By Stephen Kane. Last Updated 17th May 2023. If you’ve been in a road traffic accident, and the accident was caused by someone else, you may already know that in many cases, you could claim compensation. But what happens if the person at fault is an uninsured driver? We have created this informative guide to answer the question of ‘An uninsured driver hit me – could I claim?’. In the below sections, we explain the reasons you might be able to make a personal injury claim even if the at-fault party doesn’t have insurance. We also explain what the Motor Insurers’ Bureau (MIB) could do about uninsured driver claims. In addition to all this, we show you how lawyers could calculate compensation payouts, what affects compensation amounts and what evidence you might need to claim.
Here at Advice.co.uk, we recognise that you may be looking for free legal advice if you’ve been injured by someone driving without insurance. We could offer such advice to you over the phone. In addition to this, we could connect you with a personal injury lawyer to assist with you case. To get in touch, simply call 0161 696 9685.
Select A Section
- Compensation Payouts If Hit By An Uninsured Driver
- Types Of Damages Awarded To Road Traffic Accident Victims
- What Is A Road Accident Involving An Uninsured Driver?
- What Steps Could You Take If Hit By An Uninsured Driver?
- Evidence Which Could Support Your Case
- Road Traffic Accident Claims With A No Win No Fee Solicitor
There has been a massive reform for the way drivers and passengers of vehicles can pursue a personal injury claim after a road traffic accident. They can use an online portal to log their case and take steps to pursue their own case for compensation. A solicitor of course can still help with this if you prefer. However, the figures we have included in our table are no longer valid for such claims under £5000 plus special financial losses.
If you’re making a personal injury claim for a road traffic accident not as a driver or passenger and you’ve suffered injuries in, you might wonder how much such compensation payouts could be. The way in which solicitors and courts calculate compensation amounts might be different than you’d expect. They would not use a personal injury claims calculator to do so. Instead, they would assess the evidence, the facts and the circumstances of your case. You would need to obtain a medical report to prove your injuries as part of your claim by attending an appointment with an independent medic. They would examine you and ask questions about your injuries, before providing an independent medical report. Courts and lawyers could use the report in conjunction with the Judicial College Guidelines to arrive at an appropriate level of compensation.
The table below includes some figures from the 2022 edition of the Judicial College Guidelines. It could give you some insight into compensation amounts for specific injuries. If we have not included your injuries below, please don’t hesitate to call us. We could give you further insight into compensation payouts for other injuries over the phone.
|Type of injury||Compensation Bracket (Approximate)||Notes|
|Moderate neck injury (i)||£24,990 to|
|Dislocations and fractures that would immediately cause severe symptoms. Injured parties may need spinal fusion. Other injuries to the soft tissues that have significant effects on the back and neck combined could also be included here.|
|Moderate back injury (ii)||£12,510 to £27,760||Disturbed ligaments that cause backache and other frequently encountered back injuries could lead to awards in this bracket. The exact figure would be determined by assessing the injury severity, the pain that the person experienced and the impact the injury had on the person’s ability to function.|
|Moderate shoulder injury (c)||£7,890 to £12,770||Examples could include frozen shoulders which limit movement for a period of around 2 years. Or, soft tissue injuries that cause symptoms that are more than minimal after 2 years. However, such injuries would not be permanent.|
|Clavicle fracture||£5,150 to £12,240||The award level could depend on how disabling the fracture was and whether there are any residual symptoms.|
|Moderate pelvis or hip injuries (i)||£26,590 to £39,170||Where the injuries are significant but there would not be any major disability. Future risk of damage would not be great.|
|Fractures to the forearm||£6,610 to £19,200||Simple|
|Wrist injuries (b)||£24,500 to £39,170||Injuries would result in permanent significant disability, but some useful movement could remain.|
|Moderate leg injuries (iv)||£27,760 to £39,200||Severe crushing injuries to one limb or multiple fractures could lead to awards in this bracket. The award would be determined based on the treatment undertaken, the risk of the claimant needing more surgery, and the effect on the claimant’s life.|
|Whiplash Tariff||£4,345||The claimant has experienced a whiplash injury along with a minor psychological injury that has symptoms lasting between 18-24 months.|
|Whiplash Tariff||£4,215||The claimant experienced a whiplash injury with symptoms lasting 18-24 months.|
On 31st May 2021, the Whiplash Reform Programme came into force. It relates to those who suffer what are considered low value injuries (including whiplash) in road traffic accidents. Personal injury claims with a value £1,000 – £5,000 (not inclusive of special damages) would now need to be made via a government portal. There is also now a ban on settling claims with no medical evidence of injury. While a personal injury solicitor could help with such claims, there would be no way for legal costs to be recoverable from the liable party. The tariff for such injuries has been set by the government and differs from the Judicial College Guidelines that could be used for other personal injury claims. The tariff amounts relate to the length of time the injured party has suffered.
If you weren’t already aware, compensation payouts could be made for different types of damages. These include:
Special damage refers to the pecuniary expenses that the victim incurs due to the accident and their injuries. There are many different types of special damages, including:
If your injuries require you to recuperate at home, and you cannot work, you could lose some of your income. If you do, you could claim these losses as special damages. Loss of earnings damages could include bonuses and overtime in some cases. If you aren’t able to return to work in the future, your personal injury solicitor could fight for a future loss of earnings award.
Some injuries mean that you are unable to look after yourself, either long-term or short-term. If you need care at home, you could include care costs within your claim.
Much of our medical care is free at the point of access through the NHS. However, if you incur medical costs, you could claim these as special damages.
Even costs you incur travelling to the doctor’s or to meet with your solicitor could be included within your claim.
