Advice On Injury Claims Against Uninsured Drivers

By Stephen Kane. Last Updated 13th June 2023. Driving without insurance is illegal, yet an estimated one million drivers in the UK take this risk every year. Being hit by an uninsured driver can be a distressing experience, especially if you are injured in the accident. You may have lots of questions to be answered such as, “What happens if someone without insurance hits you?“ and “Can you claim against an uninsured driver?”. Fortunately making compensation claims after being hit by an uninsured driver is possible although the process can be more complicated, especially if the driver is not identified. This guide offers free advice to anyone who has had their car damaged and/or been injured in an accident with an uninsured driver and wishes to make injury claims against uninsured drivers.

Injury claims against uninsured drivers guide

Injury claims against uninsured drivers guide

If you have been involved in a road accident that was the fault of an uninsured driver, contact Advice.co.uk for free legal advice on how to claim after being hit by an uninsured driver. What’s more, if we can see that you have legitimate grounds to make an injury claim our panel of solicitors will start working on your compensation claim as soon as possible.

To begin your claim against an uninsured driver, call Advice.co.uk on 0161 696 9685 or fill out our online contact form to contact us in writing.

Select A Section

  1. What Is An Accident Involving An Uninsured Driver?
  2. What Happens If You Are Hit By An Uninsured Driver?
  3. Tips On Making A Claim Against An Uninsured Driver
  4. Whiplash Claims Against Uninsured Drivers
  5. Calculating Injury Claims Against Uninsured Drivers
  6. What Other Ways Could I Be Compensated?
  7. What Happens To Your Own Insurance Policy?
  8. No Win No Fee Injury Claims Against Uninsured Drivers
  9. Related Claims

What Is An Accident Involving An Uninsured Driver?

Normally if a road traffic accident takes place that involves two or more vehicles, the driver who is at fault is liable for any vehicle damage or injuries caused. Those who have been affected by the road traffic accident can make a road traffic accident claim for any injuries sustained and damages to their vehicle. The compensation claim will be paid out through the driver at fault’s vehicle insurance such as car insurance or van insurance.

An accident involving an uninsured driver is a road traffic accident where a driver that does not have vehicle insurance is at fault. These can include “hit and run” accidents where the driver hits another vehicle or a person, then speeds away from the scene rather than stopping their vehicle. If these drivers are not caught, they are often referred to as untraced drivers or unidentified drivers.

If you are involved in a road traffic accident and the other driver refuses to give you their insurance policy details or contact details this may indicate that the driver does not have insurance. Take a note of the car number plate and call the police. Similarly, if you are hit by a hit and run driver, call the police.

For guidance on claiming for a car or motorcycle accident without insurance, you can contact our advisors.

What Happens If You Are Hit By An Uninsured Driver?

If you are involved in any type of road traffic accident we recommend you do the following:

  • Stop your vehicle as soon as it is safe to do so. It is an offence to drive away from the scene of an accident that you are involved in which has caused damage to others.
  • Switch off your engine.
  • Turn on your hazard lights.
  • Check that neither you nor any of your fellow passengers are injured. If anyone from your vehicle or another vehicle is seriously injured dial 999.
  • If it is possible to get everyone out of your car and to a safe place, including pets. Do not try to move someone whose injuries prevent it (for example a passenger with a spinal injury).
  • Dial 999 to call the police if you believe that another driver caused the accident intentionally (for example a crash for cash scam), the road is blocked or you believe that the other driver is under the influence of alcohol or illegal drugs.
  • Exchange details with the other drivers involved in the car accident. This includes names, contact details, vehicle registration numbers and insurance details.

If the other driver refuses to give you details of their insurance provider or acts in a suspicious manner, this may be a sign that they are uninsured. You may wish to report this to the police.

We strongly recommend that you do not admit fault at the scene of the accident. Don’t say “That was my fault” or “I’m sorry” as this could be taken as a verbal admission of guilt. Doing so could mean you forfeit the right to claim compensation. For similar reasons, we also recommend that you don’t sign anything given to you by another driver, their solicitor or insurer following a car accident without first calling Advice.co.uk for free legal advice or consulting a lawyer.

Tips On Making A Claim Against An Uninsured Driver

If you sustained an injury after being hit by an uninsured driver, you may be wondering more about the claims process. As mentioned, a claim against an uninsured driver would be made through the Motor Insurers’ Bureau (MIB). You would also claim through the MIB when the driver is untraceable, such as after a hit and run accident.

In order to successfully claim through the MIB, you will need to provide evidence. This could include:

  • Medical reports
  • CCTV or dashcam footage (if available)
  • Pictures of the accident site or your injury

When completing the online claims form, you will be asked for any supporting documentation. The more evidence you provide, the less time it will likely take the MIB to assess and process your claim.

A solicitor specialising in car accident claims could file your MIB claim. Once a claim is settled, it cannot be reopened, even if further damages become apparent, such as a worsening injury. A solicitor could help ensure you are claiming for the full value of your claim against an uninsured driver.

Our car accident claims team offer free legal advice for MIB claims.

Whiplash Claims Against Uninsured Drivers

Whiplash injuries are very common when it some to road traffic accidents. This is because rear-ended collisions are a common cause of whiplash related injuries. What is whiplash? Whiplash is a soft tissue injury that occurs when the head is forced beyond its normal range of motion overstretching the muscles, tendons and ligaments in the neck causing them to become strained and strained.

Symptoms of whiplash include the following:

  • A stiff neck
  • Neck pain
  • Difficulty moving your head
  • Spasms and pain in the arms and shoulders.

