By Jo Anderson. Last Updated 3rd December 2024. Welcome to our driver negligence insurance guide, which looks to answer the question, “I’ve been in a car accident without insurance, can I claim?”.
Below, we look at how to claim compensation for car accidents where one party has no insurance. We include answers to questions such as ‘I’ve had an accident and the other driver had no insurance on their car, can I claim?’ and ‘Can I claim for damage to my parked car hit by an uninsured driver?’.
Accident Claims UK is here to support you through the process by offering a no-obligation telephone consultation to assess the validity of your claim. We provide free advice on your options, and if your case is strong enough, one of our personal injury solicitors could handle your claim on a No Win No Fee basis.
To receive a free assessment of your claim, please call us on 0800 073 8801 today. Otherwise, why not carry on reading to find out more about what happens when a car accident without insurance occurs?
Select A Section
- What Happens If I Have A Car Accident Without Insurance In The UK?
- Legal Minimum Car Insurance Requirements
- An Uninsured Driver Hit Me – Can I Claim?
- How Much Could I Claim for A Car Accident Without Insurance That Was Not My Fault In The UK?
- How Accident Claims UK Could Help You
- No Win No Fee Car Accident Without Insurance Claims
- Helpful Information For Car Accident Victims
What Happens If I Have A Car Accident Without Insurance In The UK?
If you’re wondering, “What happens if I have a car accident without insurance in the UK?” we should point out that driving without insurance is illegal. Whether you have a car accident without insurance where you are not at fault, or you are at fault for an accident causing injuries to someone else, you could get in trouble with the police.
There are penalties for driving without insurance, and if you are penalised for driving an uninsured car, you could be issued a fixed penalty of £300 as well as receiving six points on your driving licence.
If, however, you’re asking this question because you’ve been injured by an uninsured vehicle, there could be a way for you to make a claim for compensation. As we mentioned, you could make your claim through the Motor Insurers’ Bureau if you have been involved in an accident with an uninsured or untraceable driver.
To check your rights to make a claim for injuries caused by an uninsured driver, please contact an advisor.
Legal Minimum Car Insurance Requirements
According to the Road Traffic Act 1988, all vehicle owners and drivers must have a valid insurance policy. The minimum level of policy that is required is known as a 3rd party policy. That means if an accident happens and you are responsible, your insurance policy will cover any damage or injuries caused to others involved in the accident. You won’t be allowed to claim for any damage to your own vehicle with 3rd party insurance.
The main benefits of 3rd party insurance are that it meets your legal requirements and is cheaper than a more comprehensive policy.
Not having a valid policy could mean your car is destroyed, you receive a fine of up to £5,000, you could be given a 6 to 8-point penalty on your license, or you could receive a driving ban.
An Uninsured Driver Hit Me – Can I Claim?
Having looked at the question “I was in a car accident without insurance, can I claim?” we’re going to discuss what you can do if an uninsured driver hits you. Every road user owes a collective duty of care to all other road users to do everything they reasonably can to avoid causing harm.
This means abiding by both the Highway Code and Road Traffic Act 1988 which, as we stated above, means having the legal minimum required insurance. In order to claim, you will need to demonstrate the following:
- You were owed a duty of care by another road user.
- That duty was breached in some way.
- This breach resulted in an accident in which you were injured.
In a typical road traffic accident claim, the involved drivers exchange insurance details and any compensation is paid out by the insurer of the responsible driver. However, when a driver has no insurance, the claim is instead made through the Motor Insurers’ Bureau (MIB). This is an organisation that aims to take uninsured vehicles off the roads and give those involved in collisions with those vehicles a means of seeking compensation.
An Uninsured Driver Hit Me – What Evidence Can I Present?
If someone is uninsured, driving is illegal. If you were injured by an uninsured driver, and you are claiming through the MIB, you will need evidence to support you were injured due to a breach of duty of care.
You can achieve this by gathering and presenting evidence to help support your claim. Here are some examples:
- Visual evidence – This could include photos of the scene of the accident, and of any visible injuries. You could also check if CCTV captured the accident, or if dashcam footage is available.
- Witness contact information – If anyone saw the accident, make sure you have a way of reaching them to see if they are willing to submit a statement.
- Medical evidence – For example, your medical records. You have the right to request these at any time. Information pertaining to your injuries and the treatment you receive will be included.
There are other forms of evidence too – this is not an exhaustive list. Get in touch for more free advice on what to do if you have a car accident and need proof.
How Much Compensation Could I Claim for A Car Accident?
How much compensation you could claim for a car accident would depend on a variety of factors, such as the type of injury you suffered, its severity and whether you suffered any financial losses.
However, a settlement for a successful car accident claim could result in damages under two heads of claim: general and special damages.
General damages compensate for the injuries caused in a car accident and the suffering and pain they have caused you. For those calculating such payouts, the Judicial College Guidelines (JCG) could be useful. This document provides compensation guidelines for various injuries at differing severities.
Below, you will see some guideline compensation brackets taken from the JCG. These should only be used as guidance. However, we should mention that the first figure in the table is not from the JCG.
The last two entries of this table have been taken from the fixed tariff within the Whiplash Injury Regulation 2021, as these may apply to certain claims being made through the MIB.