General damages are designed to compensate victims of personal injury for the suffering, loss of amenity and pain of their injuries. The previous section discusses how courts and lawyers calculate compensation of this type.
Before we look at answering the question of ‘An uninsured driver hit me – what do I do?’, let’s look at what constitutes an uninsured driver road accident. Simply put, this could be any car accident, bike accident, pedestrian accident, or an accident involving a motorcyclist, cyclist or another road user with someone who did not have insurance. Every motorist has a legal responsibility to insure their vehicle. If you are involved in a car crash or other road traffic accident and the other driver who caused the accident didn’t have insurance, this could make claiming compensation more complex. However, in many cases, you could still make a claim. But who could pay for your claim?
In normal cases, where an at-fault driver has insurance, you would be able to claim against their insurance provider. In cases where you were hit by an uninsured driver, you could approach the Motor Insurers’ Bureau (MIB) for compensation. A personal injury lawyer could help you with this.
How Long Do I Have To Claim If I Was Hit By An Uninsured Driver?
If you have grounds to claim compensation after an uninsured driver hit you, you will usually have three years to start your claim, as set out in the Limitation Act 1980. The time limit starts from the date of the incident.
Under certain circumstances, there can be different rules for the time limit. If, for instance, a child has been injured by an uninsured driver, then the time limit is suspended for them. The time limit won’t activate until the day of the injured party’s 18th birthday. Before that day, a claim could potentially be started on the child’s behalf by a court-appointed litigation friend.
If someone injured by an uninsured driver lacks the mental capacity to start their own claim, then the time limit is indefinitely suspended. It will only activate for the injured party if they later regain enough mental capacity to start a claim. The day of recovery is when the three-year limit will commence. A litigation friend may be able to start a claim for another party that lacks the mental capacity to make a claim themselves.
If you find yourself in a situation where you have been hit by an uninsured driver in the UK, you may wonder what steps you should take. This can depend on the accident.
Generally, though, you should ensure you seek any necessary medical attention. After treatment, you can collect any evidence that could support you in starting a personal injury claim. For example:
- CCTV footage
- Pictures of the accident scene and your injuries
- Police report, if applicable
As mentioned, you could claim through the Motor Insurers’ Bureau (MIB) if you have been involved in an accident with an uninsured driver.
Please speak to one of our advisers for information about the process of seeking compensation after an uninsured driver hit you.
What To Do After A Car Accident – General Information
If you’re involved in an accident, no matter whose fault it is, and someone is injured, you should stop your vehicle. You should also stop if the accident damages property. You should also:
- Seek medical attention for those who require it
- Call the police urgently if there is an obstruction
- Swap details with the driver
- Report the incident to your own insurer
What To Do After A Car Accident – An Uninsured Driver Hit Me
You should take all the steps above. However, you should also inform the police if you were hit by an uninsured driver. If the driver refuses to give details at the scene, or flees the scene ( a hit and run), the police could investigate this. In addition to this, you could start a claim through the Motor Insurers’ Bureau for compensation. A personal injury solicitor could assist with this. If you’d like free legal advice on how to get started, please contact us. We could put you in contact with a No Win No Fee personal injury solicitor that could help you.
What Happens If You Can’t Trace The Other Driver?
Untraceable drivers are another problem for some motorists. As we mentioned earlier in this guide, if you’re in a car crash, and it results in injury or property damage, you should stop. However, some drivers do not stop. And, in other cases, they could give false details so that you cannot trace them after the accident. If this happens to you, you may be worried that you wouldn’t be able to claim compensation for your injuries. However, you could still be eligible for compensation through the Motor Insurers’ Bureau. You would still need to report the accident to the police and your own insurance, however.
You would need to provide the MIB with evidence of the accident and your injuries. We mentioned earlier in this guide that you would need to obtain an independent medical report to prove whiplash or other injuries. Other evidence that could be useful could include:
- Photographs of the scene
- Pictures of your injuries
- A police report
- Witness details
- A diary of how your injuries affected you
- Your own recollection of the accident
- Proof of expenses you’ve incurred
If you were to call us and say ‘An uninsured driver hit me – do I need a lawyer?’, you might be surprised to learn that you don’t necessarily have to have a personal injury lawyer to help you. However, many people prefer to have a lawyer on their side. Not only could this maximise their chances of success, but it could also lead to less work for the claimant. And, what’s more, you could make a claim against an uninsured driver under No Win No Fee terms. What this means is that there would be no legal fees to pay before your claim was finalised.
An Uninsured Driver Hit Me – How Would My No Win No Fee Claim Work?
The process generally works as follows:
- The personal injury solicitor would ask you to sign a Conditional Fee Agreement. In this document, there would be details of the fee (success fee) you’d pay once your compensation came through. The fee is generally a small percentage of your total settlement, and is legally capped.
- When you’ve signed and returned the form, your solicitor would start building your case for the MIB to look at.
- Once compensation comes through, your solicitor takes the success fee from it. The balance would then be for your benefit.
We have produced a guide to No Win No Fee car accident claims that could give you further guidance on this. If you’d like us to connect you with a lawyer that works under these terms, we’d be happy to help.
Talk To Our Team
If you still have questions about making a claim against an uninsured driver, we’re here to help. To obtain free legal advice or talk to us about your claim, simply:
We look forward to helping you in any way we can.
Vehicle Insurance – Find out here what the government say about vehicle insurance requirements.
Operation Tutelage – This operation is a national policing drive to reduce uninsured driving.
How The MIB Help The Police – You can find out how the MIB work with the police here.
Compensation For Excess Fees – You can find out how to claim compensation for insurance excess fees here.
Minimum Whiplash Payout – This guide explains the minimum whiplash payout.
Time Limits For Car Accident Claims – Find out how long you could have to claim here.