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Road traffic accident claims often require an insurance company to pay compensation on behalf of a driver. However, there is an average of 300,000 uninsured vehicles on the road in the UK every day. So, what happens when you are hit by a driver who does not have insurance? In the UK, all providers of driving insurance pay into a scheme provided by the Motor Insurance Bureau (MIB), which is an organisation that allows those involved in road traffic accidents with fault drivers.
We are often asked if claiming against an uninsured driver is possible. Although there is an option to do this, very often claims are made via the MIB.
Read our guide to find out the eligibility criteria for making a compensation claim against an uninsured driver through the MIB. You can also find out the different factors that legal professionals consider when calculating compensation values. Additionally, we outline how long you have to get your case started and the evidence that you will need to bolster your personal injury claim.
Finally, a solicitor from Advice could represent you through a No Win No Fee agreement, which is a great way to proceed without upfront or hidden solicitor fees. Our solicitors have decades of combined experience in car accident claims, so why not speak with our advisory team today to find out if they could help you?
- Call our phoneline on 0161 509 2856
- Submit an online contact form
- Use the live chat window on this page
Jump To A Section
- Can I Claim If I Was Hit By An Uninsured Driver?
- What Compensation Can I Get For Claiming Against An Uninsured Driver?
- Is There A Time Limit For Uninsured Driver Claims?
- How Can I Start A Claim Against An Uninsured Driver?
- Can I Still Use A No Win No Fee Solicitor To Claim Through The MIB?
- Learn More
Can I Claim If I Was Hit By An Uninsured Driver?
All road users owe each other a duty of care, whether they are a pedestrian, driver, motorcyclist or cyclist. This means that they need to follow the laws and guidance that aim to protect the well-being of other people using the road.
All need to follow the Road Traffic Act 1988 and the Highway Code. For example, you must have vehicle insurance. But how do you make a claim when the fault vehicle that has caused the accident does not have any insurance? As stated previously, when the driver at fault is uninsured, a claim can be made via the MIB.
Who Are The Motor Insurers’ Bureau (MIB)
The Motor Insurers’ Bureau (MIB) pay compensation to victims of uninsured and untraced drivers. Typically, when you are injured by negligent driving, the insurance company will pay your compensation on behalf of the driver. When this is not an option, claiming through the MIB is an excellent way to ensure that you can still make a road traffic accident claim. Insurance companies make financial contributions to the MIB so that it can fulfil this role.
You could claim if you can prove that:
- A driver owed you a duty of care
- They failed to use this road in line with their duty
- This caused you to suffer from an injury
Examples of when you could start claiming against an uninsured driver include:
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- While walking on a path, a drunk uninsured driver loses control of their vehicle and hits you. This causes you to suffer from a spinal cord injury.
- An uninsured driver crashes into the back of your car at a red light. They were not paying attention to the road, which meant they did not stop in time. You hit your head on the steering wheel and suffer a minor brain injury and severe anxiety.
- While crossing the road, a driver pulls out at a junction without checking to make sure the road is clear. They knock you over, causing you to fracture your fibula. When you ask for the driver’s insurance details, they are unable to provide them.
If you have any questions about claiming against an uninsured driver, our advisors can offer you straightforward answers at no charge. You may not be sure whether you have a valid claim, and may benefit from our initial consultation service.
What Compensation Can I Get For Claiming Against An Uninsured Driver?
Your compensation will cover the different ways in which your injuries have affected your life. Legal professionals may read the Judicial College Guidelines (JCG) when assessing part of your compensation total. These are compensation guideline brackets that are matched with different severities and types of injuries.
We have included some of the JCG figures in our list below. Please consider that there is no guarantee of the compensation that you could be entitled to receive. These brackets are only provided as a guideline and will not reflect the specifics of the harm you have experienced.
All road traffic accident claims are assessed on an individual basis. This is why our advisors offer a tailored case assessment service. If you get in touch, they can discuss the particulars of your case and explain what factors your potential compensation payout would cover.
The first figure in the list below was not taken from the JCG.
- Multiple injuries with the associated financial implications, such as a loss of income, could entitle you to up to £1,000,000+
- The amputation of both arms is paired with £293,850 to £366,100
- If an injury results in the total loss of natural bowel functioning and requires a colostomy, the compensation guideline is up to £183,190
- If you suffer a severe (i) neck injury, this could involve incomplete paralysis with extremely limited or no movement of the neck. The compensation guideline for such cases is in the region of £181,020
- The amputation of one leg above the knee is matched with a compensation bracket between £127,930 and £167,760
- For a severe (i) back injury, involving harm to the nerve roots and spinal cord, the compensation bracket is between £111,150 and £196,450
- A severely disabling elbow injury has a compensation bracket between £47,810 and £66,920
- For the loss of one kidney, the compensation bracket is between £37,550 and £54,760
- If your accident caused you to have serious and permanent disability of the wrist, the bracket is between £29,900 to £47,810
- A serious shoulder injury has a compensation bracket between £15,580 and £23,430. This may apply if you have dislocated your shoulder.