Compensation Table
It is important we emphasise that this information is intended as guidance only.
| Type of Injury | Severity | Compensation Details | Additional Comments |
|---|---|---|---|
| Settlements for multiple very serious injuries with associated financial losses. | Very Serious | Up to £500,000+ | A combination of injuries that have serious consequences and cause financial loss, such as medical expenses, travel expenses and loss of income. |
| Back | Severe (i) | £111,150 to £196,450 | Severe damage to the spinal cord and nerve roots. |
| Moderate (ii) | £15,260 to £33,880 | This is a compensation bracket that covers back injuries such as disturbed muscles which cause backache or a prolapsed disc which gives rise to repeated relapses. | |
| Neck | Severe (i) | In the region of £181,020 | A neck injury so severe that it can lead to incomplete paraplegia. |
| Moderate (ii) | £16,770 to £30,500 | Soft tissue or wrenching injuries causing permanent or recurring pain, stiffness and discomfort. | |
| Shoulder | Serious | £15,580 to £23,430 | This bracket covers injuries like a dislocated shoulder with associated damage to the lower brachial plexus. |
| Arms | Simple Forearm Fractures (iv) | £8,060 to £23,430 | Uncomplicated fractures of the forearm. |
| Hips | Less Serious (i) | £4,820 to £15,370 | When there is no residual disability following a significant injury to the hips, this category can be applied. |
| Whiplash Tariff | 1+ Whiplash injuries paired with 1+ psychological injuries. | £4,345 | Lasting between 18 to 24 months. |
| 1+ whiplash injuries | £4,215 | Lasting between 18 to 24 months. |
Special damages, on the other hand, compensate for financial expenses caused by your injuries. These may vary between cases, but could include:
- Travel costs – If you needed to pay for transport to get to a medical appointment, for example.
- Loss of income – If your injuries have caused you to take time off work, you may have experienced a loss of earnings.
- Care costs – If you have suffered injuries so severe that you were not able to look after yourself, you may have needed to pay for care at home.
- Medical expenses – If you have had to pay for prescription medicines due to injuries, or mobility aids, for example, these could be covered under special damages.
Providing sufficient evidence of these losses could help support your claim for special damages. Evidence could include invoices, payslips and receipts.
To learn more about the compensation that could be achievable in a car accident claim, please contact an advisor. You can also ask questions such as, “I had a car accident without insurance can I claim compensation?”
How Accident Claims UK Could Help You
We appreciate the fact that you’ve read this guide about claiming for a car accident without insurance. Hopefully, you’re now considering using Accident Claims UK to make your claim. Here are some of the benefits of doing so:
- Our claims and advice line operates 24-7.
- Specialist advisors provide free legal advice without any obligation to continue.
- Our team of expert personal injury solicitors have been dealing with claims for over 30-years.
- When your claim is taken on, your solicitor will be able to provide updates and answer any questions which arise throughout the claim.
- The ultimate aim of your solicitor will be to try and make sure the highest possible level of compensation is achieved for your injuries.
If you would like us to help you begin a claim today, please contact an advisor for free advice on your options.
No Win No Fee Car Accident Without Insurance Claims
The cost of hiring legal support can often be frightening and put people off making claims. We understand that’s the case, and so our team of solicitors work on a No Win No Fee basis for any compensation claim they take on. Not only will you feel less stressed while the claim is progressing, but your financial risk will also be reduced.
Your solicitor will, of course, need to check the claim has merit before agreeing to work on it. After they’ve done so, if you’re both happy to continue, you’ll be given a Conditional Fee Agreement (CFA) to review and sign. The CFA funds your claim and provides many benefits, including:
- No upfront fee will be requested, which allows the claim to commence quickly.
- You’ll not be asked to cover any solicitor’s fees while the claim is handled.
- If the claim is not won, you don’t have to pay the solicitor’s fees at all.
To cover their costs when your claim is won, your solicitor will retain a small amount of your compensation. This ‘success fee’ is part of your agreement and listed in the CFA, so you’ll know how much you’ll pay at the start of the claim. Furthermore, by law, success fees are capped.
Start Your Car Accident Claim
With this guide, we set out to answer the question, “I was involved in a car accident with no insurance, can I still claim?”. Hopefully, we’ve answered that question, and you’re now in a position to begin your claim. If that’s true, here are the easiest ways to contact us:
- Use the live chat feature at the bottom of your screen to discuss your case with an advisor.
- Ask for free claims advice by calling a member of our team on 0800 073 8801
- Email office@accidentclaims.co.uk with your account of how the accident happened.
- Ask us to contact you at a convenient time by filling out this claims form.
To start the claims process, an advisor will offer a no-obligation telephone consultation. They’ll review the case with you and consider the evidence you’re able to supply. If they agree that the claim is viable, you’ll be connected with a specialist personal injury solicitor. To help make the process less stressful, our solicitors work on a No Win No Fee basis for every claim they handle.
Helpful Information For Car Accident Victims
You’ve arrived at the last section of our guide about claiming for a car accident without insurance. We do hope you’ve benefited from the information we’ve provided. Furthermore, we hope it’s made it clearer whether you can make a claim. To provide additional support, here are some extra guides and resources. You might find them useful:
- Claiming For Whiplash – Information about making a personal injury claim for soft tissue and whiplash injuries.
- Pothole accident claims – Advice on claims for injuries sustained in an accident caused by a pothole.
- Passenger Accident Claims – Guidance that should help you work out if you can claim for injuries sustained as a passenger in a car accident.
- Motor Insurance Information – This guide, from Citizens Advice, provides lots of information about what insurance is required.
- Vehicle insurance – information from the government about vehicle insurance.
- Whiplash – This guide from the NHS provides advice on dealing with whiplash.
Thank you for reading our guide, looking at the question, “I’ve been in a car accident without insurance, can I claim?”.
Guide by BE
Edited by REB
