A Guide To Car Accident Claims Involving No Insurance

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I Was Injured In A Car Accident With No Insurance – Can I Claim?

By Lewis Cobain. Last Updated 14th March 2023. All motorists are required by law to have insurance. It is an offence to drive without insurance. Clients ask us, “I had a car accident with no insurance can I still claim?” If you were in an accident and the other driver did not have insurance, you may still be able to claim a form of compensation, depending on the circumstances of the accident.

Car accident with no insurance

Car accident with no insurance

Claiming compensation for a car accident where the other driver is not insured is a complicated matter. We recommend that you appoint a qualified solicitor to handle your claim and negotiate with all parties to get you the best compensation payout possible. Legal Expert can provide you with a qualified solicitor to handle your claim for compensation.

For advice about whether or not you can claim if you were involved in a car accident with no insurance but were not at fault call Legal Expert today for your free consultation on 0800 073 8804. Alternatively, use our online claims form to reach us. If we can see that you are owed compensation, we could provide an excellent solicitor to handle your claim.

Select A Section

  1. What Is A Car Accident With No Insurance?
  2. Can You Claim For A Car Accident Caused By An Uninsured Driver?
  3. MIB Claims For Accidents Involving An Uninsured Car Driver
  4. What Motor Insurance Is Legally Required In The UK?
  5. Top Tips For Winning A Car Accident Claim
  6. Compensation Calculator For Accidents With No Car Insurance
  7. Special Damages Relevant To Car Accident Claims
  8. No Win No fee Claims For A Car Accident With No Insurance

What Is A Car Accident With No Insurance?

A car accident is when two vehicles collide, causing damage to the vehicles and sometimes injuries. In some instances a person can be seriously injured due to a car accident, for example, suffering 3rd-degree burns or paralysis. Drivers owe other road users, including other drivers, passengers and pedestrians a duty of care. This means that they are legally obliged to drive in a way that upholds the safety of others. If a driver is found to have caused a road traffic accident by driving negligently, any persons who are injured can make a claim against the other driver’s insurance for compensation.

A car accident with no insurance can be when a driver or passenger has been involved in a car accident where the other driver was uninsured. This makes the topic of claiming compensation, more complicated. We will now look in detail at how to claim compensation if you were hit by an uninsured driver, or were involved in a car accident and were uninsured.

Can You Claim For A Car Accident Caused By An Uninsured Driver?

Under the Motor Vehicles (Insurance Requirements) Regulations 2011, it is a legal requirement for motorists to have insurance. Therefore, if you are hit by someone driving with no insurance, they are breaking the law.

As outlined in the Road Traffic Act 1988, if a person drives a car without due care and attention, or reasonable consideration for you or other road users, they are breaching their duty of care and could cause an accident in which you are injured.

If a driver has no car insurance and hits you, you would claim through the Motor Insurers’ Bureau (MIB). The MIB offers compensation for motorists affected by untraceable or uninsured drivers. You will need to visit their website to begin an MIB claim.

Get in touch if you have been hit by an uninsured car. Our advisors offer free 24/7 legal advice and could connect you with one of our expert car accident solicitors.

What Happens If I Don’t Have Car Insurance In The UK?

If you were driving as an uninsured driver at the time of your accident, you will more than likely not be able to make a claim for compensation. Driving without insurance is a violation of road traffic laws. It can also come with a fine and a permanent revocation of your driving license.

For car insurance claim advice or to discuss what could be considered a no insurance car accident, please reach out to one of our advisers.

MIB Claims For Accidents Involving An Uninsured Car Driver

How do you claim if you were hit by an uninsured driver? If you were hit by an uninsured driver you can claim compensation from the Motor Insurance Bureau (MIB). Motorists can claim for damages to their vehicle and compensation for any injuries they may have sustained. If you are the victim of a hit and run accident (where the other driver drives away from the scene) with an untraced driver you can also claim compensation through the MIB.

How do you make a car insurance claim if the accident was not your fault? You can appoint a solicitor to handle your claim from the MIB. The solicitor could arrange for you to have a medical assessment with a doctor, to assess the extent of your injuries and will be able to value your claim based on the outcome of the assessment. They will then negotiate with the Motor Insurance Bureau to ensure you receive an optimal compensation payout.

What Motor Insurance Is Legally Required In The UK?

In the United Kingdom, all drivers are required to have at least 3rd party insurance for every vehicle they drive. Driving without motor insurance is an offence. What is the penalty for driving without insurance?

Uninsured drivers risk a fine of up to £300 and driving a vehicle they are not insured to drive and will have 6 points removed from their license. If the case goes to court, the uninsured driver can receive an unlimited fine and be disqualified from driving. The police also have a right to seize and destroy their car. Therefore driving without motor insurance is never worth the risk to you and others.

Top Tips For Winning A Car Accident Claim

This section will highlight important aspects about the claims process to give you more insight about whether you can claim.

If you have no car insurance and are involved in an accident, you wouldn’t be able to claim This guide has already answered important questions, such as “what happens if you crash without insurance?” You could be fined and have points deducted from your license as it’s a legal requirement to have insurance.

