By Jo Anderson. Last Updated 31st July 2023. If you have been hit by an uninsured driver and suffered injuries, you might be wondering if it is possible for you to claim compensation. If you can prove that you suffered your injuries due to the other driver breaching their duty of care, you may be able to make a personal injury claim.
In this guide, we answer the question, ‘Can you claim against an uninsured driver?’ We explain the eligibility criteria for making a claim and the duty of care all road users owe. Furthermore, we discuss the role of the Motor Insurers’ Bureau (MIB) in uninsured driver claims. We also explain how compensation is calculated in such claims and how one of our solicitors could assist you if you’re eligible to claim.
If you have questions about your case, or you’d like to check whether one of our No Win No Fee solicitors could help you, you can contact an advisor.
Select A Section
- What Are Accidents With Uninsured Drivers?
- What To Do If Hit By An Uninsured Driver?
- Could You Claim Through The Motor Insurance Bureau?
- Could You Claim If The Other Driver Is Not Located
- Compensation Payouts For Road Traffic Accidents
- Additional Damages Which Could Be Claimed
- No Win No Fee Claims If Hit By An Uninsured Driver
- Helpful Resources
A road traffic accident is when vehicles collide. Types of vehicle and car accidents include: rear-end collisions where one vehicle drives into the back of another vehicle, head-on collisions where two vehicles impact into each other, t-bone accidents when a vehicle crashes into the side of another, and sideswipe accidents where one car hits another, sideswipes another vehicle as it passes. There are also single-vehicle crashes, where a driver crashes into an object such as a lamp post or a wall, the driver is almost always at fault for these sorts of accidents.
When a car crash or vehicle accident occurs, the police may investigate the accident to find out who is at fault. If one driver is found to be at fault, the other driver will be able to make a claim against their motor vehicle insurance, for damages to their vehicle. If the driver who is not at fault is injured, they will also be able to make a personal injury claim against the other driver’s insurance. It is possible to claim compensation if you are hit by an uninsured driver. Unfortunately, if you have an accident that caused an injury with an uninsured driver, claiming can be more complicated.
Many clients ask us, “I’ve been hit by an uninsured driver, what do I do?” If you have been involved in a car accident, or motor vehicle accident that caused an injury with an uninsured driver who is at fault, you can do the following at the scene of the accident to collect evidence to support you when you make a compensation claim:
- You must report the accident to the police within five days of it taking place. If you or another person is seriously injured, call 999 for an ambulance.
- Takedown the make, model, and registration number of the other car.
- Speak to the other driver. Try not to say “I’m sorry” or “that was my fault”, as it may be taken as an admission of fault. After car accidents, it is normal for both drivers to exchange contact details (name, address and telephone number) as well as details of their insurance provider. If the other driver refuses to give you these, it might be a sign that you have been hit by an uninsured driver. Instead of engaging in an argument with the other driver, we recommend that you make a report to the police.
- Take photographs of any damage to your vehicle or visible injuries you may have. This may be used as evidence if your claim is investigated.
- Speak to any bystanders who witnessed the accident and take down their contact details (name, address and telephone number). They may be required to give evidence if your claim is investigated.
If you are hit by an uninsured driver in the UK, you might have questions, such as, ‘can you claim against an uninsured driver?’.
It can still be possible to claim against an uninsured driver through the Motor Insurers’ Bureau (MIB). The MIB provides compensation for those involved in accidents caused by uninsured drivers or untraceable drivers.
To check your eligibility to claim, get in touch with our advisors for a free initial consultation.
Will The Motor Insurance Bureau Investigate My Claim?
Yes. If you report your accident that caused an injury with an uninsured driver to the Motor Insurance Bureau, they will investigate to make sure that you have legitimate grounds to make a compensation claim. They will also try to trace the party responsible for your accident if the driver is unidentified.
Could Claims Always Be Made Through The Motor Insurance Bureau?
There are some instances in which the MIB will refuse to pay you road traffic accident compensation:
- You were driving under the influence of alcohol.
- You were a passenger being driven by a driver, who you know was not insured to drive that car or vehicle.
- If the evidence confirms you were wholly responsible.
We’ll explain more about this as we continue through our uninsured driver compensation claims guide.
If a driver is involved in a road traffic accident they are required by law to stop, even if the accident is a minor one. If a driver drives away from the scene of the accident, this is called a “hit and run”. Often the driver does this if they are uninsured and wish to avoid penalties, or avoid prosecution if they were driving dangerously. Usually, the driver cannot be traced.
