How To Claim Compensation If You Have Been Hit By An Uninsured Driver
By Fern Easton. Last Updated 3rd March 2021. Welcome to our guide on making a claim against an uninsured driver. If you’re injured in a road traffic accident that’s caused by another driver, you might already know that you could seek compensation from them. But what if they’re not insured? Well, in some cases, you could still bring a claim against an uninsured driver to compensate you for your injuries. That’s because the insurance industry runs a scheme that allows such claims. In this guide, we’ll look at when you could claim if you’re involved in an accident with an uninsured driver, the claims process and the amounts of compensation that could be awarded.
Here at Accident Claims UK, we have a team of specialist advisors who could help you by offering a no-obligation assessment of your claim as well as free legal advice. If they think your case is at a stage where a claim could be successful, they could introduce you to one of our no win no fee solicitors. If you’d like to discuss your claim right away, please call 0800 073 8801 now.
Alternatively, if you’d like to find out about claiming against an uninsured driver, please continue reading.
Select A Section
- A Guide To Claims Against An Uninsured Driver
- What Is The Law On Car Insurance?
- UK Uninsured Driver Statistics
- How To Protect Your Excess And No Claims Bonus
- How Difficult Is It To Claim Against An Uninsured Driver?
- Claims Involving An Unlocated Driver
- What Is The Role Of The Motor Insurers’ Bureau?
- Could The Uninsured Driver By Prosecuted?
- Will My Vehicle Accident Claim Be Different If The Other Driver Does Not Have Insurance?
- Claims Against Uninsured Vehicles For Whiplash Injuries
- Uninsured Driver Personal Injury Claims Calculator
- Special Damages Claims Against Uninsured Drivers
- No Win No Fee Claims If Hit By An Uninsured Driver
- Why Select Us To Handle Your Claim If Hit By An Uninsured Driver?
- Start Your Claim Against An Uninsured Driver Today
- Essential References
A Guide To Claims Against An Uninsured Driver
In a ‘normal’ road traffic accident, the parties involved will swap insurance company details so that the damage can be dealt with when everybody has returned home. However, when you’re involved in an accident with an uninsured driver, what do you do? In this guide, we’re going to try and answer this question and others, including:
- What happens if you get in an accident with someone without insurance?
- Will my insurance go up if I get hit by an uninsured driver?
- What do I do if I get hit by an uninsured driver?
- Can you sue an uninsured driver?
Luckily, there is a scheme run by the insurance industry known as the Motor Insurers Bureau (MIB). In certain circumstances, they allow you to claim against an uninsured driver. We’ll therefore look at when you could make a claim using the MIB scheme.
As in any other personal injury claim, you’ll only be able to use the MIB scheme if your claim is made within the personal injury claims time limit of 3-years. Also, you’ll need to be able to show that the accident was caused by the uninsured driver’s negligence and that you suffered an injury.
To help ensure you can prove what happened, we suggest that following an RTA, you take the following steps:
- Photograph the scene of the accident before vehicles are removed.
- Get the other driver’s details. If they are unwilling to provide these, you should ensure you have at least their number plate details and the make and model of their vehicle.
- Ask witnesses for their details.
- Visit a GP or A&E for treatment. Medical evidence is an essential part of any claim.
- Photograph any visible injuries.
What Is The Law On Car Insurance?
The law on motor insurance in the UK is quite straightforward. You must have at least third-party vehicle insurance before you operate a vehicle, according to the Road Traffic Act 1960. The different types of insurance you can usually apply for are:
- Third-party insurance. This means that in an accident if you injure another person or damage their vehicle, your insurance company will compensate them where necessary. Your own vehicle or injuries won’t be covered.
- Third-party, fire and theft. The same as above, but your vehicle is covered if it’s stolen or involved in a fire.
- Fully comprehensive insurance. This means your own vehicle is also covered by your insurance.
If you don’t have any insurance at all, and you drive any form of vehicle, you’ll be breaking the law. This could lead to prosecution by the police. We’ll look at this in more detail later in the guide.
UK Uninsured Driver Statistics
In January 2020, the Motor Insurance Bureau released a report based on data provided by UK police forces. This report revealed that 2 million vehicles without insurance have been seized since 2005 when the ability for police to seize these vehicles was first introduced. In 2019 alone, over 137,000 vehicles without insurance were seized by MIB.
