How To Claim Compensation For Car Accidents Where One Party Has No Insurance
By Fern Easton. Last Updated 2nd March 2021. Welcome to our guide, which looks to answer the question, “I’ve been in a car accident without insurance, can I claim?”. Even though motor insurance is a legal requirement, there are times when you could be involved in a road traffic accident where one of the parties involved doesn’t hold a valid insurance policy. In normal circumstances, where insurance is held by the person responsible for the accident, you’d be able to claim for the damage to your vehicle and for any injuries you sustained. But what are your options when you’re involved in a car accident without insurance? Well, that’s what we’ll explain throughout this guide. We’ll look at claiming in different scenarios, who you’ll need to claim against and what amount of compensation might be paid.
Accident Claims UK is here to support you through the process by offering a no-obligation telephone consultation to assess the validity of your claim. We provide free advice on your options, and if your case is strong enough, one of our personal injury solicitors could handle your claim on a No Win No Fee basis.
To receive a free assessment of your claim, please call us on 0800 073 8801 today. Otherwise, why not carry on reading to find out more about what happens when a car accident without insurance occurs?
Select A Section
- A Guide On Claiming For A Car Accident Without Insurance
- What Are Car Accidents Without Insurance?
- Legal Minimum Car Insurance Requirements
- Statistics Showing The Number Of Car Drivers With No Insurance In The UK
- Could You Claim If Injured In A Car Accident Without Insurance?
- The Driver Was Not Insured But Another Party Was, Could I Claim Compensation?
- I Have Insurance But The Other Driver Has No Insurance, Could I Claim?
- Car Accident With No Insurance Made Through The Motor Insurers’ Bureau
- Calculating Compensation For A Car Accident Without Insurance
- Additional Damages Car Accident Victims May Be Eligible To Claim
- How Accident Claims UK Could Help You
- No Win No Fee Car Accident Without Insurance Claims
- Start Your Car Accident Claim
- Helpful Information For Car Accident Victims
A Guide On Claiming For A Car Accident Without Insurance
After being involved in a collision, you might be injured, upset or angry that somebody else’s mistake has caused you to suffer. You might get even angrier when you find out that somebody involved in the accident didn’t have a valid insurance policy to cover them. When that happens, you might think you won’t be allowed to claim compensation, and you’ll have to pay for any damage to your vehicle yourself, but that’s not necessarily the case.
The Motor Insurers’ Bureau (MIB) is an organisation set up by the insurance industry to help those affected by drivers with no insurance. We’ll look at how they could help in different scenarios as we progress through our guide.
As you can imagine, if you’re making a claim for injuries against an uninsured driver, the claims process can be tricky. That’s why we recommend that you have a specialist lawyer representing you. They should have the experience to know what options you have and what you’re eligible to claim for.
One thing you should think about is the personal injury claims time limit. This is a 3-year period you’re granted to make a claim, which runs from the date of your accident. While you might consider that a long time, it’s often best to start sooner while everything about the incident remains fresh in your mind. Your solicitor will appreciate you starting early as well because they need to carry out a number of tasks before the claim is ready to be filed. This can include gathering witness statements, assessing the crash scene photographs and obtaining medical reports.
Why not contact Accident Claims UK once you’ve read this guide and are ready to begin your claim? We’ll provide free advice on your options regardless of whether you end up claiming or not.
What Are Car Accidents Without Insurance?
Throughout this guide, we’ll look at what situations could lead to an insurance claim where one party is uninsured. We’ll consider cases where you were uninsured, but the other driver was responsible for the accident, whether it’s possible to use somebody else’s insurance to make a claim and accidents where the responsible driver was uninsured.
If you’re asking, “I’ve been in a car accident without insurance, can I claim?” please contact our team of specialists for advice on what to do next.
Legal Minimum Car Insurance Requirements
According to the laws of the land, specifically the Road Traffic Act 1988, all vehicle owners and drivers must have a valid insurance policy. The minimum level of policy that is required is known as a 3rd party policy. That means if an accident happens and you are responsible, your insurance policy will cover any damage or injuries caused to others involved in the accident. You won’t be allowed to claim for any damage to your own vehicle with 3rd party insurance.