Fortunately, it is also possible to claim compensation for a road traffic injury through the MIB if you were hit by an untraced driver. For claiming compensation for an accident causing an injury with an uninsured driver or an untraced driver, we recommend you use a solicitor to handle your claim and negotiate with the Motor Insurance Bureau to get you the optimal amount of compensation you could be entitled to claim. Contact Accident Claims UK, to enquire.
You can use this calculator to estimate how much compensation you could claim. This table looks at compensation for many injuries. It does not include payments for damages to your vehicle, or special damages you may be awarded for expenses you have suffered as a result of your injuries, such as medical expenses. This is an approximate estimation of how much compensation you could receive, for an accurate estimate, call Accident Claims UK to speak to an experienced advisor.
|Type of Injury
|Severe neck injuries (ii)
|Cervical spine disc injuries or serious fractures. Disability could be considered severe. An example could be permanent damage to the brachial plexus.
|£65,740 to £130,930
|Severe neck injuries (iii)
|Fractures and/or dislocations or severe damage to tendons or soft tissue. Cases would be assessed in terms of the seriousness of symptoms experienced, prognosis and treatment required to determine the award.
|£45,470 to £55,990
|Moderate neck injuries (ii)
|Injuries including wrench-type injuries and other soft tissue injuries that lead to a serious limitation on movement. Recurring pain, cervical spondylosis, discomfort and stiffness may also feature. Future surgery may be required.
|£13,740 to £24,990
|Neck injuries Moderate (iii)
|Injuries exacerbating other conditions by less than 5 years.
|£7,890 to £13,740
|Arm injuries – severe (a)
|Injuries that are not quite amputations but leave the injured person little better off than if they had lost the arm.
|£96,160 to £130,930
|Arm injuries – Less severe (c)
|While a substantial recovery would likely have taken place, or be expected, but where the initial injury would have caused significant disability.
|£19,200 to £39,170
|Very serious leg injuries
|Causing permanent problems with mobility. Crutches or other mobility aids may be required for the rest of the injured party’s life. Examples of such injuries could include multiple fractures, which have led to years of recovery, with the injured party requiring an extensive level of treatment. Deformities and movement limitation would still remain and the injured party may need further surgery in the future.
|£54,830 to £87,890
|Injuries to the elbow – (a) A Severely Disabling Injury
|Causing severe disability
|£39,170 to £54,830
|Fractures to the clavicle
|The extent of the injury, how disabling it was, whether it was a permanent injury, and the presence/absence of residual symptoms would determine the level of compensation.
|£5,150 to £12,240
What Impacts My Compensation?
Factors that could influence the level of compensation you could get could be the level of severity of your injury, how it has affected you and whether you need further treatment. And to evidence this, you would need to attend an independent medical assessment with a medical professional that is not connected to your case. They would need to examine you, and could order further tests to get a full picture of your injury. Once they had done so, they could go ahead and write a medical report that your solicitor could use to argue for compensation on your behalf.
Your solicitor could use the publication known as the Judicial College guidelines to help fight for the maximum compensation possible for your claim. If you would like to find out how to arrange a medical appointment or to have someone arrangement for you please get income touch. We will be happy to assist you.
Need Help With An Uninsured Driver Compensation Claim?
We can’t list all injuries in this uninsured driver compensation claims guide, so please don’t worry if yours isn’t listed. You could still be entitled to claim.
If you make a claim for injuries caused by a car accident, you will be awarded two heads of claim. The primary part of your compensation package will be damages for your pain, suffering and loss of amenity.
The secondary part of your package will be special damages which will reimburse you for any out of pocket expenses that you have experienced, as a result of being injured, such as travel expenses, medical expenses or reimbursement for loss of earnings. In the very unfortunate circumstances that you became permanently disabled as a result of your injuries, you can claim for funds to pay for any at-home care, mobility equipment or home and car adaptations you may now be in need of.
Accident Claims UK gives clients the option to make their claim on a No Win No Fee basis. This means that instead of paying a non-refundable solicitors fee before you begin your claim, you will pay us a success fee, on the condition that we win your case. The fee is deducted from your final compensation package, making no win no fee the more affordable option for many. In the unlikely event that we do not win your claim, you will not be charged a fee, so there is less financial risk involved.
To begin your claim for a car accident or motor vehicle accident that caused an injury that was not your fault call Accident Claims UK today on 0800 073 8801. Alternatively, use our online claims form to reach us. We’re looking forward to hearing from you.
A Guide To Car Accident Claims – Check how much compensation you may claim for injuries caused by a car accident?
Cycling Accident Claims & Advice – Check how much you could claim in compensation for your injury.
External Resources If You Were Hit By An Uninsured Driver In The UK
Thanks for reading our uninsured driver compensation claims guide.