Can I Claim Compensation If I Was Hit By An Uninsured Driver? – How To Claim
By Marianne Herondale. Last Updated 16th May 2022. 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.
If so, you can find out the answers to these questions, and others, in our guide to what to do if you find yourself in this situation below.
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
- A Guide To Whether You Can Sue An Uninsured Driver
- How Many Uninsured Drivers Are There In The UK?
- Protecting Your No Claims Bonus And Excesses
- The Difficulty Of Making A Claim When Hit By An Uninsured Driver
- What Happens If You Can’t Find The Other Driver?
- How To Make A Motor Insurers’ Bureau Claim
- What Happens To The Uninsured Driver That Hit Me?
- What Happens To You If You Are Involved In A Road Traffic Accident Involving An Uninsured Driver?
- Claiming For Whiplash Against An Uninsured Driver
- Settlements Against An Uninsured Driver
- No Win No Fee Claims Against An Uninsured Driver
- How Legal Expert Can Help You Claim Compensation Against An Uninsured Driver
- Contact Legal Expert Today
- Useful Links
In this guide, we look at what happens if you get in an accident with an uninsured driver. In the UK it is an offence to drive a vehicle without adequate insurance. The offence carries a penalty of up to eight points on your driving licence and an unlimited fine.
As such, to answer the common question, ‘Can you sue an uninsured driver?’, the answer is ‘yes’. The driver without insurance who hit you may also have their vehicle removed and auctioned or destroyed by the police. Despite the legal requirement to have insurance and the risks it brings by not having any, there are still uninsured motorists on the UK’s roads and, according to the MIB, every year as many as 26,000 people are injured and nearly one in every five road traffic casualties die as a result of being hit by a driver with no insurance.
When you are making a compensation claim against a driver without insurance for an accident or injury which was not your fault, the process of making a claim can be a little more difficult.
In the UK, it is against the law to drive any motor vehicle which is uninsured. Over the last decade, there have been many advances in technology which have better enabled the police to identify and reduce the number of people driving whilst uninsured. Since the Motor Insurance Database (which also pairs data with the DVLA) was introduced, the number of people driving without insurance has also continued to fall. This database includes information on all vehicles with insurance. They are entered onto the system within seven days of a policy being opened.
However, in 2019, the Motor Insurers’ Bureau reported that there had been an increase in the number of Motor Insurers’ Bureau payouts. The Motor Insurers’ Bureau is a body into which all motor vehicle insurance companies contribute funds. The Motor Insurers’ Bureau (or MIB) then pays out compensation to people who have been hit by uninsured drivers, or who were the victim of a hit and run accident. In 2019, there was an increase of 9.8% in the number of people seeking MIB claims payouts after being involved in an accident with an uninsured driver. Combined, Motor Insurers’ Bureau compensation amounts for that year came to £322.1 million.
Other statistics which show that uninsured drivers accident claims are on the rise can be seen in the number of vehicles which are being seized by the police for being driven, or being on the road without insurance. The police can seize a car (or other vehicles) if it does not have insurance in place. The police forces will consult the MIB uninsured database to check the status of a cars insurance. The system is also linked to automatic number plate recognition (ANPR) cameras across the UK. In 2019, the total number of seizures was 137,410, an increase compared to 2018. These figures demonstrate why so many victims claim for motor insurers bureau compensation payouts.
Could I be uninsured without knowing?
In some cases, you could be uninsured without knowing. Often, drivers will assume that their insurance automatically covers them for every eventuality. However, if you’re driving someone else’s car on a public road, for example, there must be a specific clause in the insurance policy that it’s acceptable for you to drive it.
There are various ways you can help ensure this. If you decide to buy a new car, whether you’ve had one before or it’s your first, you must insure it by either factoring it into your existing insurance or taking out a new policy.
However, the important thing to note is that just because you have your own insurance policy, this doesn’t automatically entitle you to cover when driving other cars, even with some comprehensive car insurance policies. Instead, this is a park that comes as a bonus with some insurance policies or can be added on as an extra for a small fee.
if you’re unsure whether you’re insured, check with your insurer before you drive. Otherwise, you could risk paying out for damages that your insurance doesn’t cover.