The MIB estimates that every 20 minutes, someone in the UK sustains injuries caused by an uninsured driver, or in a hit-and-run accident where the driver is unable to be traced. These figures mean that, on average, one-fifth of road traffic casualties are caused by an uninsured or untraced driver and so can be claimed for through the MIB.
The reported road casualties in Great Britain report for 2019 revealed that there were a total of 153,158 casualties of all severities in RTAs in Great Britain. Although this figure is at it’s lowest since 1979, as we can see from the graph above, we can extrapolate from the data provided by the MIB that a significant number of these injuries from RTAs in 2019 were caused by uninsured or untraced drivers.
How To Protect Your Excess And No Claims Bonus
When you’re involved in an accident with an uninsured driver, you might be worried about the effect on your no claim bonus and the amount of policy excess you might need to pay. In normal circumstances, if you chose to claim through your own insurance policy, you could lose your no claims bonus (meaning a price increase for future policies) and pay the excess.
However, some insurers do offer a protected no claims bonus (or uninsured driver promise) if you’re hit by an uninsured driver. This isn’t too common, though, so the other way to protect your own insurance benefits is to claim against the MIB.
How Difficult Is It To Claim Against An Uninsured Driver?
The MIB will usually try to help you make a claim against an uninsured driver, but there are some exemptions to when they can help. These include:
- If you try to claim because you were a passenger in a car that you knew was uninsured.
- When the accident happened on a private road which isn’t available to the general public.
- If you were driving under the influence of alcohol or drugs. The same is true if you were a passenger and the driver was under the influence.
Other than these exemptions, to be able to claim against the MIB, you’ll need to ensure you weren’t to blame for the accident, you have the details of the uninsured driver and their vehicle, and you have details of witnesses who saw the accident occur.
Claims Involving An Unlocated Driver
If you’re involved with a driver who can’t be located, claiming against the MIB can become slightly trickier. Whilst you still have the 3-year claim time limit to make a claim in normal circumstances, if you’re claiming against an unknown driver, there’s a 9-month period to make a claim.
We recommend that you inform the police of any such accident so that you have a police reference to provide to the MIB. While the police might not investigate if the injuries are minor, having the reference number could be important. The same is true of any witness statements, dashcam footage and also the other vehicles registration number if you’re able to obtain it.
What Is The Role Of The Motor Insurers’ Bureau?
The Motor Insurers Bureau is a scheme set up by the insurance industry. It’s unfortunate that it’s required because it does have an impact on the cost of insurance for those who do take out a policy. One report estimates that it costs around £15 per insured driver to fund the MIB.
The main scheme they run is called the ‘Uninsured Drivers Agreement’. This aims to help drivers who are involved in accidents caused by uninsured drivers. In these cases, the MIB could compensate the victim for damage and injuries. Essentially, they take on the liability from the uninsured driver.
While you might think this is unfair, the MIB will always try to recover any compensation they pay out on behalf of the uninsured party, no matter how long that might take.
The claims process that the MIB follow is quite similar to a personal injury claim for a normal road traffic accident. However, there are some differences. Therefore, we’d always advise that you have a specialist solicitor on your side. We can provide a solicitor with many years’ experience handling such claims to act on your behalf. As with any other type of claim, if they agree to take on your claim, it will be on a no win no fee basis.
Could The Uninsured Driver By Prosecuted?
As mentioned earlier, it is an offence to drive without insurance. Therefore, the MIB could inform the police of the other driver’s details and the accident they were involved in. If the police decide to, they could prosecute the driver for driving without insurance.
As part of their investigation, the police might discover that the driver also has no tax or a valid MOT for their vehicle. This could also lead to prosecution.
The on the spot fine that police can issue for driving without insurance is £300 and 6 penalty points on your licence. However, if the case goes to court, an unlimited fine is possible, and you could be disqualified for driving.
Will My Vehicle Accident Claim Be Different If The Other Driver Does Not Have Insurance?
Essentially, even though you’ll be claiming against the MIB rather than a normal insurance policy, the claim will be handled in much the same way. It will be assessed in the same way to determine liability, and the amount of compensation will be worked out in the normal way.
