident was caused by an uninsured driver or an untraced one.
At the scene of an accident, it may be that the vehicle and its driver can be identified, but it transpires that they have no insurance.
In other accidents, the driver may flee the scene of the accident without leaving any contact details, before the other party can even make a note of the vehicle’s registration. This would be classed by the MIB as an untraced driver accident and is more commonly known as a hit-and-run accident.
The MIB is funded by a levy on insurance premiums and exists to help those injured in such accidents. It is not in the public interest for injured people to suffer significant financial losses because the other party has failed to arrange insurance which is a legal requirement.
We would work with you on preparing your claim, in much the same way as we would if dealing with an insurer. Based on the circumstances of your accident, we can then advise on the level of support available from the MIB for your claim.
What type of injuries can I claim for?
We can advise on any injury, ranging from minor ones right through to catastrophic, life-changing injuries. We can also advise on fatal injuries if you have suffered the loss of a loved one or family member due to a public transport accident.
Given the unusual nature of these claims, it is important that we speak to you to establish the full details of your accident and in particular the other driver. From there we can advise you on how best to proceed and help with the processing of your MIB claim.
How much compensation might I receive?
The amount of compensation you receive for your injuries very much depends on your specific circumstances. That’s why we recommend that you get in touch with us promptly so that we can discuss the specifics of your accident in more detail.
You may be able to claim for the following if they are a direct result of the accident:
- Compensation for distress and upheaval
- Loss of earnings and financial losses incurred
- Medical costs, prescription fees, care and rehabilitation costs
- Travel expenses incurred as a result of the incident
If the other driver was not insured, you may be able to claim compensation for damage to your vehicle and any other property. However, this isn’t covered by the MIB scheme if the other driver could not be traced. Should you have an accident with an untraced driver and have comprehensive insurance on your own car, you would need to claim under this policy for damage to your own car and property. This could affect your no claims discount and you may also need to pay an excess.
Do I have a valid claim for compensation?
If you can answer yes to all three of the following questions, we recommend that you contact us to discuss your circumstances further:
- Was the incident within the last three years?
- Was someone else to blame for the incident?
- Were you injured as a result of the incident?
Answering ‘yes’ to all three doesn’t mean that a successful claim is certain. However, these questions are key to the claims process. Answering yes to all three does indicate that you have a greater chance of being entitled to claims. Getting prompt, specialist legal advice could be beneficial.
Because of the three-year time limit, it’s important that you contact us promptly so that we can start the process for you.
How do I begin a compensation claim for an accident with an uninsured or untraced driver?
Firstly, remember the advice above about notifying the police of the accident as soon as possible. To start a claim from the MIB, call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The first call usually takes about 15 minutes and in that time we can usually determine whether or not it’s realistic to pursue a claim for compensation.
