Vehicle Accident And Injury Claims Against Uninsured Drivers
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
- A Guide On What Should I Do If An Uninsured Driver Hit Me
- Compensation Calculator If Hit By An Uninsured Driver
- Types Of Damages Awarded To Road Traffic Accident Victims
- What Is A Road Accident Involving An Uninsured Driver?
- How Do I Check If The Other Party Is Insured?
- What Steps Could You Take If Hit By An Uninsured Driver?
- Evidence Which Could Support Your Case
- Will Your Insurance Policy Be Affected?
- What Happens If You Can’t Trace The Other Driver?
- How Could The Motor Insurers’ Bureau Help?
- Can I Make A No Win No Fee Claim If An Uninsured Driver Hit Me?
- Talk To Our Team
- More Information
- UK Road Safety Statistics
- FAQs On Accidents Involving Uninsured Drivers
‘An uninsured driver hit me – what do I do?’ could be considered a surprisingly common question. Despite the fact that all drivers should have motor vehicle insurance that covers the cost of claims made against them, many do not. According to the Motor Insurers’ Bureau, in 2018, police seized 132,804 uninsured vehicles that year alone. The MIB also reported 26,000 personal injuries from incidents with untraceable or uninsured drivers in 2018. So if you’ve been injured in an accident caused by someone who was driving without insurance, you’re not alone. We have created this guide to answer common questions you might ask if you’ve been injured in a car accident with a driver that didn’t have valid insurance.
In the sections below, we’ll describe how lawyers and the courts arrive at compensation amounts for personal injury claims. We look at the role of the Motor Insurance Bureau, and how they could compensate some claimants. In addition to this, we look at the effects of claiming compensation on your own insurance policy, and how to get help from a No Win No Fee personal injury solicitor. We hope you find the advice here useful. If you have any questions about this guide, or you’d like free legal advice on your own case, please call our team. We’d be happy to help.
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.
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 2019 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)||£23,460 to £36,120||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)||£11,730 to £26,050||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 ©||£7,410 to £11,980||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||£4,830 to £11,490||The award level could depend on how disabling the fracture was and whether there are any residual symptoms.|
|Moderate pelvis or hip injuries (i)||£24,950 to £36,770||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||£6,190 to £18,020||Simple|
|Wrist injuries (b)||£22,990 to £36,770||Injuries would result in permanent significant disability, but some useful movement could remain.|
|Moderate leg injuries (iv)||£26,050 to £36,790||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.|
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.
Why Don’t People Have Car Insurance?
There is more than one reason a person might not have insurance on a vehicle they’re driving. Reasons could include:
- They chose not to purchase a policy. This is illegal, but it could happen.
- Their insurance lapsed and they did not realise
- They failed to check whether they had to purchase insurance for a hire vehicle
- They’d assumed they were covered to drive someone else’s car, but they were not
No matter what the reason the at-fault party was driving without insurance, if you were injured due to their actions, you could still make a claim for compensation. For free legal advice, please call our team. We could assess your claim, and connect you with a lawyer who could help you fight for compensation.
Before thinking ‘an uninsured driver hit me – what do I do?’ you might want to double check whether they are covered under an insurance policy, as this could make claiming easier. The MIB have a service called askMID which allows you to check someone has insurance through the Motor Insurance Database. There is a cost for this. Currently, as of June 2021, the cost for this is £4.50. The information you should receive from this service should include:
- A policy number (if one exists)
- The name of the insurer
- Claim contact details
The information you would need to submit a query would be your registration number and that of the other vehicle. If you don’t want to use this service to check the other driver’s insurance details, you could ask your own insurer. They could check for you.
To answer the question ‘I’ve been hit by an uninsured driver – what do I do?’ we can look to the usual steps you should take after an accident, and then what actions you could take later on.
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 Insurer’s 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 lawyer that could help you.
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
‘An uninsured driver hit me, would this affect my own insurance?’ is another common question. The answer is dependent on a few factors, including:
- Whether you were partly to blame as well as the other driver
- Your insurer
In some cases, your insurer might waive your excess. They might also protect your no-claims discount. To find out whether your insurance company will do this for you, you would have to ask them directly. We should mention that uninsured drivers could affect your own policy even if you’re not in an accident with them. This is because part of your premium goes to the Motor Insurance Bureau. If the costs of covering such claims rise further, then many drivers may face increased insurance premiums.
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.
The Motor Insurers’ Bureau was established back in 1946. Its purpose is to compensate the victims of untraceable or uninsured negligent motorists. It also attempts to reduce the impact and level of uninsured drivers in the UK. It is funded by insurance companies, who are required to pay a certain amount into it. In essence, part of your insurance premium would pay into the MIB to help it pay compensation to blameless victims of uninsured or untraceable drivers.
If you’re worried about whether you could claim, we could help. We’d be happy to offer you an assessment of your case and could provide you with free legal advice too.
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.
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:
- Call us on 0161 696 9685
- Use our Live Chat service.
- Go to our contact us page.
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.
According to Department for Transport estimated statistics:
- In 2020, it is estimated there were 1,472 road deaths reported (4 months of this period covered the national lockdown)
- There were also an estimated 23,486 people killed or seriously injured during this period.
- The total casualties were 115,333 in this period
These figures were lower than the previous year, but this could have been due to the national lockdowns.
Can I Claim Against An Uninsured Driver?
Most uninsured driver claims are made via the MIB.
What Happens If You Crash And The Other Person Has No Insurance?
If you are in a car crash with someone and they have no insurance, what happens depends on whose fault the accident was. Should you cause an accident and you have fully comprehensive insurance, your insurer would usually pay for the damage to their vehicle. If it was the fault of the uninsured driver, you could claim for the damage to your car and make an injury claim through the MIB.
What Do You Do If Another Party Doesn’t Have Insurance?
You should contact the police if an at-fault party doesn’t have insurance. You could also make an injury claim for your injuries through the Motor Insurers’ Bureau.
Is It Worth Suing An Uninsured Driver?
You could claim via the Motor Insurers’ Bureau.
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Published by AL.