As in any claim against an insurer, the MIB will be acting in its own interests and looking to settle for as little as possible. That’s why we recommend having a personal injury specialist on your side.
When we handle claims against uninsured drivers, we always ensure your injuries are assessed by an independent doctor local to you. That’s because when they provide a report with details of your injuries, we can try to ensure that any settlement offered by the MIB is fair. We believe that it’s important to do this because once a claim has been settled, you can’t go back and ask for more compensation later. That’s true even if you find out your injuries were worse than you initially thought.
Claims Against Uninsured Vehicles For Whiplash Injuries
Whiplash occurs when you’re involved in a collision, and your head is whipped forwards, then backwards, suddenly. It can happen in high or low-speed collisions. The symptoms of whiplash include pain and stiffness in the neck, shoulders, back and upper arms. They might not be obvious immediately following an accident.
If a doctor diagnoses that you’ve suffered from whiplash injuries, you could be able to claim compensation for your suffering through the MIB.
Uninsured Driver Personal Injury Claims Calculator
If you’re going to make a claim against an uninsured driver, you’re probably interested in how much compensation you’ll receive. Because claims are unique, it’s not possible to give you an accurate assessment until we’ve discussed your claim in detail.
However, we can provide the personal injury claims calculator table below, which shows how much could be paid for specific injuries. Bear in mind, though, that this is just one part of the claim.
|Injury Type||Severity||Payment Range||Comments|
|Neck||Severe||£42,680 to £139,210||Fractures, severe soft tissue injuries or dislocations which cause a permanent and signifciant disability. Injuries to the top of this bracket will be associated with incomplete paraplegia where the injured person has little or no movement in the neck.|
|Neck||Minor||£4,080 to £7,410||Soft tissue damage injuries (such as whiplash) where full recovery occurs between 1 to 2 years.|
|Back||Moderate||£11,730 to £36,390||An example of an injury in this range is a crush or compression fracture of the lumbar vertebrae causing constant pain and increasing the chances of osteoarthritis.|
|Back||Minor||Up to £2,300||Sof tissue damage, strains, sprains and fractures which don't require surgery where recovery happens within 3 months.|
|Shoulder||Moderate||£7,410 to £11,980||Includes frozen shoulder injuries and soft tissue injuries that persist for up to 2 years.|
|Arms||Amputation||£90,250 to £281,520||Injuries that result in the amputation through the forearm (below the elbow). The top end of the bracket will be awarded where both arms have been amputated.|
|Wrist||Uncomplicated fracture||In the region of £6,970||This payment covers injuries such as an uncomplicated Colles' fracture of the wrist.|
|Legs||Moderate||£26,050 to £36,790||Includes multiple fractures or severe crushing injuries to one leg.|
|Knee||Moderate||Up to £12,900||Includes lacerations, twisting, bruising, dislocations and a torn meniscus. The payment amount will vary depending on amount of pain and recovery time.|
|Foot||Minor||Up to £12,900||This range covers injuries to the feet such as puncture wounds, ruptured ligaments and also fracture metatarsals.|
|Ankle||Moderate||£12,900 to £24,950||Includes ligament tears and fractures which cause difficulty in walking for long periods, climbing stairs and walking for long periods.|
Don’t worry if you can’t see your injury listed; this table is just a sample. The figures provided come from a legal document known as the Judicial College Guidelines (JCG). The JCG is used by solicitors, courts and insurers to ensure that compensation amounts are fair across different cases.
You’ll notice that compensation is awarded based on how severe an injury is. Therefore, your solicitor will need to provide ample evidence to support the claim. Our solicitors use a report from an independent doctor to establish the severity of your injuries. They’ll use the report, in conjunction with any other evidence you’ve supplied, to try and ensure you are compensated fully for your injuries.
Special Damages Claims Against Uninsured Drivers
When you’re hit by an uninsured driver, your solicitor can claim for a number of different things. That’s the case even when you’re claiming against the Motor Insurers Bureau. The first part of the claim will be for general damages. That’s the compensation paid for pain and suffering caused by any injuries. In the previous section, the table included figures for general damages.
