Uninsured Drivers, Can I Still Claim Compensation For My Accident Or Injury?
By John Bowes. Last Updated 13th April 2021. 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.
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
- A Guide On Uninsured Drivers, Can I Still Claim Compensation For Accidents Or Injuries?
- What Are Road Traffic Accidents Involving Uninsured Drivers?
- How Many Uninsured Drivers Are There In The UK?
- The Law On Driving Without Insurance In The UK
- What Happens If The Driver Is Not Insured, But Someone Else Is?
- Could I Claim If I Didn’t Have Insurance And Was Involved In An Accident?
- What Happens If An Uninsured Driver Hits An Insured Driver?
- What Should You Do If Hit By A Driver Who Is Uninsured?
- How The Motor Insurance Bureau Could Help Where Uninsured Drivers Are Involved In Accidents
- Road Traffic Accident Compensation Calculator (Updated April 2021)
- Examples Of Special Damages You May Claim
- No Win, No Fee Road Traffic Accidents Involving Uninsured Driver Claims
- Why Choose Our Team For An Uninsured Driver Claim?
- Begin Your Claim Involving An Uninsured Driver
- Essential References
- Uninsured drivers compensation claims- FAQS
In most circumstances, if you are involved in a road traffic accident, you would normally claim off of the responsible party’s insurance. But what happens if you are hit by an uninsured driver in the UK? Or what if you haven’t got insurance but are hit by another driver who does? In this guide, we talk you through various scenarios and possible solutions involved in uninsured drivers compensation claims.
Firstly we look at some of the statistics surrounding accidents with uninsured drivers and what the law is regarding not having vehicle insurance. We discuss whether you could make a claim if you, the driver, didn’t have insurance but another person in the vehicle did, we look at what happens when an uninsured driver hits a driver with insurance, and what you should do if you are hit by an uninsured driver. We also talk about how the Motor Insurance Bureau can help. Then we go on to look at how much compensation you could claim and what additional damages you could include in your claim and how a personal injury solicitor could be beneficial.
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.
In July 2013, 226,803 people in the UK had points on their licence due to driving without insurance. However, these figures only speak for the number of drivers that have been caught and therefore may not accurately represent the full extent of the problem.
Uninsured drivers are accountable for 130 deaths each year and 26,000 injured persons in 2018.
The graph below uses data from the Department of Transport and shows the frequency of accidents of different severities in different vehicle types. Although this information doesn’t relate to insurance, we can see that cars are more likely than any other vehicle type to be involved in accidents.
Thankfully due to growing technology, it is easier for the Police to find and identify drivers that haven’t any insurance. The Motor Insurance Database, also working with the DVLA, holds the information regarding all insured vehicles. Days after an insurance policy has been opened, the information is entered automatically onto the database. This has led to a reduction in the number of UK drivers without insurance since the database was introduced. Subsequently, fewer uninsured drivers compensation claims may need to be made.
All UK vehicle users and vehicle owners are required to hold vehicle insurance. Third-party insurance is the minimum level you are expected to hold. Having insurance means that you are covered if you cause someone an injury, cause an injury to an animal, or damage someone else’s vehicle or property in an accident that was your fault. Driving without insurance is illegal. If an uninsured driver is hurt in an accident that wasn’t their fault, although they will still have their legal rights, the police can still charge them for driving illegally. The cost of uninsured drivers to the insurance industry is around £400 million each year. The law is in place to protect all drivers on UK roads and therefore the police are strict when it comes to uninsured drivers as they are breaking the law. Approximately 300,000 convictions every year for driving without insurance.
If you are caught by the police for driving without insurance, you may face an on-the-spot fine of £300 and also 6 penalty points on your licence. If you are taken to court, an unlimited fine whilst also being faced with a possible complete driving ban. The police also have the authority to seize your vehicle, and sometimes even have the vehicle destroyed.
Having vehicle insurance isn’t only required when driving, but is also required even if it is only parked on the roadside. If your non-insured vehicle is seen by the police, you could be faced with a fixed penalty notice, your vehicle being clamped. If your vehicle is off-road, then you should notify the DVLA as soon as you can.
In some circumstances, the driver of a vehicle may not hold insurance, but there is insurance for the vehicle. For example, the owner of the vehicle may have insurance but may not be the one driving. In this case, uninsured drivers compensation claims could be made against another party.
If the one driving without the insurance causes an accident, the owner’s insurance may be able to meet any third party compensation claims that may arise from the road traffic accident. This means that providing there is insurance in place in most cases the victims will be able to claim compensation even if the driver doesn’t hold insurance themselves.
I’m an uninsured driver, can I still claim? If you are hit by a driver that has insurance when you don’t, even if the accident was not your fault, the law isn’t necessarily going to be on your side. In theory, you would have the same rights as a non-fault pedestrian without insurance if they were hit by a car, in which case the insurance company of the car would be expected to pay compensation for damages. But here’s where it can become a problem, the police would also be obligated to charge you for not holding vehicle insurance, resulting in a fine, points on your licence or possibly even a driving ban.
What Happens If The Other Driver Was At Fault?
An uninsured driver will have the chance to secure compensation if the other driver who is at fault admits they were to blame, or there is sufficient evidence that proves this and shows the uninsured driver to be innocent.
If you are in a collision with an uninsured driver where you were at fault, you won’t be able to make a compensation claim for your injuries. They, on the other hand, will be penalised if caught driving without any insurance.