Buying a new car
Most dealers offer what’s called a driveaway policy, which is valid for 5-7 days starting the moment you leave the forecourt. “Many insurers, including Aviva, back these policies, and some then offer the opportunity to buy an annual policy with them. So there’s really no excuse for catching yourself out and being uninsured other than not bothering to think about it,” says Martin.
Driving other people’s cars
You don’t necessarily have coverage for driving other cars just because you have a policy for your own car. This is a benefit which comes with many motor insurers policies, and can be added to some policies, but not all.
In most cases of a road traffic accident which is the fault of the other driver, their insurance will not only pay for the cost of repairing your vehicle, but will also pay for any medical bills that you encounter. This will be even be covered by the minimum level of third party insurance. This means that you do not need to make a claim against your own policy, protecting things such as your no claims bonus and other excesses. So, what happens if you are hit by an uninsured driver in the UK?
If you find yourself in this situation, you may also find yourself having to make a claim against your own insurance policy if you have comprehensive insurance. Some insurance companies do understand that this is an unfair and frustrating problem for the person affected and will waive the excess, meaning you won’t face any costs at all. Other providers may also protect your no claims bonus, meaning you will not lose future discounts.
If you have third party insurance you may find that you can make a Motor Insurers’ Bureau claim for your accident and injuries.
Making a road traffic accident claim can be more complicated if the incident was caused by an uninsured driver. That is because usually with such claims, the insurer of a liable driver can cover the compensation owed to a victim. This is not possible, however, if a driver does not have any insurance policy in place for the vehicle they use.
Whilst you will be able to make a Motor Insurers’ Bureau claim, people still worry that the driver responsible for the accident will get off and other motorists with insurance will ultimately pay the cost of this. Whilst the MIB will settle your claim, they will recover the costs of this from the other driver over a period of time.
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. 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.
Personal Injury Lawyers and Motor Insurers’ Bureau Compensation Amounts
In making your claim, your personal injury lawyer will make your claim through the Motor Insurers’ Bureau in the same way they would approach an insurance company. The claim will then be conducted in the same way as normal claims, though it may take longer to do.
Remember that even if you were hit by a driver without insurance, you can sue an uninsured driver. Even if the other driver is not insured or can’t be located the personal injury lawyers we can provide can still help you make a claim for motor insurers’ bureau compensation payouts.
If you need to make a car insurance claims against an uninsured driver who can not be located the process can be a bit more complicated and lengthy. Whilst you should always report any incident to the police, they can be hesitant to investigate such instances if the injuries sustained were minor.
However, to bolster your compensation claim you should still do so. This will provide you with a police report which can be used as evidence in your claim with the Motor Insurers’ Bureau. Any claims for damages to your property will need to be brought within a nine-month period from the date the accident happened on in line with the MIB untraced limitation period.
Note, the standard MIB claim time is the same as general personal injury claims time limit, three years from the date of the incident or date of discovery of any injuries. If the driver of the other vehicle (the liable party) cannot be found, you as a claimant may need to meet a £300 excess for claims on damage to property or for more significant injuries, though in a case of a whiplash injury, you will not have to do so.
If you are making a claim after being hit by a driver with no insurance, it is likely that you will need to make your claim for damage to your vehicle, other personal items, or for an injury such as whiplash through the Motor Insurers’ Bureau. Whilst this is different to claims against insurance companies and the process could be complicated if you find yourself in this situation, but the car is insured, our solicitor will approach it in the same way, as should you.
You should still make sure you get the name and registration details, as well as the contact information of the other driver. If they do not provide this information, you should at least note things such as the vehicle registration number. Remember, by refusing to provide their name and other details after an accident, they have broken the law. You should get information on any witnesses to your accident and injury.
