This article explains when you could be eligible to start a compensation claim after an accident with an uninsured driver. In addition to looking at the eligibility criteria for making a claim, we discuss the evidence you can assemble to strengthen your case.
Claiming for an accident with an uninsured driver
We look at how compensation is calculated to help you if you’re wondering “how much compensation could I be owed?”. Also, the way that a solicitor from our panel of personal injury specialists could help is addressed in this guide.
We encourage you to get in touch with us at any point if you would like more information about making an uninsured driver accident claim. You can:
- Call us on 0800 408 7827
- Contact us online
- Access advice through the live chat feature below
Choose A Section
- Can You Claim If You’ve Been Involved In A Car Accident With An Uninsured Driver?
- What Compensation Could You Receive After Having A Car Accident With An Uninsured Driver?
- What To Do If Hit By An Uninsured Driver
- How Long Do You Have To Make MIB Claims?
- Use Our Panel Of Solicitors To Make A No Win No Fee Car Accident Compensation Claim
- Learn More About Making An Uninsured Driver Claim
Can You Claim If You’ve Been Involved In A Car Accident With An Uninsured Driver?
After a collision on the roads that was caused by the negligence of another road user, you may be wondering what your legal options are. If the person at fault was uninsured, you may be wondering whether you could still pursue compensation for the harm you were caused. There are options available to those who have been injured by drivers without the required motor insurance.
Essential to upholding an eligible claim for compensation after a road traffic accident is being able to prove negligence, which means showing:
- That a duty of care was owed to you
- That another road user breached that duty
- That you suffered injury as a direct result.
The Road Traffic Act 1988 and the Highway Code outline the duty of care on the road. The Road Traffic Act is legally binding, and there are several rules in the Highway Code that you can find elsewhere in the legislation. All of these rules and guidelines promote safe conduct on the road.
The Highway Code outlines other obligations and rules that road users must comply with, such as having valid and correct insurance for the vehicle they are operating. While not all of these entries are legally binding, there are some that are elsewhere backed up by law.
How Could An Accident Occur?
Below, we have included some examples of how negligence on the road could lead to an injury:
- An uninsured driver pulls out of a side road without indicating or checking it was safe to do so. As a result, they collide with the side of your motorcycle, resulting in a broken hip.
- You’re stopped at a red light waiting, and an uninsured vehicle hits you in the back because they were speeding and didn’t have time to come to a stop. As a result of this rear-end collision, you sustain a broken nose and whiplash.
- You’re in a taxi as a passenger when a drunk driver travelling down the wrong side of the road causes a head-on collision. This causes you to suffer concussion.
If you would like guidance on claiming after an accident with an uninsured driver, speak with a member of our team today.
The Motor Insurers’ Bureau (MIB)
If you have been involved in a road traffic accident you must exchange your insurance details with anyone who has reasonable grounds for asking. This is so that any claims for damage can be made through the relevant insurers.
However, in some cases, the other driver might leave the scene before you are able to collect their details. Alternatively, they might not hold the required insurance. If this is the case, the Motor Insurers’ Bureau (MIB) is an independent agency that seeks to compensate those who have been injured in accidents with uninsured or untraced drivers. You could make your claim through them.
For more information on the claims process when pursuing a settlement through the MIB, speak with a member of our team today.
What Compensation Could You Receive After Having A Car Accident With An Uninsured Driver?
Payments in successful personal injury road traffic accident claims can be made up of two heads of claim. General damages aim to compensate the person for the physical and psychological pain, suffering and loss of amenity caused by their injuries.
Legal professionals can assess an amount by looking at medical evidence and comparing your injuries with those listed in a document called the Judicial College Guidelines.
We include an excerpt of this below for your information. However, it is important to bear in mind these are merely guidelines to help evaluate a claim and should not be taken as guaranteed.
