Can You Claim If You Are Involved In A Road Traffic Accident With An Uninsured Driver?
If you have been involved in an accident with an uninsured driver, we could help you make a claim.
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Can You Claim If You Are Involved In An Accident With An Uninsured Driver?
If you have been involved in an accident with an uninsured driver, we could help you make a claim.
In this guide, we discuss when it could be possible to claim if you were injured in an accident with an uninsured driver.
As we move through this guide, we discuss the eligibility criteria for personal injury claims, the evidence you could gather to strengthen your case, and the avenue through which you may need to direct your claim.
Furthermore, we look at how compensation is valued following a successful road traffic accident claim. Additionally, we discuss how one of our personal injury solicitors could offer to represent you on a No Win No Fee basis.
Contact Us
Our advisors provide a no-obligation free initial consultation. They can also answer any questions about road traffic accident claims. So why not get in touch using the details below?
- Phone 0151 375 9916 to speak with a member of our team.
- Use our 24-7 live chat service to ask any questions.
- Contact us online to tell us about your claim.
Can You Claim If You Are Involved In A Road Traffic Accident With An Uninsured Driver?
Road users have a duty of care to prevent causing others and themselves any damage or injury while using the roads. To uphold this duty, they must follow the Highway Code and the Road Traffic Act 1988. Furthermore, according to Annex 3 of the Highway Code, to use a motor vehicle on the road, you must have a valid insurance policy.
Generally, a personal injury claim following a car accident would be made against the at fault driver’s insurance. However, if the driver who caused the accident and your injuries was not insured, you may still be able to seek compensation by claiming through the Motor Insurers Bureau (MIB). The MIB helps those who have been involved in road accidents where the normal routes to seeking compensation are not available, such as where the other party has no insurance or where the other party is an untraceable driver like in a hit and run accident.
If you have a crash with an uninsured driver, you could make a personal injury claim through the MIB if you can prove the following:
- A duty of care was owed to you by another road user.
- The other road user breached their duty of care.
- Subsequently, you sustained a physical and/or psychological injury due to the breach.
If you’ve had an accident with an uninsured driver and would like us to check if you’re eligible to start an MIB claim, please call our team today.
What Should I Do If I’m Hit By An Uninsured Driver?
Normally, if you are involved in a car accident, you should exchange details if there are reasonable grounds for doing so. You may be wondering if an uninsured driver hits you whether you still need to take each other’s details, such as names, insurance details, and registration number.
This is still the case where the other driver involved in the accident has no car insurance.
For more information on claims against uninsured drivers, please call our team or continue reading.
Examples Of How An Accident With An Uninsured Driver Could Happen
There are many ways in which injuries could be sustained in accidents caused by uninsured drivers. Some examples include:
- A rear-end collision could be caused by an uninsured driver who was not paying attention to the road in front of them. As a result, they crash into the back of you when you stop at a red light and you suffer a serious back injury.
- You may have sustained a neck injury after a head-on collision after a driver crossed a solid white line to overtake traffic.
- A driver may have failed to check their mirrors before changing lanes causing them to crash into the side of another vehicle. As a result, you might sustain severe brain damage after being hit by an uninsured driver.
Please note, not all accidents involving an uninsured driver will form the basis of a valid personal injury claim. However, if the accident happened because of a breach of duty, and this caused you to suffer an injury, you might be eligible to claim compensation.
To discuss your specific case and find out when you can make a car accident claim through the MIB, please call one of our advisors today.
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What Evidence Could Help With Claims Against Uninsured Drivers Through The Motor Insurers' Bureau??
If you’ve been involved in an accident with an uninsured driver and they were at fault, you could direct your claim through the MIB. However, you will need to prove that you sustained your injuries as a result of another driver breaching the duty of care they owed you. As such, you should gather evidence to substantiate your case.
For example, you could provide:
- Photographs of the accident scene, the uninsured driver’s vehicle, any vehicle damage, and any visible injuries.
- Video footage of the accident, such as from a dashcam.
- Details of any medical treatment you received for your injuries along with copies of your medical records.
- Contact details for any witnesses. They can provide witness accounts at a later date.
- Information about any other vehicles involved, such as the make, model and registration.
Additionally, it’s important to note that if you have had an accident with someone who has no car insurance, you must tell the police. You could use a police report to help support your case as well. Furthermore, you should notify your insurance company or insurance provider who can give further advice on the steps you may need to take.
Furthermore, if you instruct one of our expert road traffic accident solicitors to represent your claim, they could help you build a strong body of evidence to strengthen your case.
Find out whether you could claim compensation with one of our specialist solicitors and the other services they can offer by calling the number above.
How Much Compensation Could You Receive After A Crash With An Uninsured Driver?