The main benefits of 3rd party insurance are that it meets your legal requirements and it is cheaper than a more comprehensive policy. The main downside is that you will be liable for any damage to your own vehicle if you’re responsible for the accident.
Not having a valid policy could mean your car is destroyed, you receive a fine of up to £5,000, you could be given a 6 to 8 point penalty on your license, or you could receive a driving ban.
Statistics Showing The Number Of Car Drivers With No Insurance In The UK
According to statistics released by MIB:
- Uninsured driver accidents resulted in over 26,000 personal injuries in 2018- this is equivalent to one injury every 20 minutes.
- 132,804 uninsured vehicles were seized across the UK in 2018.
- London, Birmingham, Manchester and West Yorkshire are the worst affected areas for uninsured driving in the UK
- An uninsured driver is more likely to commit a “hit and run” and to be involved in other offences, such as driving a stolen vehicle, driving while disqualified or driving under the influence.
- Uninsured drivers cost the insurance industry £400 million annually.
- Each year, over 130 people are killed by an uninsured or untraced driver in the UK.
Could You Claim If Injured In A Car Accident Without Insurance?
Although it is an offence to drive without insurance, if you’re involved in an accident and you don’t have a valid policy, then technically, you would have the same rights as a pedestrian would if they were hit by a vehicle.
You could, therefore, ask for compensation for any injuries from the other driver if they had a valid policy. However, if they denied liability, one of the only ways you could prove what happened was if the police were called to the scene of the accident. While they would do so, and their evidence could be used to support your claim, you’d also be prosecuted by the police for driving without insurance yourself.
Without police evidence, you may be able to claim through the small claims court, but you’d be liable for any court costs. Furthermore, if you didn’t have insurance at the time, you might have to pay for your own medical costs as well.
I Was Not At Fault In The Accident, Does This Affect A Claim?
If the other driver admits responsibility for the accident or if there is sufficient evidence to prove what happened, then you might be able to claim compensation from them. To verify your position, contact a member of our team to see if you could be eligible to pursue a claim.
The Driver Was Not Insured But Another Party Was, Could I Claim Compensation?
There is a way in which you could make a claim against an insurance policy even if the driver wasn’t insured themselves. That could be the case if the vehicle is insured by the owner, but the policy didn’t cover the driver. In that situation, the owner’s insurance would cover any damage to third party vehicles and injuries to passengers.
If you believe this to be the case in your accident, please let us know so that we can work out who you’ll need to make a claim against.
I Have Insurance But The Other Driver Has No Insurance, Could I Claim?
You may be wondering, “if I’ve been in a car accident without insurance, can I claim if the other driver isn’t insured?”. In cases where you’re involved in an accident with a driver who’s not insured, but you are, there are a couple of options:
- If you were at fault for the accident, you wouldn’t be eligible to claim against the other driver. However, if you have a fully comprehensive policy, you could make an at-fault claim from your policy to cover your costs. You should consider whether this is a good idea because it will likely mean you need to pay a policy excess, lose some or all of your no-claims bonus, and your policy cost will increase in the years following your claim.
- If the other driver was at fault, they are liable for all of your costs. In a lot of cases, the driver without insurance won’t have the means to pay for the damage to your vehicle or compensate you for any injuries. However, there is a scheme that we’ll discuss in the next section, operated by the insurance industry, which could allow you to be compensated.
If you’d like free advice on whether you’re entitled to seek compensation, please contact an advisor today.
Car Accident With No Insurance Made Through The Motor Insurers’ Bureau
The Motor Insurers’ Bureau is an organisation set up by the insurance industry, which is able to compensate motorists who’ve been involved in an accident with an uninsured or untraceable (hit and run) driver. The scheme is funded by law-abiding drivers because a tariff is deducted from the cost of each policy.
The MIB is obliged to handle any claim in accordance with agreements produced in collaboration with the government. Essentially, that means if another driver should’ve had insurance but didn’t, and you suffered an injury or vehicle damage on a public road, you could be allowed to claim through the scheme. The MIB will always try to pursue the uninsured driver later on for any compensation they pay out.