Then we move on to special damages. This is compensation paid out to reimburse any financial losses linked to your accident. There are many elements that make up the special damages part of a claim, including:
- Medical Expenses.
Even though you’ll probably receive free treatment on the NHS, the cost of prescriptions and other medicines can soon add up. Therefore, you could claim these costs back. Also, some non-NHS treatment costs might be claimed back too.
- Travel Costs.
It’s quite common following an accident to have to make multiple trips to the hospital or your GP for treatment. This means that you could claim back the fuel and parking costs for these journeys.
- Care Costs.
If you require professional care to help you recover following from your injuries, you could claim back the carer’s fees. Also, if a family member or friend cared for you, it might be possible to seek compensation for their time.
- Lost Earnings.
When you need to take time off work for medical appointments or to recover at home, you might lose out on some of your income. Therefore, this loss could be claimed back. If you suffer long-term or life-changing injuries that affect your ability to work, you could also ask for future lost income to be considered as well.
No Win No Fee Claims If Hit By An Uninsured Driver
The cost of hiring a personal injury solicitor to claim against an uninsured driver is something that might deter you from claiming. However, our solicitors all work on a no win no fee basis for any claim they handle. Therefore, you needn’t be put off. Here’s how no win no fee agreements work.
First of all, when you and the solicitor both agree to work together, you’ll sign a conditional fee agreement (or CFA). This contract states, in black and white, that you won’t pay the solicitor’s fees unless you receive compensation. It also explains that, should you be compensated, there’s a ‘success fee’ to pay. The CFA will state the level of the success fee, which is expressed as a percentage of your compensation. It’s limited, legally, to be no higher than 25% of your compensation.
As the success fee is outlined in the CFA right from the start, there are no surprises when a claim is settled. We believe this makes claiming a lot less stressful and reduces the financial risk. It’s the reason we offer no win no fee agreements for all claims we handle.
Why Select Us To Handle Your Claim If Hit By An Uninsured Driver?
We hope that the information provided in this guide so far has shown how knowledgeable we are about making a claim against an uninsured driver. Hopefully, that means you’d like to use Accident Claims UK to begin a claim today. Here are some more reasons why we think you should consider using us:
- Our friendly team of advisors offer a no-obligation assessment of your claim.
- They also provide free legal advice about the claims process.
- The claim line is open 24-hours a day, 7-days a week.
- We have received excellent feedback from previous clients.
- Our team of solicitors, who have up to 30 years’ experience handling personal injury claims, always try to ensure clients receive the maximum amount of compensation for their injuries.
- They also try to resolve claims as quickly as possible.
Start Your Claim Against An Uninsured Driver Today
We hope that you’ve found this guide about claiming against an uninsured driver helpful. If you’re ready to begin a claim using Accident Claims UK, then there are a number of ways to contact us:
- Call 0800 073 8801 to speak to an advisor directly.
- Email details of your claim to firstname.lastname@example.org
- Use our live chat facility to discuss your claim online.
- Or, finally, you can request a call back by completing our online claims form.
Our team are available 24-hours a day, so you can call whenever it’s most convenient. The advisor will assess your claim for free and without obligation. They’ll also provide free advice on your options. If your claim is deemed to have a chance of success, they could introduce you to a solicitor who could handle your claim on a no win no fee basis.
Thanks for reading our guide about making a claim against an uninsured driver. To assist you further, we’ve provided some more additional guides, links and resources that we hope you’ll find useful.
Vehicle Insurance – Information from the government about car insurance laws.
Roadside Insurance Checker – This tool, from the Motor Insurers Bureau, allows you to check if a vehicle is insured from your mobile device.
Whiplash- NHS – A useful guide from the NHS on the symptoms and treatment of whiplash.
Road Traffic Accident Claims – This guide explains when you could make a personal injury claim for injuries caused in an RTA.
Claiming For Whiplash Injuries – A guide that looks specifically at when you could claim for a whiplash injury.
Hit And Run Accident Claims – This guide explains how a personal injury lawyer could help you claim if the other driver doesn’t stay at the scene of an accident.
If there is any more information that you require, please don’t hesitate to get in touch with an advisor.
Thank you for reading our guide on pursuing a claim against an uninsured driver.
Article by Brett.