Can I Claim Compensation If I Was Hit By An Uninsured Driver?
By Stephen Hudson. Last Updated 3rd November 2023. Have you been hit by an uninsured driver, whether as a motorist on the road or whilst in a car park? If so, you may be wondering what happens if you get in an accident with an uninsured driver, what will happen to your vehicle insurance premiums, your no claims bonus, and other benefits attached to your policy. You may also wonder whether you can get compensation for any physical or psychological injuries that you have suffered.
Some people may mistakenly assume that to be able to make a car accident claim for an injury, such as whiplash, the other driver needs to have vehicle insurance. Thanks to legislation such as The Motor Vehicles (Insurance Requirements) Regulations 2011, vehicle drivers in the UK are required to have a minimum level of insurance in place. However, some motorists may choose to illegally drive without insurance. There is therefore some risk of being hit by an uninsured driver in the UK. If you are in a road traffic accident caused by an uninsured driver, then you may be able to apply for a Motor Insurers Bureau compensation payout.
You can learn more about what to do, how to claim, and what the value of your claim may be if hit by a driver with no insurance by reading our guide to road traffic accident claims involving drivers who are not insured, or who drive away from the accident. You can also talk to our team today by calling us on 0800 073 8804.
Select A Section
- Compensation Eligibility For An Accident With An Uninsured Driver
- How Long Do I Have To Claim If I’m Hit By An Uninsured Driver?
- Top Tips For Proving Uninsured Driver Claims
- Claiming Against An Uninsured Driver – How Much Could I Receive?
- Hit By An Uninsured Driver – No Win No Fee Solicitors
- Useful Links
If you’ve been injured in an accident with an uninsured driver, the claiming criteria remains the same as it does with all other road traffic accidents. When using the roads, all road users owe a duty of care to each other to navigate in a way that prevents injury and damage to themselves and others. To uphold this duty, drivers and other road users must comply with the Road Traffic Act 1988 and the Highway Code.
In order to make a personal injury claim for a road traffic accident, you must prove that:
- Another road user, such as a driver owed you a duty of care.
- This duty was breached.
- You were injured because of this breach.
In a typical car accident case, you would typically claim against the liable driver’s insurance. Annex 3 of the Highway Code states that in order to use a motor vehicle on the road, you must be insured. However, if the driver is uninsured, your claim could be made through the Motor Insurers’ Bureau (MIB). We’ll explain more about the MIB later in this guide.
Speak with one of the advisors from our team to check your eligibility to claim.
Uninsured driver claims made through the MIB must be started within the relevant time limits. Generally, this is 3 years from the date you were hit by an uninsured driver. This is set by the Limitation Act 1980.
However, in certain circumstances, there are exceptions to the time limit. These include:
- Those who lack the mental capacity to bring forward a claim themselves. The limitation period is suspended for as long as they are incapable of claiming themselves. However, during this time, a litigation friend could be appointed to make a claim on their behalf. Should the injured party regain this capacity and legal proceedings weren’t started for them, they will have 3 years from the date of recovery to start the process.
- Those under the age of 18. A pause is applied to the time limit until their 18th birthday. From this date, they will have three years to start a claim. However, during the pause, a litigation friend could start the legal process on their behalf.
If you are claiming against an uninsured driver, please get in touch with one of our advisors for free advice.
If you are claiming through the MIB after an uninsured driver accident, you may want to know how you can give yourself the best chance of success. Generally, the more evidence you have to support your claim, the higher your chances are of receiving compensation. To make a claim through the MIB, evidence that could help you may include:
- Photos of the accident site, any property damage, or your injuries.
- CCTV footage, if any is available. You can request this in certain circumstances.
- Medical reports
- A police crime reference number
- Witness contact details, so an official statement can be taken at a later date
However, this list is not extensive. The MIB may request other forms of evidence to support your claim. A solicitor could potentially help you gather proof to strengthen your case – to find out more about hiring a solicitor to help you, get in touch today.
Compensation payouts when claiming against an uninsured driver can vary on a case-by-case basis.
If you make a successful personal injury claim after being hit by an uninsured driver, then you will receive compensation for general damages. This compensates you for the pain and suffering your injury has caused.