You may be wondering, ‘what happens to uninsured drivers after an accident?’. It is against the law to drive your vehicle in the UK without having insurance in place. If you don’t have the required insurance in place for a vehicle you use, then you don’t have any policy which can cover damages that may be caused in any accidents you end up involved in. As such the uninsured driver can be prosecuted. They may also be investigated to find out whether they have other documentation for the vehicle including a current MOT, or road tax up to date.
If this documentation is not up to date they may also face charges for this as well. The police have the right to carry out such investigations in this way. But the situation could shape the potential Motor Insurers’ Bureau compensation amounts.
From your own perspective, things should be the same whether you are making a compensation claim for a road traffic accident after being hit by a driver with no insurance or a driver with insurance. Your best way to do so will always be to work with an experienced personal injury solicitor who can help you make a claim for any motor insurers bureau compensation payouts.
Whiplash injuries are some of the most common types of injury suffered as a result of road traffic accidents. It is an umbrella term used to cover injuries caused by jerking motions in accidents affecting the neck and the head is thrown forward and backwards. It can involve a lot of pain and suffering and the level of injury can vary by a large degree. You may suffer from more mild or acute injury symptoms and may need treatment after.
Symptoms of a whiplash injury
- Stiffness and pain in the neck, as well as the shoulders, upper back, and the upper arms.
- Dizziness and headaches.
- You may also suffer brain injury symptoms such as problems with your memory or your ability to concentrate.
- Disturbed sleep and fatigue.
- Altered feeling (such as numbness) in your arms or hands.
- Vomiting and/ or nausea.
- Tinnitus and a ringing in your ears.
These symptoms may take hours, days, or in some cases weeks to present as the body has defence mechanisms to guard against them.
Uninsured driver accident claims can be treated as any other type of personal injury claim can be. They can include damages for your injuries (be they physical or psychological), or they can also be made for financial losses. The main types of damages are as follows.
General damages: This is the category of compensation paid out for your direct injuries caused by the accident. Combined with compensation for the damage to your vehicle, they may form a large part of uninsured driver accident claims. Next, you can also claim for financial losses such as loss of earnings, the cost of repairs to your vehicle or other personal property. If you have had to pay for medical bills, such as private physiotherapy, or prescription costs, or other rehabilitative care, the costs of this can also be recovered as part of your claim. Finally, if you have had to travel to appointments related to your injury (such as visiting a doctor) you can claim for such expenses.
For some, injuries sustained will be much more serious and they may need to have adaptations made to their home or (new) vehicle to accommodate any disabilities. If this is the case, you can also recover these costs in your uninsured driver accident claim.
Motor Insurers’ Bureau compensation amounts
In our personal injury claims calculator below we look at some of the most common forms of injury sustained by people in car accidents.
The MIB will use the Judicial College Guidelines (JCG) to help evaluate your claim. This is a document containing compensation brackets for a variety of injuries, calculated using past payout amounts. However, you should know that these figures are not guaranteed, as each claim is different. The amounts below are taken from the 16th edition of the JCG, published in April 2022.
|Part of the body affected||Severity||Settlement band||Injury notes|
|Brain damage||Very Severe||£282,010 to £403,990||The claimant may be able to open their eyes, return to sleeping and waking patterns and follow basic commands. However, they will have little to no response to their environment, double incontinence and will require full-time nursing care.|
|Brain damage||Moderately severe||£219,070 to £282,010||The victim will be dependent on others over the medium term to long term. They will have serious disabilities, potentially physical and cognitive.|
|Brain & Head||Minor||£2,210 to £12,770||Any brain damage will have been minimal.|
|Disfigurement of the face||Very Severe||£29,780 to £97,330||Compensation awarded to claimants between their teens to early 30s where the psychological reaction is severe.|
|Disfigurement of the face||Significant||£9,110 to £30,090||Surgery can be used to correct the physical symptoms. The victims mental health can recover over time.|
|Back||Severe (iii)||£38,780 to £69,730||Soft tissue injuries, disc fractures or lesions or fractured vertebral bodies that lead to chronic conditions. Disabilities will remain, despite treatment.|
|Back||Moderate (i)||£27,760 to £38,780||Examples include traumatic spondylolisthesis, prolapsed intervertebral discs or compression/crash fractures. Injuries will require extensive treatment and may result in reduced mobility and the need for surgery.|
|Back||Minor (iv)||Up to £2,450||A full recovery is made within 3 months.|
|Ankle||Severe||£31,310 to £50,060||Injuries will require extensive treatment and will result in significant disabilities.|
|Ankle||Moderate||£13,740 to £26,590||Simpler fractures and similar such injuries.|
At Legal Expert, we understand that at a time when you have suffered injuries, damage to your vehicle, and are worried about having been hit by a driver with no insurance, the last thing you want to worry about is the cost of making an uninsured driver accident claim. That is why we offer a No Win No Fee service.