Our solicitors have a vast amount of experience with handling claims of this type. First of all, they’ll check whether the driver is able to compensate you themselves and, if not, help you by submitting a claim via the MIB scheme.
If you’d like to discuss claiming through the MIB or need advice on whether that’s your best option, please contact us and let an advisor assess your options.
Calculating Compensation For A Car Accident Without Insurance
Having looked at the question “I’ve been in a car accident without insurance, can I claim?” now it’s time to look at the amount of compensation that might be paid for your injuries. In our experience, every claimant is affected differently by a car accident which makes it impossible to provide accurate compensation estimates here.
We don’t provide a personal injury claims calculator as they often lead to inaccurate estimates. Instead, you can find example compensation amounts paid for relevant injuries in the following table. The figures are taken from the Judicial College Guidelines, which is a tool courts and solicitors use to assess compensation amounts. As this is just one part of the compensation you could receive, contact an advisor who’ll be able to provide a more detailed estimate once your claim has been assessed.
Type of Injury Severity Compensation Details Additional Comments
Neck Severe £42,680 to £139,210 Damage or fractures of the discs in the cervical spine which lead to serious disabilities such as substantial reduction in neck movement and loss of function of one or more limbs
Neck Minor Up to £7,410
Soft tissue injuries of the neck which, without the need for surgery, resolve in less than a year. These are commonly seen in whiplash injuries.
Back Moderate £11,730 to £36,390 This is a compensation bracket that covers back injuries such as disturbed muscles which cause backache or a prolapsed disc which gives rise to repeated relapses.
Shoulder Serious £11,980 to £18,020 This bracket covers injuries like a dislocated shoulder with associated damage to the lower brachial plexus.
Hips Less Serious £3,710 to £11,820 When there is no residual disability following a significant injury to the hips, this category can be applied.
Arms Fracture £6,190 to £18,020 A generic compensation category to cover simple fractures of the forearm.
Wrist Fracture Rarely exceed £9,620 Covers wrist fractures which take longer than normal to heal but full recovery does take place.
You’ll no doubt have realised that compensation is based on how severe your injuries were. That means proof needs to be provided that displays the true nature of your suffering. Without it, you’ll probably not get the correct amount of compensation. Therefore, your solicitor will ask you to attend a local medical assessment during the claims process. The specialist who sees you will review your medical records and discuss your injuries with you. When they’re finished, a report will be compiled that can be used to explain what injuries were initially sustained, what impact they’ve had and whether any long-term symptoms will persist.
Additional Damages Car Accident Victims May Be Eligible To Claim
Claiming compensation involves two main heads of loss: general and special damages. The first is used to cover the pain, suffering and loss of amenity caused by your injuries. Our table in the previous part of this article contained general damages amounts.
Special damages aim to reimburse you for any expense you’ve accrued due to your injuries so that you’re no worse off than you were prior to the incident you’re claiming for. There are several parts that make up a special damages claim, including:
- Care Costs. Should you require a carer while you’re recuperating, you could ask for any costs charged by a professional. Also, if the carer is a friend or member of your family, it might be possible to claim an hourly rate for their time.
- Medical Expenses. Usually, any treatment you require to help you recover will be free on the NHS. That said, you might still end up paying for prescriptions, medication from a pharmacy or other treatment not available for free. That means you could include those costs in your claim.
- Travelling Costs. In cases where your injuries mean you’re not able to drive for a while, you could be entitled to claim if you incur costs for alternative modes of transport. Also, when you make trips to the pharmacy, hospital or GP’s surgery, you might have to pay for parking or fuel. Therefore, these could also be added to the claim.
- Lost Earnings. There’s a chance that taking time away from work could leave you out of pocket. That might be the case if you’re self-employed or if you don’t receive full sick pay from the company you work for. In that situation, you may be entitled to ask for any lost earnings to be paid back.
How Accident Claims UK Could Help You
We appreciate the fact that you’ve read this guide about claiming for a car accident without insurance. Hopefully, you’re now considering using Accident Claims UK to make your claim. Here are some of the benefits of doing so:
- Our claims and advice line operates 24-7.
- Specialist advisors provide free legal advice without any obligation to continue.
- Our team of expert personal injury solicitors have been dealing with claims for over 30-years.
