Advice On Injury Claims Against Uninsured Drivers

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.

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A Guide To Injury Claims Against Uninsured Drivers

In the United Kingdom, it is an offence to drive a motor vehicle without vehicle insurance. If a driver is caught driving without vehicle insurance, or driving a vehicle that they are not insured to drive the police can deduct 6 points from their license and give them a fixed penalty fine of £300. The police also have the right to seize vehicles. If the case is taken to court the driver can receive an unlimited fine and be disqualified from driving. The minimum type of insurance coverage that drivers are supposed to have is 3rd party insurance which means that the driver is covered if they cause an accident in which a vehicle or property is damaged or another person or an animal is injured. Many people opt for fully comprehensive car insurance which also covers the cost of accidental damage to the driver’s vehicle if it is damaged in an accident.

Sadly it is predicted that there are 1 million uninsured drivers on the roads of the United Kingdom. Uninsured driving is also associated with other types of criminal activity. According to the Motor Insurers Bureau (MIB) 26,000 people are injured by uninsured drivers, or “hit and run” drivers on the roads each year. This is nearly one-fifth of all road traffic accidents.

What happens if you get hit by an uninsured driver? Fortunately, it is possible to make a compensation claim for injuries suffered by making a claim to the Motor Insurers’ Bureau. We will also look at how your own insurance policy will be affected if you make an uninsured driver compensation claim.

To begin your uninsured driver personal injury claim, call Advice.co.uk today for your free consultation. If we can see that you are eligible to claim compensation our panel of No Win No Fee solicitors will start working on your car accident claim right away. Alternatively, fill out our online car accident claims form to contact us today to begin your compensation.

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.

Type And Degree Of InjurySettlementComments
Neck injury - Severe (i)In the region of £139,210May be associated with a degree of paraplegia and where there will be little to no neck movement.
Neck injury - Severe (ii)£61,710 to £122,860Serious fractures or other damage to the cervical spinal discs causing disability.
Neck injury - Severe (iii)£42,680 to £52,540An injury causing a severe dislocation or a fracture.
Neck injury - Moderate (i)£23,460 to £36,120A moderate form of dislocation, break or fracture.
Neck injury - Moderate (ii)£12,900 to £23,460Wrenching type and other soft tissue injuries.
Neck injury - Moderate (iii)£7,410 to £12,900An injury which has exacerbated a pre-existing condition in the neck, shoulder or upper back.
Less severe brain damage£14,380 to £40,410The claimant could have made a good recovery towards normal life.

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 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.

What Happens If You Are Hit By An Uninsured Driver?

What happens if you are hit by an uninsured driver? Many people who are hit by an uninsured motorist worry that they will not be able to make a personal injury compensation claim against an uninsured driver because there is no insurance policy to cover the cost of the compensation payout.

What happens if someone without insurance hits you? People worry that they may have to make a claim against their own insurance policy. This means that their insurance premiums and no claims bonus will be affected, which can be deeply frustrating for the claimant if they have to take a financial hit for an accident that they did not cause. Some motor vehicle insurance providers will protect your no claims bonus and/or waive your excess fee in these circumstances. Check your policy to see if you benefit from this.

Fortunately, it is still possible to make an injury claim from an uninsured driver. The Motor Insurers Bureau can settle the cost of your claim and will claim the compensation back from the driver who was at fault in multiple payments over a period of time. We will explain more about claiming compensation through the Motor Insurers Bureau later in this guide.

What Should I Do If I Am Involved In A Road Traffic Accident?

If you are involved in a car accident we recommend that you try to stay calm. Road traffic accidents are terrifying and stressful events for all involved but keeping your emotions under control will help you to take charge of the situation and stop tensions from mounting.

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.

Motor Insurers’ Bureau Injury Claims

Fortunately claiming for a personal injury is possible through the Motor Insurers Bureau (MIB). What is the Motor Insurers Bureau? They are an organisation that was set up to pay compensation payouts to people who were hit by an uninsured driver in the UK. When claims against uninsured drivers are made, the Motor Insurers Bureau will cover the cost of the compensation payout. Uninsured driver personal injury claims and claims for damages to the vehicle can be made through the MIB.

How is the Motor Insurer’s Bureau funded? Any business that underwrites motor vehicle insurance in the UK has to be a member of the Motor Insurer’s Bureau and contribute to funding the compensation it pays out to claimants.

To make an uninsured drivers compensation claim you may be asked to provide evidence to prove that you were not at fault and the accident was the cause of your injuries. Our panel of solicitors will be able to present evidence to support your compensation claim and will negotiate with the MIB on your behalf to win you the maximum compensation amount you could be entitled to.

What Happens If You Get Hit By An Uninsured Driver?

Let’s look at what to do if you get hit by an uninsured driver. If you are hit by an uninsured motor vehicle you should have reported the accident to the police if you wish to make a personal injury claim. If you wish to claim damages to your vehicle or property you should report the accident to the police. When making an injury claim against an uninsured driver, a personal injury claims time limit of three years applies. The MIB will pay you your compensation package then the MIB will recover the funds from the uninsured driver over time.

What Happens If You Get Hit By An Untraced Driver?

An untraced driver is a hit and run driver that is not identified and brought to justice. You can still claim compensation from the Motor Insurance Bureau for a personal injury and damage to your vehicle caused by a hit and run driver. If you wish to make a compensation claim for a hit and run accident you should report your accident to the police and begin your claim. If you claim compensation for damage to your vehicle by an untraced driver from your own policy you may have to pay the excess.

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.

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 anothers 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.

FAQ – Injury Claims Against Uninsured Drivers

Let’s answer some frequently asked questions about what happens if someone without insurance hits you.

What is an untraced driver?

An untraced driver is referred to as a hit and run driver. They are a driver that causes an accident then drives away from the accident instead of stopping. Hit and runs are illegal.

How long does the MIB take to payout?

The time varies as some cases are straightforward while others are rather complex.

What percentage of drivers are uninsured?

It is estimated that 1 million drivers in the UK are not insured. This is approximately 4% of all UK motorists.

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.

Contact Us

We hope you have found this guide on how to claim against an uninsured driver helpful. To begin your compensation claim contact us today. Our panel of personal injury solicitors can gather evidence to support your claim and negotiate with the Motor Insurer’s Bureau to win you the maximum amount of compensation you could be owed.

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.

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