No Win No Fee services, also known as Conditional Fee Agreements in legislation, are a way for us to provide you with the legal services you need without having to ask for any payments upfront. You will only pay if and when we secure you a settlement. If we can not secure compensation for your injuries, you won’t have to pay a thing under our No Win No Fee basis.
This is designed to reduce your financial burden and risk, and make it easier for anyone to start a personal injury claim against an uninsured driver for the likes of brain damage. Contact our team today for free legal advice to find out more about No Win No Fee claims for motor insurers bureau compensation payouts.
If you have been hit by a driver without insurance, why should you use Legal Expert as a claims management service to provide you with an experienced personal injury solicitor? We have years of experience in helping people to make successful personal injury claim’s and can provide you with an experienced, expert personal injury solicitor with the knowledge necessary to help you.
We appreciate that there are lots of different claims management services, as well as solicitors and lawyers across the country. However, we think that our focus on customer service and our commitment to putting you at the centre of everything we do separates us for the competition. We appreciate that the effects of injuries suffered, as well as the stress of being in this situation, can take a toll on you. This is why we work hard on your road traffic accident claim to get you everything you deserve in compensation.
Another great reason for using Legal Expert to make your claim is that we offer a truly No Win No Fee service to help you make a claim if injured by an uninsured driver. This is so that we can always help you, no matter your financial circumstances, through the claims process.
If you have been hit by a driver with no insurance and need to make a personal injury claim, contact our team today to make your claim, for more advice, or for assistance. No matter whether your car accident claim is for physical or psychological injuries or harm, we can help you get the compensation that you need.
To start your personal injury claim, contact us today by calling us on 0800 073 8804 to speak to our team. You can also contact us by using the chat function on our site, or you can send us a message and request a call back from our team. However you get in touch with our team, start your claim today.
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.
FAQs Related to Motor Insurers’ Bureau Compensation Amounts
How long does a Motor Insurers’ Bureau claim take?
MIB tries to decide on whether they should make compensation payments within 3 months. For low-value claims, they try to decide within 6 weeks.
Why is my MIB claim taking so long?
MIB claims can take a long time to close because they investigate all claims before deciding on the outcome.
Can I claim if hit by an uninsured driver?
If you were hit and the accident wasn’t your fault, providing you have information connected to the other driver (e.g. licence plate number, contact details of driver etc.), then you could claim.
How does the MIB work?
The MIB removes uninsured vehicles and untraced drivers from the roads by working with the police, DVLA and other agencies.
What can you claim from MIB?
The compensation covers any property damage, deaths and/or injuries.
Should you accept the first offer of compensation?
No, because the first offer for the amount of compensation is generally lower than what the defendant can and will be able to pay.
How long does it take to receive an offer of compensation?
It can take around 14-28 days to receive the compensation payout after a settlement is agreed upon.
Who pays if an uninsured driver hit me?
If an uninsured driver is responsible for a road traffic accident you’re in, you may be able to receive compensation by submitting a claim to the Motor Insurers’ Bureau. Or you may be able to claim against the driver if you have fully comprehensive insurance for your vehicle. If, however, the accident is your responsibility, then you’ll have to cover the repair costs, even if the other driver involved is uninsured.
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.