It is also important to note that the Whiplash Reform Programme will apply if you wish to claim compensation in relation to whiplash injuries. The Whiplash Injury Regulations 2021 establish set tariffs in relation to the severity of whiplash injuries. We have included some of these set figures below:
- For one or more whiplash injuries and psychological harm lasting between 18 and 14 months, the tariff is £4,345.
- For one or more whiplash injuries lasting between 18 and 14 months, the tariff is £4,215
- For one or more whiplash injuries and psychological harm lasting between 15 and 18 months, the tariff is £3,700
- For one or more whiplash injuries lasting between 15 and 18 months, the tariff is £3,005
How Is The Compensation Amount Determined
The JCG figures that were discussed in the previous section lend guidance to legal professionals when assessing the general damages for your claim. This part of the compensation covers the pain and suffering that you have experienced due to injury. This may apply to physical and psychological impact. If the suffering of your injuries is likely to persist into the future, this will also be accounted for in the value of your compensation.
Additionally, you may be eligible for special damages when claiming against an uninsured driver. This legal term refers to the financial costs that can be recovered through compensation. Examples of what special damages may cover include:
- Lost income due to time taken off work to recover
- The cost of home adjustments- for example, you may require a stairlift if you are unable to use stairs
- Medical expenses- this may apply to specialist treatment or prescription costs
- Payment for travelling to and from medical appointments
- The cost of professional care
General damages will always be awarded in successful claims of this nature. However, you will need to supply receipts or bank statements in order to claim special damages.
If you have any questions about the different factors that may impact your potential compensation, you are welcome to speak with our team of advisors. They will explain the calculation of compensation in further detail, and a payout could help you cope with the financial implications of your injuries.
Is There A Time Limit For Uninsured Driver Claims?
There is a time limit for claiming against an uninsured driver. In general, you will have 3 years to start the personal injury claim, starting from the date of the incident. This is established by the Limitation Act 1980.
However, there may be exceptions to the limitation period if the injured person is:
- Below the age of 18
- Lacking in mental capacity
Since a person cannot make the decisions required of a claim under these circumstances, the time limit can be frozen. Once they either recover their mental capacity or turn 18, the 3-year time period to claim can begin.
There may also be an option for a loved one or family member to represent the affected person while they are unable to do so themselves. In the legal field, this role is referred to as a litigation friend. If you choose to work with a solicitor from Advice, they could help you to apply to act as a litigation friend.
Speak with our advisors today to confirm how the legal time limit applies to your case. They can also explain the requirements of a litigation friend for you.
How Can I Start A Claim Against An Uninsured Driver?
Get a head start on your claim by gathering your evidence. You will need to prove your injuries and how the actions of the uninsured driver caused them. You can do this by supplying:
- The details of the uninsured driver who hit you, including their name, registration number and address
- A copy of your medical records
- The contact information of people who witnessed the road traffic incident (they could later give a witness statement in support of your case)
- A copy of the police report relating to your accident (if applicable)
- Bank statements and payslips showing a loss of income
- Photos of your injuries or the accident scene
- Videos of the accident- this could include dash cam or CCTV footage
Reach out to our advisory team in order to discuss what evidence would be appropriate for your road traffic accident claim.
Can I Still Use A No Win No Fee Solicitor To Claim Through The MIB?
A solicitor from Advice can help you to claim through the MIB if you are eligible. They can offer their No Win No Fee services through a Conditional Fee Agreement (CFA). This is a contract that allows you to hire a solicitor without having to pay for their work:
- Before the beginning of your claim against an uninsured driver
- While the case is ongoing
- In the event that you do not receive compensation
However, you have a great chance of gaining compensation if you work with one of our solicitors. In this instance, you will be required to pay a success fee. This is a legally capped percentage of the compensation total that you pay to your solicitor. The cap ensures that you keep the largest share of the money yourself.
In addition to an incredible No Win No Fee contract, our solicitors could help you with claiming against an uninsured driver by:
- Assisting you with the collection of evidence (this can include taking witness statements if necessary)
- Handling communication with the defending party and the court on your behalf- this ensures that all correspondence is professional and includes the right information.
- Regularly updating you on the state of the case and talking you through the decisions that you need to make.
- Negotiating the settlement of compensation to factor in the suffering and financial costs that you have experienced
Contact Our Advisors
Speak with our team of advisors to find out whether you could start claiming against an uninsured driver. They offer all advice free of charge, so you don’t need to worry about the cost of enquiring. They can give you the further information you need about the process of claiming and could potentially connect you with a solicitor here at Advice. Your case could benefit from expert legal guidance on a No Win No Fee basis, so get in touch today:
- Call our phoneline on 0161 509 2856
- Submit an online contact form
- Use the live chat window on this page
Learn More
Read our other road traffic accident claim guides below:
- Find out what to do if you are injured in a car accident
- Visit our guide on claiming compensation for a multi-car pile-up
- Learn about the evidence required for a cycling accident claim
External resources:
- Read the road safety statistics provided by the Department for Transport (DFT)
- Follow the government’s advice on claiming Statutory Sick Pay (SSP)
- Read the government’s information on vehicle insurance
Thank you for reading our guide on claiming against an uninsured driver.