Could I Claim Against An Uninsured Driver?
Can I claim against an uninsured driver? Unfortunately, if you are hit by a driver that is uninsured, a claim for compensation isn’t straightforward like it would be had they had insurance. You may need to make an uninsured drivers compensation claims.
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. Click here to read more about this.
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.
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.
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|
|Chest injuries||£61,710 to £94,470||Traumatic injury to the chest, lungs or heart resulting in permanent damage, physical disability and impairment of function.|
|Chest injuries||£11,820 to £16,860||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.|
|Neck injuries||Up to £139,210||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||£61,710 to £122,860||Injuries, usually involving serious fractures or damage to discs in the cervical spine, which give rise to disabilities which are considerably severe.|
|Back injuries||£85,470 to £151,070||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||£69,600 to £82,980||Cases which have special features taking them outside any lower bracket applicable to orthopaedic injury to the back.|
|Shoulder injuries||£18,020 to £45,070||Often associated with neck injuries and involving damage to the brachial plexus.|
|Shoulder injuries||£11,980 to £18,020||Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck.|
|Injuries to the pelvis and hip||£73,580 to £122,860||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||£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|
|Arm injuries||£225,960 to £281,520||Loss of both arms|
|Arm injuries||£90,250 to £122,860||Injuries which fall short of amputation but which are extremely serious and leave the injured person little better off than if the arm had been lost|
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.
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.
Uninsured drivers compensation claims can be complex processes and so using a personal injury solicitor can be hugely beneficial. However, the potential financial implications of having legal representation can often dissuade people from getting the legal help they so often need in order to make a successful personal injury claim. But, if they hire a solicitor that offers a no win no fee policy, then they needn’t worry.
A no win no fee agreement, otherwise known as a Conditional Fee Agreement (CFA), acts as a branch of support when having legal help to file a claim for injury compensation. Under a CFA, the claimant is not required to pay any legal expenses or solicitor’s fees before or during the claims process.
If the solicitor successfully secures the claimant a compensation settlement, they will simply ask for a small contribution to their legal costs of making the claim. This involves taking a capped, small percentage of the awarded amount. If the solicitor is unsuccessful, however, then they will not request any payment from you for their costs at all.
Our team of personal injury solicitors at Legal Expert have many years of experience in making personal injury claims. Our team are experts in the field, always striving to secure the maximum amount of compensation possible for each and every client that we support. They’re authorised and regulated by the Solicitors Regulation Authority (SRA), so you can be sure that your case is being handled by a competent and experienced team.
At Legal Expert, we offer fantastic customer service including a free consultancy session with a member of our solicitor’s panel, local medical, free legal advice, and also we conduct all claims under a no win, no fee policy.
We are a reliable and friendly team. We will work hard on your behalf to get you the compensation you deserve.
Thanks for reading our guide to uninsured drivers compensation claims. We hope this had helped you see how you can claim compensation.
If you have been hit and injured by an uninsured driver in an accident that wasn’t your fault, or if you were injured in a road traffic accident through no fault of your own but do not hold any vehicle insurance, contact Legal Expert on 0800 073 8804 for free legal help and advice. Once we have the facts surrounding your case, we can make a start on getting you the compensation you deserve.
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.
What is the Motor Insurers’ Bureau?
The MIB or Motor Insurers’ Bureau is an organisation that runs a fund paying out for accidents involving uninsured or untraceable drivers. Each vehicle insurance company pays into the fund. This adds up to a fund of around £30 million a year. The fund will pay damages to the victims of uninsured or reckless drivers.
The claims detailed in this guide may be made via the Motor Insurers’ Bureau. Our team is experienced at handling such claims and could help you.
How much time do I have to make a claim?
A common query that people have when making personal injury claims it how long they have to make such a claim. The standard personal injury claims time limit applicable to most circumstances is three years. There are exceptions to this three-year rule.
- If the accident took place before a person’s eighteenth birthday, they have three years from turning 18.
- There are no time limits applicable to claimants who do not have the capacity to make their own choices.
- The family of someone killed in a road traffic accident has three years to make a claim. This will begin from the date of death or, from when the post mortem results were received.
What happens to uninsured drivers?
If you’re found to be driving a vehicle that you aren’t insured to drive, then you could face a fine of £300 and 6 points on your license.
How is the MIB funded?
The MIB is funded by insurers. All insurers who provide compulsory motor insurance are required to contribute to MIB funding, as per the Road Traffic Act 1988.
Can I claim for damage to property as well as my injuries?
You are able to submit a claim for property damage to the MIB, however, if you have another kind of insurance that covers the damages (like home insurance or contents insurance), it’s recommended that you claim through this avenue.
How much can I claim after being hit by an uninsured driver?
This depends on many factors relating to the accident, your injuries and any special damages your claim might attract. Speak to a member of our team today to find out more about how much you may be entitled to.
How long will it take to claim through MIB?
MIB will attempt to decide within 3 months whether a compensation payment is due or not. If you are due a payment, then a decision as to how much you’re entitled to will usually take longer than three months.
What should I do when involved in an accident with an uninsured driver?
The best thing to do in the aftermath of an accident is collect as much evidence as possible. This might involve asking witnesses to confirm your version of events. You should also seek medical attention for any injuries you’ve sustained.
Thank you for reading our guide on uninsured drivers accident claims.
Written By Howe
Edited By Melissa.