Accident With An Uninsured Driver – Can I Still Claim For Injuries?
By Stephen Hudson. Last Updated 25th August 2023. How do uninsured drivers compensation claims work? Find out in our guide below.
If you have been in an accident with an uninsured or hit and run driver you might be wondering what will happen with your vehicle insurance premiums or if your no-claims bonus will be affected. If you were injured, you are might also be wondering as to whether you can claim compensation for any physical or psychological damages. By reading through this guide, you will learn the answers to these questions.
Uninsured drivers – Compensation claim guide
Often people make the common mistake of believing that if you are involved in an accident with an uninsured driver, you cannot make a compensation claim for your injuries, but this is not the case. In the UK, driving without the minimum required level of insurance is illegal. Thanks to certain systems put in place to protect the victims, claims can still be made if you are injured by an uninsured driver.
Uninsured drivers compensation claims
Accidents involving uninsured drivers may involve other drivers, pedestrians, motorcyclists, or cyclists. If you have been injured by an uninsured driver, seeking legal advice would be advisable to find out where you stand legally in claiming compensation for your injuries.
What if you are the uninsured driver involved in a road traffic accident? Could you make a compensation claim for your injuries? As mentioned, driving without the minimum required insurance is illegal. If the accident was not your fault, you may still be able to make a compensation claim for your injuries. We cover this further on in the guide but asking for some legal guidance would be a good idea too.
Legal Expert has a team of personal injury lawyers that have years of experience in the industry. We can help you establish if you have a valid claim and could also make your claim on your behalf. You can contact us on 0800 073 8804 for more information.
Select A Section
- What Are Road Traffic Accidents Involving Uninsured Drivers?
- What Should You Do If Hit By A Driver Who Is Uninsured?
- How The Motor Insurance Bureau Could Help
- Road Traffic Accident Compensation Payouts
- Examples Of Special Damages You May Claim
- No Win No Fee Road Traffic Accident Claims
- Essential References
What Are Road Traffic Accidents Involving Uninsured Drivers?
Road traffic accidents involving uninsured drivers can be down to various reasons. In most cases, a car accident, motorcycle accident, or any other accident involving a vehicle, is often due to a negligent act of some kind. It could be that you were hit by a vehicle pulling out of a junction, someone hit into the back of your car due to driving too close, or you may have been hit by someone recklessly crossing multiple lanes at a roundabout for example. Although some accidents on the roads thankfully only result in minor injuries such as mild whiplash, bruising, cuts, and scrapes, accidents can also often result in more serious, life-changing injuries such as serious head, neck or back injuries, chest injuries or badly broken or fractured bones, some serious injuries are sometimes fatal.
In normal circumstances, the innocent victim will be able to claim off of the third-party insurance for any damages and injuries. However, if the third party does not hold insurance, then making a claim isn’t as straight forward. This is where uninsured drivers compensation claims happen. Similarly, if you are involved in an accident whilst driving due to the fault of an insured driver, but you do not hold insurance yourself, claiming for personal injury, although not impossible, may not be straight forward.
What Should You Do If Hit By A Driver Who Is Uninsured?
Hit by an uninsured driver, what to do? There are a few steps you should take if you have been hit by a driver without any insurance. The Motor Insurance Bureau (MIB) advises that any accidents involving uninsured drivers and personal injury should be reported to the police within 14 days at least, if there is any damage to your car or property, you should contact them within 5 days in order to make a successful claim through the MIB.
The MIB deal with claims involving uninsured drivers as per the Uninsured Drivers Agreement.
With accidents involving personal injury claims through the MIB, claims should be made within the usual personal injury claims time limit of three years.
Witness statements are a very useful tool when it comes to making a claim, so if possible try to collect the contact details of anyone who may have witnessed the accident involving the uninsured driver.
How The Motor Insurance Bureau Could Help
This section will go into more detail on how the MIB can help with uninsured drivers compensation claims. The Motor Insurance Bureau (MIB) was founded in 1946 and set up as a way of giving compensation to the victims of road traffic accidents involving fault uninsured motorists. The money for the compensation comes from the policy premiums of UK motorists insurance.
If you are involved in an accident with an uninsured driver through no fault of your own, you could file a claim for compensation with the MIB for personal injury and damages. Before the claim moves forward, the MIB will conduct a series of inquiries and investigations into the accident to be able to establish liability. Once they are satisfied that liability lies with the uninsured driver, they will proceed with compensating you for your injury and damages. Having a personal injury solicitor may help to speed the process up as they will be able to conduct the claim through the MIB on your behalf and help to collate the evidence needed for a successful claim.