Award Brackets
| Area of Injury | Severity | Award Bracket | Notes |
|---|---|---|---|
| Head | (c) Moderate (i) | £150,110 to £219,070 | Moderate to severe intellectual deficit or impact on senses and personality. |
| Neck | (a) Severe (i) | In the region of £148,330 | Incomplete paraplegia and little or no movement in the neck despite wearing a collar constantly for years. |
| Neck | (b) Moderate (i) | £24,990 to £38,490 | Chronic conditions that leave impaired function and greater risk of future trauma. |
| Back | (b) Moderate (i) | £27,760 to £38,780 | Injuries such as compressed or crushed vertebrae that leaves a substantial risk of osteoarthritis and constant pain. |
| Back | (c) Minor (i) | £7,890 to £12,510 | Full recovery (or to a nuisance level) which takes place without surgery within 2 to 5 years. |
| Pelvis | (b) Moderate (i) | £26,590 to £39,170 | Significant injury, but any permanent disability is mild any future risk not great. |
| Pelvis | (c) Lesser Injuries (i) | £3,950 to £12,590 | Where there is little or no persisting disability despite a significant injury at the outset. |
| Leg | (b) Very Serious (ii) | £54,830 to £87,890 | Injuries resulting in permanent mobility problems and the requirement for walking aids for the remainder of that person's life. |
| Knee | (a) Severe (ii) | £52,120 to £69,730 | Leg fractures that extend into the knee causing constant and severe pain and limited agility. |
| Ankle | (c) Moderate | £13,740 to £26,590 | Fractures and tears to ligaments that give rise to less serious disabilities. |
| Whiplash | One or more whiplash injuries with minor psychological injury. | £3,100 | Lasting more than 15 months but less than 18 |
| Whiplash | One or more whiplash injuries with minor psychological injury. | £4,345 | Lasting more than 18 months but not more than 24 months |
Our except includes tariff amounts from the Whiplash Injury Regulations 2021. These apply to minor soft tissue injuries sustained on or after 31st May 2021. Claims that include low-value soft tissue injuries may be processed in a different way.
Special Damages In An Uninsured Driver Claim
You could also receive compensation for the financial impact of your injuries. This potential head of claim is called special damages.
- Wage slips showing a loss of earnings
- Invoices showing medical costs
- Receipts for travel expenses to essential appointments.
There could be other expenses that are eligible for inclusion. Please speak to our team who can explain how a member of our panel could help your uninsured driver accident claim.
What To Do If Hit By An Uninsured Driver
Evidence is crucially important to support your uninsured accident driver claim. Below, we have compiled a list of some of the information you could use:
- CCTV and dashcam footage of the accident
- A diary that details significant dates and treatments needed
- Copies of medical evidence, such as prescriptions or X-rays
- Photographs of the area and your injuries
- Contact details for any witnesses who can provide a supporting statement.
A solicitor from our panel could help you collect evidence if this is something you don’t want to do alone. Speak with an advisor today to see if they could connect you with a legal representative when claiming for an accident with an uninsured driver.
How Long Do You Have To Make MIB Claims?
The Limitation Act 1980 states that there is typically a three-year time limit for starting a personal injury claim. This starts from the date of the accident. There can be certain exceptions, for example:
- Those who are under 18. A suspension applies to this time limit while they’re underage. Once they turn 18, they have 3 years in which to start their own claim.
- Those who lack the mental capacity to claim. The time limit is suspended while this is the case. In the event that they become mentally capable, they have 3 years in which to start their own claim.
In both of these cases, a litigation friend could claim on the injured party’s behalf. This is an adult who acts in the best interests of the claimant.
Please feel free to discuss any questions you may have about time frames and the role of litigation friends with our team.
Use Our Panel Of Solicitors To Make A No Win No Fee Car Accident Compensation Claim
You do not need to use the services of a personal injury solicitor to start a claim after an accident with an uninsured driver. However, their insights and expertise could help you put forward a stronger and more thorough claim.
Someone from our team could connect you with a solicitor from our panel who offer their services through a No Win No Fee agreement. A type of option they can offer is the commonly used Conditional Fee Agreement (CFA). Usually, this means:
- No upfront or ongoing fees for your solicitor’s services
- Your solicitor will make a small deduction from the payout if the claim is a success
- If your claim has an unsuccessful outcome, you won’t need to pay for the work they have completed on your case.
Find out how a solicitor from our panel can help you with your uninsured driver accident claim. To learn more, simply connect with our team for free guidance on your legal options:
- Call us on 0800 408 7827
- Contact us online
- Access advice through the live chat feature.
Learn More About Making An Uninsured Driver Claim
In conclusion, below are some further resources from our website:
- More on how to sue for a road traffic accident
- Read about how to sue an insurer for a car accident
- Also, how to sue for compensation as a passenger in an accident on the roads
We have also included the additional resources below for your reference:
- Some recent road accidents and safety statistics
- Cycle safety tips from Think!
- Lastly, more on the recent Highway Code changes.
If you have any questions about whether you could claim for an accident with an uninsured driver, speak with a member of our team today.
Article by Jef
Edited by Fer