Our top tips for winning a car accident claim include taking steps to strengthen your claim, such as gathering evidence. If you’re claiming because you were involved in a car accident without insurance where the negligent driver was uninsured, evidence is crucial to receiving compensation. Evidence could include:

  • Taking photographs of the accident scene and your injury.
  • Making sure you get sufficient medical attention. A doctor’s assessment of your injuries after the accident can be used to help strengthen your accident claim against a driver who had no car insurance.
  • Requesting CCTV footage of the accident.
  • Acquiring the contact details of witnesses. Your solicitor can use their witness testimonies to help corroborate your version of events.

If you have other queries about claiming please contact us for free legal advice. We can tell you if you’re eligible to claim against an uninsured driver and even connect you to a No Win No Fee solicitor should you want to begin the claims process.

Compensation Calculator For Accidents With No Car Insurance

If you are eligible to make a claim after being injured by an uninsured car driver, you could claim under general damages and special damages.

Legal professionals use the Judicial College Guidelines (JCG) as part of the process of valuing your general damages for being injured by an uninsured car. This publication was last updated in 2022. Legal professionals will calculate this figure to make sure that your injuries and the related pain and suffering caused are appropriately compensated.

If you’re hit by a motorist with no car insurance, you would be making a claim through the Motor Insurers’ Bureau (MIB). The severity of your injuries and the impact they have on your day-to-day life are just a couple of factors that can affect the value of your general damages.

The table below shows guide figures from the JCG that pertain to certain injuries that could be sustained in a car accident. The figures are not a guarantee.

Edit
Type Of Injury Severity Notes Settlement With 10% uplift
Brain Damage Moderately Severe Claimants may have a serious and substantial disability. They may also depend on other people from a high degree of care. How much is awarded depends on the ability to communicate and projected life expectancy. £219,070 to £282,010
Brain Damage Moderate (i) In moderate brain damage cases the claimant could have a severe intellectual deficit, effects on their speech and other senses such as their sight. £150,110 to £219,070
Brain Damage Less Severe It is projected that victims could make a ‘good recovery’. Not all normal functions might return. £15,320 to £43,060
Foot Injury Very Severe Foot injuries at this level must include the equivalent to permanent pain and / or disability. Examples could include the forefoot being amputated. £83,960 to £109,650
Foot Injury Severe A severe injury to a foot or to both feet might present as fractures to both (left and right) heels. Might also include the significant risk or existing conditions being exacerbated. £41,970 to £70,030
Foot Injury Moderate Moderate injuries may present as a displaced fracture of the metatarsal bones. The foot may be permanently deformed. £13,740 to £24,990
Toe Injuries Moderate Including moderate bone fractures, breaks and similar levels of injury. Up to £9,600
Leg Injuries Severe Severe leg injuries are the highest bracket compensation is awarded for short of amputation. £90,250 to £135,920
Leg Injuries Moderate Might include single or multiple uncomplicated leg bone fractures. £27,760 to £39,200
Leg Injuries Less Serious Fractured or broken bones which do not fully recover. £17,960 to £27,760

If you have been hit by a driver with no insurance and have questions about the potential value of a claim, please do not hesitate to get in touch with our advisors today.

Special Damages Relevant To Car Accident Claims

If you make a successful personal injury claim for injuries you suffered in a car accident, you will be awarded general damages to compensate for the pain, suffering and loss of amenity brought on by your injuries. You will also be awarded special damages, to reimburse you for any out of pocket expenses you have incurred as a result of being injured. This can include medical expenses, travel expenses, expenses related to home adaptations, expenses related to mobility equipment, care expenses and reimbursement for loss of earnings.

To find out more about what you could claim for when the other driver has no car insurance, get in touch with us at any time.

No Win No fee Claims For A Car Accident With No Insurance

If you have been injured in a car accident without insurance, where you were not at fault you may be able to claim compensation for your injuries. We can offer you the option to make a No Win No Fee claim, also known as a Conditional Fee Agreement (CFA). As the name suggests, a No Win No Fee claim is when the claimant doesn’t pay an upfront solicitors fee, making the claims process more affordable for many. Instead, the solicitor will charge the client a success fee on the grounds that they win their claim, which will be deducted from their compensation package, lessening any financial risk involved for the claimant.

Read our online guide to making a claim using a No Win No Fee solicitor to learn more. Or alternatively, call Legal Expert today to speak to an advisor about making a No Win No Fee car accident claim today.

Contact Us To Make A Car Accident Claim

For free advice on No Win No Fee car accident claims, contact us on 0800 073 8804 or use either our online claims form or our live chat service to reach us online. If you have legitimate grounds to claim after an accident where the faulting party had no insurance, a personal injury solicitor will start working on your claim as soon as possible.

If you have any further queries about how to claim after a car accident with no insurance, please get in touch at any time.

Essential References For Claimants

A Government Guide To Claiming Compensation If Hit By An Uninsured Driver – A guide from the UK government on what to do if hit by an uninsured driver.

Information About Making A Claim Through The Motor Insurance Bureau – Further information about claims through the MIB.

We also have some other guides on car accident claims that you may find useful:

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    • 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.