- When your claim is taken on, your solicitor will be able to provide updates and answer any questions which arise throughout the claim.
- The ultimate aim of your solicitor will be to try and make sure the highest possible level of compensation is achieved for your injuries.
If you would like us to help you begin a claim today, please contact an advisor for free advice on your options.
No Win No Fee Car Accident Without Insurance Claims
The cost of hiring legal support can often be frightening and put people off making claims. We understand that’s the case, and so our team of solicitors work on a No Win No Fee basis for any compensation claim they take on. Not only will you feel less stressed while the claim is progressing, but your financial risk will also be reduced.
Your solicitor will, of course, need to check the claim has merit before agreeing to work on it. After they’ve done so, if you’re both happy to continue, you’ll be given a Conditional Fee Agreement (CFA) to review and sign. The CFA funds your claim and provides many benefits, including:
- No upfront fee will be requested, which allows the claim to commence quickly.
- You’ll not be asked to cover any solicitor’s fees while the claim is handled.
- If the claim is not won, you don’t have to pay the solicitor’s fees at all.
To cover their costs when your claim is won, your solicitor will retain a small amount of your compensation. This ‘success fee’ is part of your agreement and listed in the CFA, so you’ll know how much you’ll pay at the start of the claim. Furthermore, by law, success fees are capped.
Start Your Car Accident Claim
With this guide, we set out to answer the question, “I was involved in a car accident with no insurance, can I still claim?”. Hopefully, we’ve answered that question, and you’re now in a position to begin your claim. If that’s true, here are the easiest ways to contact us:
- Use the live chat feature at the bottom of your screen to discuss your case with an advisor.
- Ask for free claims advice by calling a member of our team on 0800 073 8801
- Email firstname.lastname@example.org with your account of how the accident happened.
- Ask us to contact you at a convenient time by filling out this claims form.
To start the claims process, an advisor will offer a no-obligation telephone consultation. They’ll review the case with you and consider the evidence you’re able to supply. If they agree that the claim is viable, you’ll be connected with a specialist personal injury solicitor. To help make the process less stressful, our solicitors work on a No Win No Fee basis for every claim they handle.
Car accident without insurance, can I claim? FAQs
How long after a car accident can you claim on insurance in the UK?
The time limit for any personal claim after a car accident is three years, and this is the same for claims made to the Motor Insurers’ Bureau after being hit by an uninsured driver. You can make a claim for the pain and suffering that you may have experienced as a result of your injuries, which will be covered in your general damages. Special damages, covering things like loss of earnings, care that you’ve had to pay for or any travel expenses, can also be included in your claim.
What happens to uninsured drivers in an accident?
An uninsured driver is breaking the law, whether or not they are involved in an accident on the road. If you’re found to be driving without insurance, not only could you be liable for the cost of an accident and the resulting claim but you also run the risk of having your vehicle seized. Furthermore, you may face prosecution and disqualification from driving as well as an unlimited fine. A driver without insurance could also be at risk of paying higher insurance premiums.
Not only this, but uninsured drivers who kill or seriously injure someone in an accident could face criminal charges. Driving without insurance may result in a harsher sentence for uninsured drivers, in accordance with the Road Safety Act 2006.
Helpful Information For Car Accident Victims
You’ve arrived at the last section of our guide about claiming for a car accident without insurance. We do hope you’ve benefited from the information we’ve provided, and it’s made it clearer whether you can make a claim. To provide additional support, here are some extra guides and resources you might find useful:
Claiming For Whiplash – Information about making a personal injury claim for soft tissue and whiplash injuries.
Pothole accident claims – Advice on claims for injuries sustained in an accident caused by a pothole.
Passenger Accident Claims – Guidance that should help you work out if you can claim for injuries sustained as a passenger in a car accident.
Motor Insurance Information – This guide, from Citizens Advice, provides lots of information about what insurance is required.
Vehicle insurance – information from the government about vehicle insurance.
Whiplash – This guide from the NHS provides advice on dealing with whiplash.
Thank you for reading our guide, looking at the question, “I’ve been in a car accident without insurance, can I claim?”.
Guide by BE
Edited by REB