Fortunately, whiplash usually heals on its own after 2-3 months. In some cases, the patient may need physiotherapy to recover. If you have experienced a whiplash injury in a road traffic accident, we recommend you visit a doctor for a diagnosis. This means that the injury will be recorded in your medical records so there will be evidence to support your claim.

Claims Under The Whiplash Reform Programme

Starting from 31st May 2021, the process of how certain low-valued road traffic accident claims are made in England and Wales was changed due to the introduction of the Whiplash Reform Programme.

It now means that your claim will have to be made via a different avenue if you were a driver or passenger of a vehicle over the age of 18 who suffered injuries valued at £5,000 or less. This covers whiplash and minor soft-tissue injuries.

If this applies to you, then your whiplash injury will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are set amounts. If you’re claiming for additional injuries that aren’t covered by this tariff, they will be valued traditionally. However, these tariffs might also apply to claims that don’t need to be made via the new method.

For more advice on how to be compensated for a whiplash injury when making a claim against an uninsured driver, contact our advisors today either online or on the phone.

Calculating Injury Claims Against Uninsured Drivers

The compensation amounts listed in the table are based on guidelines by the Judicial College. The JCG is a publication that is often referred to when legal professionals are adding values to claimants injuries. It is often used in personal injury claims. The table includes general damages but excludes special damages and compensation to pay for any repairs that are needed for your vehicle.

Edit
Type And Degree Of Injury Settlement Comments
Neck injury – Severe (i) In the region of
£148,330
May be associated with a degree of paraplegia and where there will be little to no neck movement.
Neck injury – Severe (ii) £65,740 to
£130,930
Serious fractures or other damage to the cervical spinal discs causing disability.
Neck injury – Severe (iii) £45,470 to
£55,990
An injury causing a severe dislocation or a fracture.
Neck injury – Moderate (i) £24,990 to
£38,490
A moderate form of dislocation, break or fracture.
Neck injury – Moderate (ii) £13,740 to
£24,990
Wrenching type and other soft tissue injuries.
Neck injury – Moderate (iii) £7,890 to
£13,740
An injury which has exacerbated a pre-existing condition in the neck, shoulder or upper back.
Severe leg injuries – very serious (ii) £54,830 to £87,890 Movement limitations, arthritis or serious deformity from multiple fractures that have taken years to heal.
Less severe brain damage £15,320 to £43,060 The claimant could have made a good recovery towards normal life.
Other arm injuries – Less Severe £19,200 to £39,170 Recovery from significant disabilities has occurred or is expected.
Psychological Harm – Moderate £5,860 to £19,070 Problems have occurred with the claimant’s ability to cope with life and in relationships. However, improvements have been made and the prognosis is good.
Whiplash With Psychological Injuries £4,345 Whiplash injury with psychological effects lasting 18-24 months.
Whiplash £4,215 Whiplash injury lasting 18-24 months.

Of course, every compensation claim is different so please call Advice.co.uk and one of our trained advisors will be able to calculate how much compensation you could be owed accurately.

What Other Ways Could I Be Compensated?

If your personal injury claim against an uninsured driver is successful, you may be awarded general damages which will compensate you for physical pain and harmful effects of your injuries on you. In addition to this, for successful personal injury claims, you could also be awarded special damages. Special damages compensate for the financial losses incurred because of your injury.

Special damages can include the following:

  • Travel expenses, including the cost of seeking alternative transportation if the accident took your vehicle off the road.
  • Medical expenses.
  • Care expenses.
  • Reimbursement for loss of income.

In the unfortunate event that you are made disabled by your injuries, you may be eligible to claim the following expenses:

  • Home adaptation expenses.
  • Car adaptation expenses.
  • Mobility equipment and independent living expenses.

What Happens To Your Own Insurance Policy?

What happens if you are hit by an uninsured driver and you need to make an immediate compensation claim? Can you make an uninsured drivers compensation claim through your own insurance policy? If you have fully comprehensive car insurance you can claim compensation to repair your vehicle. Unfortunately, you will have to pay an excess and your no claims bonus will be affected, increasing the insurance premiums you will have to pay.

To many drivers, this may seem deeply frustrating as they did not cause the accident and had their vehicle insured but have to pay for another’s mistake. Some policies will protect the no claims bonus, waive the excess fee or both, if the customer has been hit by an uninsured or untraced driver we recommend you check your car insurance policy to see if you are entitled to this benefit.

No Win No Fee Injury Claims Against Uninsured Drivers

When funding a solicitor you could opt to use a No Win No Fee agreement. What does this mean? Instead of paying an upfront or by the hour legal fee, the solicitor requires you to sign a Conditional Fee Agreement. This means that they will not charge you upfront or hourly legal fee. Instead, they will charge you a success fee if they win your claim. If they do not win your compensation claim, they will not charge you a success fee.

What are the benefits of funding your solicitor using a No Win No Fee agreement?

  1. You only have to pay your solicitor’s legal fee if you win your compensation claim, which reduces the financial risk involved with claiming.
  2. If you win your claim, your legal fee will be deducted at a capped rate from your compensation payout. This keeps the costs proportional to how much compensation you are paid.

To begin your uninsured driver claim for compensation contact Advice.co.uk today. To begin your claim, contact us using the details below:

Related Claims

We hope you have found this guide on what to do when hit by an uninsured driver helpful. If you wish to learn more about claiming compensation for a motor vehicle accident you may wish to read these online guides.