If you make a successful car crash claim after an accident with an uninsured driver, you could receive up to two heads of loss. The first of these is known as general damages which compensates for the pain and suffering of the injuries, physical and/or psychological.
As part of the claims process, you’ll need to attend an independent medical assessment to determine the extent of your injuries and how they’re likely to affect you in the future. The medical report produced from this assessment can help when valuing general damages.
Additionally, the Judicial College Guidelines (JCG) can also be used. This document lists a range of injuries and associated compensation brackets. Also, the tariffs found in the Whiplash Injury Regulations 2021 changed the way whiplash injuries are valued. Drivers and passengers aged 18 and above who suffered their injuries in England or Wales will see their whiplash injuries valued according to a set of tariffs from these regulations.
Compensation Table
The table contains figures from the JCG, with the exception of the first entry. Also, the final two rows are taken from the Whiplash Injury Regulations 2021 tariff and are fixed amounts. These are used to help value whiplash injuries.
| Type of Injury | Level of Severity | Guideline Compensation Bracket | Extra Information |
|---|---|---|---|
| Multiple Severe Injuries + Special Damages | Severe | Up to £1,000,000 + | Compensation for the physical and emotional impact of multiple severe injuries plus special damages, such as care costs, loss of earnings, and the cost of home adaptations. |
| Paralysis | Tetraplegia | £396,140 to £493,000 | Paralysis of the lower and upper body. Factors considered when determining the award include age and the presence/ extent of any depression. |
| Brain Damage | Very Severe | £344,150 to £493,000 | The person needs care full time, has poor language function, double incontinence, and minimal to no meaningful response of their environment. |
| Back | Severe (i) | £111,150 to £196,450 | Cases of back injuries with serious consequences involving spinal cord and nerve root damage. |
| Severe (ii) | £90,510 to £107,910 | Back injuries with features such as nerve root damage alongside loss of sensation, impaired bladder and bowel control, unsightly scarring and impaired mobility. | |
| Neck | Moderate (i) | £30,500 to £46,970 | Fractures or dislocations that cause severe and immediate symptoms which require a spinal fusion. |
| Pelvis and Hips | Moderate (i) | £32,450 to £47,810 | While this type of hip injury is significant, any permanent disability won’t be major and there won’t be a great deal of future risk. |
| Leg | Less Serious (i) | £21,920 to £33,880 | Cases of serious soft tissue injuries or leg fractures that result in an incomplete recovery. |
| Whiplash Tariff | With Psychological Damage | £4,345 | Whiplash and minor psychological distress lasting 18-24 months. |
| Whiplash Tariff | Without Psychological Damage | £4,215 | Whiplash with symptoms that last between 18-24 months. |
Claiming Financial Losses In Uninsured Driver Claims
As well as compensation for the pain and suffering of your injuries, you may be awarded damages for the financial losses they have caused. This is awarded under the special damages head of loss and can reimburse for losses such as:
- Medical costs.
- Care costs.
- Loss of earnings.
- Home modifications.
- Transport costs.
Any financial losses you try to claim back must be supported by evidence such as bank statements, wage slips, and receipts.
If you’d like to check what could be included in potential payouts following successful claims against uninsured drivers, please call today.
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We pride ourselves on providing the best service possible for our clients.
Claims For Road Traffic Accidents On A No Win No Fee Basis
Our personal injury solicitors have many years of experience handling claims made through the Motor Insurers’ Bureau. If you’re eligible to have them work on your case, they could offer their services under the terms of a Conditional Fee Agreement (CFA) which is a specific type of No Win No Fee contract.
This typically means the following:
- No fees are required to cover your solicitor’s services upfront, during the claims process or if your claim is lost.
- You will have a success fee deducted from the car accident compensation that has been awarded to you. This fee is paid to your solicitor as a percentage but it does have a legal cap. As such, you can ensure you receive the most of your settlement.
To see if one of our No Win No Fee solicitors could help you claim following an accident with an uninsured driver, you can:
- Phone 0151 375 9916 to speak with a member of our team.
- Use our 24-7 live chat service to ask any questions.
- Contact us online to tell us about your claim.
Read More About Claiming Road Traffic Accidents
Here are a few more of our road traffic accident claims guides:
- Learn how to claim for a passenger injury after a car accident that was the fault of another road user.
- Discover when you could claim after a road traffic accident on public transport and the steps involved in doing so.
- Find out if you could make a motorbike accident injury claim after an accident that wasn’t your fault.
Finally, we’ve linked to some external resources too:
- Information on what to do if you have been involved in an accident with an uninsured driver from GOV.UK.
- Advice on requesting CCTV footage from GOV.UK.
- NHS guidance on when to visit A&E for medical treatment.
If you’d like more information about claiming for an accident with an uninsured driver, please call the number above today.
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