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Could I Claim Compensation If I Was Hit By An Uninsured Driver?

Stephen Hudson. Last Updated 15th July 2024. If a car accident happens, especially if someone is hurt, we expect everyone involved to check on each other and swap insurance details. In fact, it is required by law. Unfortunately, some people take to the roads without having insurance. In this guide, we explain how you can claim compensation for being hit by an uninsured driver.

We are often asked, “Can you claim against an uninsured driver?” The simple answer is yes, though you must prove that you have a valid road traffic accident claim. You can learn about eligibility and the evidence that will help your case by reading through the guide.

We also discuss how our expert solicitors can help you seek compensation for a collision with an uninsured driver. They offer their dedicated legal services under No Win No Fee terms, and we explain how this would benefit you.

For any questions, advice or a free assessment to see if you have a valid claim, we offer a free consultation service. All of the below contact routes are open 24/7:

  • Calling 0800 073 8804.
  • Using our ‘Contact us’ online form.
  • Sending a message through the live chat box below.

Two people standing next to damaged cars at the scene of an accident.

Select A Section

  1. Compensation Eligibility For An Accident With An Uninsured Driver
  2. How Long Do I Have To Claim If I’m Hit By An Uninsured Driver?
  3. Top Tips For Proving Uninsured Driver Claims
  4. Claiming Against An Uninsured Driver – How Much Could I Receive?
  5. Hit By An Uninsured Driver – No Win No Fee Solicitors
  6. Useful Links For Road Traffic Accident Claims

Compensation Eligibility For An Accident With An Uninsured Driver 

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.  

What Is The MIB?

Typically, if you are hurt in a car accident and it’s another driver’s fault, the other driver will provide their insurance details, and you can make a claim through their insurance provider. Under Annex 3 of the Highway Code, anyone using a motor vehicle on the road must have the correct insurance.

Without having an insurance provider to go to, claiming against an uninsured driver cannot work the same way.

The Motor Insurers’ Bureau (MIB) is a body that exists to help people who were involved in a road accident with an uninsured driver. They offer a compensation route when all other routes are non-existent or difficult to track down.

They can provide compensation for injuries and damage to both the car and other property.

However, it is important to note that the other driver being uninsured does not automatically make them liable for an accident. Continue reading through our guide to learn how to prove that an uninsured driver was responsible for the harm you suffered.

Call the number above if you want to discuss MIB claims for being hit by a driver with no insurance and learn how our solicitors can help.

How Long Do I Have To Claim If I’m Hit By An Uninsured Driver?

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.

Top Tips For Proving Uninsured Driver Claims

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. For example, if you are in a car park accident, the car park operator may be able to provide a copy of the footage.
  • Medical reports. They can highlight any physical and psychological injuries you suffered, as well as the treatment you underwent. You can request a copy of your medical records from your GP.
  • 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.

Claiming Against An Uninsured Driver – How Much Could I Receive?

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.

Multiple Serious Injuries And Injury-Related CostsSevere
Up to £500,000+
Brain damageVery Severe£344,150 to £493,000
Brain damageModerately severe£267,340 to £344,150
Disfigurement of the faceVery Severe£36,340 to £118,790
Back Severe (iii)£47,320 to £85,100
NeckSevere (iii)£55,500 to £68,330
Ankle Moderate
ShoulderSerious£15,580 to £23,430
Whiplash TariffWith minor psychological damage for more than 18 months but fewer than 24 months£4,345
Whiplash TariffAt least one physical injury lasting more than 18 months but fewer than 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.

Hit By An Uninsured Driver – No Win No Fee Solicitors

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 fees to your solicitor for their services. You also don’t have to pay for their work as the claim progresses. Furthermore, it 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.

Useful Links For Road Traffic Accident Claims

We have a back catalogue of useful road traffic accident claim guides, such as these:

For even more information, try these resources:

Thank you for reading our guide. We hope it has helped you understand what you can do if you are hit by an uninsured driver. If you have any questions at all, please call today and an advisor will be able to help.

We’ve also produced the video below for even more guidance on claiming when the responsible driver had no insurance.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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