Road Traffic Accident Compensation Payouts
Being involved in a road traffic accident could result in many different types of injuries. Injuries that you can be compensated for could be of a physical or psychological nature or both. They can range from being minor injuries to more serious or very severe injuries resulting in life-altering or devastating consequences. Compensation claims for personal injury are made up of two main groups, general damages, and special damages. General damages account for the physical or psychological aspects of the claim. In the table below you will find some of the compensation amounts for injuries commonly associated with road traffic accidents as listed in the latest Judicial College Guidelines:
| Reason For Compensation | Amount | Comments |
|---|---|---|
| Back injuries – Severe (i) | £91,090 to £160,980 | Cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences |
| Back injuries – Severe (ii) | £74,160 to £88,430 | Cases which have special features taking them outside any lower bracket applicable to orthopaedic injury to the back. |
| Neck injuries – Severe (i) | In the region of £148,330 | Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis or where the injured person still has little or no movement in the neck and suffers severe headaches. |
| Neck injuries – Severe (ii) | £65,740 to £130,930 | Injuries, usually involving serious fractures or damage to discs in the cervical spine, which give rise to disabilities which are considerably severe. |
| Injuries to the pelvis and hip – Severe (i) | £78,400 to £130,930 | Extensive fractures of the pelvis involving (for example) dislocation of the lower back or hip injury which necessitates a spinal fusion. |
| Injuries to the pelvis and hip – Severe (ii) | £58,100 to £73,580 | Injuries including, for example, a fracture dislocation of the pelvis involving both ischial and pubic rami and resulting in impotence |
| Chest injuries (b) | £65,740 to £100,670 | Traumatic injury to the chest, lungs or heart resulting in permanent damage, physical disability and impairment of function. |
| Chest injuries (d) | £12,590 to £17,960 | A relatively simple injury (such as a single penetrating wound) causing some permanent damage to tissue but with no significant long-term effect on lung function. |
| Shoulder injuries – Severe | £19,200 to £48,030 | Often associated with neck injuries and involving damage to the brachial plexus. |
| Shoulder injuries – Serious | £12,770 to £19,200 | Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck. |
If you would like to discuss the details of your claim in more detail and how much you could claim, contact Legal Expert and we will do our utmost to help.
If you’d like to know more about uninsured drivers compensation claims and what they can cover other than pain and suffering, please read on to the next section.
Examples Of Special Damages You May Claim
As mentioned above, compensation award amounts are usually based on two categories, general and special damages. General damages represent the actual injury itself with the amount of compensation awarded based upon the severity of the injury, the type of treatment required, and the length of time treatment is required. Also, the amount will depend on how long recovery is expected to take, if a full recovery is expected, or whether the claimant faces permanent health problems as a result therefore also affecting their quality of life and well-being.
Special damages, however, represent the financial implications suffering an injury may result in. These may include medical costs, travel costs, and care costs. They also include any loss of earnings or future loss of income that is expected.
No Win No Fee Road Traffic Accidents Claims
If you are eligible to make a personal injury claim for an uninsured driver accident, then you could seek support from a solicitor who has experience with this type of road traffic accident claim. If you contact our advisors, they could review your case, and if they determine you have a valid claim, they may connect you with one of our No Win No Fee solicitors.
One of our solicitors could support your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which means that you will not be required to pay any upfront or ongoing fees for your solicitor’s services. Also, should your claim prove unsuccessful, you won’t need to pay your solicitor for their services either.
If your claim is successful, then your solicitor will be paid a success fee. This is a small and legally capped percentage deducted from the compensation awarded to you.
To see if you could claim for a car accident with an uninsured driver with the help of one of our No Win No Fee solicitors, contact our advisors. They can offer you free advice. To reach them, you can:
- Call 0800 073 8804
- Use our 24/7 live chat service.
- Write to us using our online claim form.
Essential References
Uninsured Driver Car Accident Claims – This is another of our guides offering further information on making a claim if hit by an uninsured driver.
PTSD Caused By Road Traffic Accidents – This guide looks at how you could claim for psychological injuries caused by car accidents.
What should you do if injured in a car accident? – If you have been harmed in a road traffic accident, find out what you should do.
Death Caused By Dangerous Driving – If a loved one has lost their life due to dangerous driving, this guide may be helpful to you.
Car Accident Claims Time Limit – Here we offer advice on what to do regarding reporting a road traffic accident.
Motor Insurance Bureau MIB – This is the website for the MIB with lots of information on making claims for compensation.
Vehicle Insurance – The government website regarding vehicle insurance can be found here.
Driver And Vehicle Licensing Agency (DVLA) – Here you will find information from the DVLA and the rules surrounding having a vehicle on the roads.
How did the Highway Code change in 2022? – a guide discussing recent changes to the law.
Thank you for reading our guide on uninsured drivers accident claims.
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