The table below contains guideline compensation brackets taken from the Judicial College Guidelines (JCG). Solicitors and other professionals may refer to these guidelines while calculating the value of your injuries. The JCG figures in the table should be viewed as a guide only due to the unique circumstances of each case.
The Whiplash Reform Programme introduced changes into the way personal injury claims for certain low-value road traffic accident claims are made. One of the changes means that whiplash injuries are now valued by the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, examples of which you can find in the bottom of the table.
Injury Severity Notes Amount
Brain damage Very Severe The person may be able to open their eyes and follow basic commands. However, they will have little to no response to their environment, double incontinence and will require full-time nursing care. £282,010 to £403,990
Brain damage Moderately severe The person will be dependent on others. They will have serious disabilities, potentially physical and cognitive. £219,070 to £282,010
Disfigurement of the face Very Severe Compensation awarded to claimants between their teens to early 30s where the psychological reaction and cosmetic effect is severe. £29,780 to £97,330
Back Severe (iii) Soft tissue injuries, disc fractures or lesions or fractured vertebral bodies that lead to chronic conditions. Disabilities will remain, despite treatment. £38,780 to £69,730
Neck Severe (iii) Injuries that cause dislocations or fractures. Also includes severe damage to soft tissues or ruptured tendons. £45,470 to £55,990
Ankle Severe Injuries will require extensive treatment with time in plaster or with plates inserted. This will result in significant disabilities. £31,310 to £50,060
Ankle Moderate Ligamentous tears and fractures that make it difficult to walk on uneven ground. £13,740 to £26,590
Shoulder Serious A dislocated shoulder with the lower part of the brachial plexus damaged. £12,770 to £19,200
Whiplash Tariff With minor psychological damage The claimant has suffered the symptoms of whiplash and a minor psychological injury for 18-24 months. £4,345
Whiplash Tariff Without psychological damage The claimant has suffered the symptoms of whiplash for 18-24 months. £4,215
Could I Receive Special Damages?
If you receive general damages, then you may also receive special damages. This covers financial losses or expenses that are related to your accident and subsequent injuries, such as lost earnings and prescription costs. Evidence is required to claim these costs back. As such, you should keep hold of any receipts and payslips.
For more advice on compensation payouts for a car accident claim or other types of road traffic accidents, contact our team of advisors for free today.
If you have valid grounds for claiming against an uninsured driver, then we recommend you instruct a solicitor to work on your claim.
Our No Win No Fee solicitors can support car accident claims and claims for other types of road traffic accidents under a Conditional Fee Agreement (CFA). Under this kind of agreement, you won’t need to pay any upfront or ongoing fees to your solicitor for their services. It also won’t be required for you to pay your solicitor for their work on your case if your claim is unsuccessful.
If your claim succeeds, then your solicitor will receive a success fee, which is a legally capped percentage of your compensation.
For more advice on claiming with a No Win No Fee solicitor after being hit by an uninsured driver, contact our advisors for free today. They can evaluate your claim for free, and if they find it to be valid, may connect you with one of our solicitors. You can reach our team by:
- Giving us a call on 0800 073 8804
- Using our online contact form.
- Or you can use our 24/7 live chat service.
The links and resources below take you to additional and related guides which we have produced, as well as trusted and chosen external links. Follow these to find out more about motor insurers bureau compensation amounts, what to do if you were hit by a driver without insurance or to make similar personal injury claims.
- Car Accident Claims Guide from Legal Expert: View our car accident compensation claims guide and get free advice.
- Fatal Road Traffic Accident Claims: If you have experienced the loss of a loved one in a fatal road traffic accident, find out how you could claim compensation for your loss.
- Motorcycle Accident Claims: If you were hit on a motorcycle and the accident wasn’t your fault, read our guide.
- Motor Insurers Bureau Claims
How to make an insurance claim through the Motor Insurers’ Bureau if you have been involved in a hit by a driver with no insurance or been involved in a hit and run.
- Learn how to claim for a cycling accident without a helmet. Our guide to claiming for injuries when you weren’t wearing a helmet.
We hope this guide has helped you better understand Motor Insurers’ Bureau compensation amounts and what steps you could take if you’ve been hit by an uninsured driver. Feel free to contact our advisors on the phone or online if you have further questions.