If you are wondering whether you could be eligible to make a personal injury claim after being hit by an uninsured driver and how you could do so, this guide could help.
A Guide To Claiming After Being Hit By An Uninsured Driver
After being injured in a car accident with an uninsured driver, you could seek compensation for the harm you experienced. However, there are certain criteria that need to be met, including showing that the other road user was at least partially at fault for the accident. We will explore these in further detail throughout our guide.
If you are eligible to make a personal injury claim, you would usually do so against the at fault driver, whose insurance would cover the compensation. However, in cases where the driver is uninsured, you could still seek compensation by making your claim for a personal injury through the Motor Insurers’ Bureau (MIB) instead. The MIB provide those who have been involved in a road traffic accident with a driver that doesn’t have insurance or cannot be traced with a way to seek compensation.
As you move through this guide, you will find information on the process of claiming through the MIB, including the evidence you could gather to strengthen your case and the compensation you could be awarded for your injuries.
Our guide will conclude with information on working with a solicitor who offers their services under No Win No Fee terms.
For more information on personal injury claims for road traffic accident injuries, please speak with an advisor. To reach them, you can:
- Call on 0800 408 7827
- Contact us online
- Speak with an advisor via the live chat feature below
Jump To A Section
- Am I Eligible For Compensation If I’m Hit By An Uninsured Driver?
- Car Accident Compensation Examples
- Evidence You Can Gather If You’re Hit By An Uninsured Driver
- Road Traffic Accident Claim Time Limits
- Claim With No Win No Fee Road Traffic Accident Solicitors
- Additional Information On Claiming If You’re Hit By An Uninsured Driver
Am I Eligible For Compensation If I’m Hit By An Uninsured Driver?
The Road Traffic Act 1988 sets out the duty of care road users owe one another. They must navigate the roads in a way that prevents both themselves and other road users from sustaining an injury. Additionally, there is guidance on their responsibilities in the Highway Code as well as rules that they must follow.
You may be eligible to start a personal injury claim if you were injured after being hit by an uninsured driver who breached the duty of care they owed you. A breach of duty causing harm is known as negligence, which can form the basis of a valid claim.
There are several ways a road traffic accident could occur following a breach of duty. For example:
- A driver may have pulled out of their driveway without checking their mirrors causing them to crash into an oncoming vehicle. As a result, the other driver may have sustained a broken hip and leg fracture.
- A driver fails to pay due care and attention when operating their car causing them to crash into the back of another vehicle. As a result, the other driver sustains whiplash in a rear-end collision accident.
To discuss your specific case and find out whether you’re eligible to seek compensation, please get in touch with an advisor.
Car Accident Compensation Examples
After making a successful personal injury claim, you will be awarded compensation for the emotional and physical pain and suffering you experienced because of your injuries under general damages. The long-term impact on your quality of life can also be taken into account.
In order to value your injuries, legal professionals can refer to a document called the Judicial College Guidelines. This document contains guideline compensation figures, some of which you can find in the table below. Please only use these as a guide, however, because your actual settlement will differ.
The table also contains amounts from the tariff in the Whiplash Injury Regulations 2021. These are used to value whiplash injuries as per changes that were brought in by the Whiplash Reform Programme. Please note these amounts are fixed.
Guideline Award Brackets
| Injury | Severity Level | Award Bracket |
|---|---|---|
| Arm | Severe | £96,160 to £130,930 |
| Wrist | Less Severe | £12,590 to £24,500 |
| Head | Moderate (iii) | £43,060 to £90,720 |
| Leg | Severe (iv) | £27,760 to £39,200 |
| Back | Moderate (i) | £27,760 to £38,780 |
| Pelvis | Moderate (i) | £26,590 to £39,170 |
| Neck | Moderate (i) | £24,990 to £38,490 |
| Elbow | Moderate or Minor | Up to £12,590 |
| Whiplash | One or more than one whiplash injury | £4,215 |
| Whiplash | One or more than one whiplash injury | £3,005 |
Examples Of Special Damages
You could also be awarded compensation for the financial losses you experienced as a result of your injuries under special damages. For example:
- Loss of earnings
- The cost of medical treatments
- Domestic care costs
- Travel expenses
Evidence, such as wage slips, receipts and invoices, can help prove these losses when you claim them back.
For more information on the compensation you could be awarded following a successful road traffic accident claim, get in touch on the number above.
Evidence You Can Gather If You’re Hit By An Uninsured Driver
After being hit by an uninsured driver who breached their duty of care and caused you harm, you should gather evidence to strengthen your case. For example:
- CCTV or dashcam footage of the accident
- A diary that details treatments you were given for your injuries and the impact they had on your life
- A copy of your medical records
- Photographs of the injuries you sustained
- Contact details for witnesses who are willing to provide a statement at a later date
One of the car accident claim solicitors from our panel could help you collect evidence to support your claim. To find out more about the services they offer and whether they could represent your claim, speak with an advisor by calling the number above.
Road Traffic Accident Claim Time Limits
The standard time limit set out in the Limitation Act 1980 for a personal injury claim is three years. This starts from the date of the accident.
However, if the injured person is under 18, the time limit will be paused. This can allow a suitable adult to apply to the courts to act as a litigation friend and start the claim on the child’s behalf. If no claim has been made for them before they turn 18, they will have three years to do so themselves from their 18th birthday.
Also, if the injured person has a reduced mental capacity to claim themselves, their is an indefinite suspension placed on the time limit. While it’s paused, an appointed litigation friend could start the claim on the injured person’s behalf. If the person recovers their mental capacity, they will have three years to start their own claim, provided one hasn’t already been made for them.
To learn more about the time limits and how long you have to seek road traffic accident compensation, get in touch on the number above.
Claim With No Win No Fee Road Traffic Accident Solicitors
If you have a valid grounds to begin a personal injury claim after being hit by an uninsured driver, you could choose to work with a solicitor from our panel who offers their services in a No Win No Fee capacity.
The solicitor might offer a Conditional Fee Agreement (CFA). This means that you can work together with no upfront or ongoing fees being needed for their services. If the claim fails, there is also no fee owed for work completed on your case.
If the claim is a success, a small deduction is made from the award. This is subject to a legislative cap which ensures that you keep the majority of your compensation.
If you would like to discuss eligibility and see if you could work with a No Win No Fee solicitor from our panel, speak with an advisor. They can also provide further guidance about making a claim through the MIB.
To get in touch, you can:
- Call on 0800 408 7827
- Contact us online
- Speak with an advisor via the live chat feature below
Additional Information On Claiming If You’re Hit By An Uninsured Driver
For more of our helpful guides:
- A guide on claiming compensation for a cycling accident.
- Learn how to sue for compensation as a passenger in a car accident.
- Find out about when you could sue a drunk driver.
As well as this, you may find the following resources helpful:
- Metrapolitan Police – Report a road traffic accident
- GOV – Compensation for victims of uninsured and hit and run drivers
- Think! – Advice for road users
Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim after being hit by an uninsured driver. If you have any questions, please get in touch with an advisor on the number above.
Article by WAT
Edited by MIT