Welcome to our guide on uninsured driver compensation claims. Claiming against an uninsured driver may seem tricky, especially if you have no prior legal expertise. This is why in this guide, we talk you through everything you need to know.
Firstly, we tell you what the eligibility criteria are to make a road traffic accident claim, and what the Motor Insurers’ Bureau (MIB) is. We also discuss whether it is illegal to drive while uninsured, and whether the police need to be contacted if you’ve been hit by an uninsured driver.
Furthermore, we discuss how compensation is calculated in successful road traffic accident claims, and in what ways our specialist road traffic accident solicitors could possibly help you today.
Key Points In Uninsured Driver Compensation Claims
- You could claim compensation if you were injured because an uninsured driver was negligent on the roads.
- The MIB helps victims of hit and run accidents.
- Successful uninsured driver compensation claims could be awarded compensation for the costs of the accident as well as the injuries that were sustained.
- Our expert personal injury solicitors can handle your potential claim on No Win No Fee terms.
Please don’t hesitate to contact us today. Our team can chat to you about your accident for free today, and determine whether you’re entitled to claim compensation. Our team are available 24/7:
- Call 0800 073 8801.
- Start your claim using our online form.
- Send a message in our live chat box.
Jump To A Section
- Uninsured Driver Compensation Claims
- Who Do I Claim Against If I’m Hit By An Uninsured Driver?
- Is It Illegal To Drive While Uninsured?
- Do I Need To Tell The Police If I Am Hit By An Uninsured Driver?
- Payouts When Claiming Against An Uninsured Driver
- How Can Accident Claims Help Me Make A Road Traffic Accident Claim?
- More Information On Road Traffic Accident Compensation
Uninsured Driver Compensation Claims
When making an uninsured driver compensation claim, you will need to prove that negligence occurred. Negligence is when a breach of duty of care leads to you being injured.
All road users owe a duty of care to keep themselves and one another safe on the roads by following the rules in the Road Traffic Act 1988 and The Highway Code. Some examples of these rules include stopping at all red lights, looking in your car mirrors before changing lanes, and having compulsory motor insurance.
As such, here are the uninsured driver claims eligibility criteria:
- Another road user owed you a duty of care.
- This duty of care was breached due to negligent actions/inactions.
- You suffered an injury as a result of this breach.
Please contact us for free today to confirm with an advisor whether you’re eligible to begin a road traffic accident claim. Below, we detail how road traffic accident claims differ when uninsured drivers are involved.
Who Do I Claim Against If I’m Hit By An Uninsured Driver?
Usually, a car accident claim is paid out by the driver at fault’s insurance company. However, if the driver responsible isn’t insured or is untraceable, you can possibly seek compensation through the Motor Insurers’ Bureau (MIB) instead.
As per the Uninsured Drivers Agreement and the Untraced Drivers Agreement, the MIB handles claims for people involved in road traffic accidents where the traditional route to compensation isn’t available. They pay compensation in circumstances where compulsory motor insurance should’ve been in place. According to the Road Traffic Act 1988, the MIB can pay compensation for injury, property damage, and even death arising from the use of a motor vehicle on a road.
To learn more about the MIB, please get in touch with us.
Is It Illegal To Drive While Uninsured?
Yes, it is illegal to drive without insurance on public roads and public places. The only time where a vehicle doesn’t need to be insured is if it is declared as off the road (SORN). As such, uninsured drivers will be penalised and fined if caught.
You could also be penalised and fined if the vehicle is insured, but you don’t have the correct insurance to drive that vehicle.
Do I Need To Tell The Police If I Am Hit By An Uninsured Driver?
By law, you must report a car collision to the police if either:
- You couldn’t get the other driver’s details at the accident scene.
- If there was an injury.
- If you believe that the other driver committed a driving offence.
Under Section 170 of the Road Traffic Act 1988, collisions must be reported to the police, if any of the above apply, within 24 hours.
You must also provide details to anyone who has reasonable grounds to request them, such as another driver, and also your insurer.
Additionally, you should collect as much evidence as possible that can prove that you suffered negligence, such as:
- Contact details from any witnesses to the accident.
- CCTV or dash-cam footage of the incident.
- A police crime reference number.
- Photos of the incident site, including your injuries and any vehicle damage.
- Copies of your medical records and reports that show the extent of the injuries suffered.
- A personal symptoms diary.
- Details of any other drivers involved, such as insurance details.
Collecting evidence is something that one of our specialist solicitors can potentially do for you if you are eligible to claim compensation. To find out more about how to prove fault in a car accident, please contact us.
Payouts When Claiming Against An Uninsured Driver
There are two heads of claim that could potentially make up compensation in successful uninsured driver compensation claims – general and special damages.
General damages, awarded in all successful uninsured driver compensation claims, provides compensation for the way negligence has physically and mentally impacted you. These factors are some that can determine your general damages value:
- Loss of amenity.
- Pain severity.
- The prognosis.
Legal professionals, during the claims process at some point, may ask you to have an independent medical assessment. They can then use these reports, along with the Judicial College Guidelines (JCG), to help accurately value your general damages.
The JC publishes guideline compensation figures for a variety of injuries and illnesses.
Guideline Compensation Table
The table below contains some injuries that could potentially be suffered from a road traffic accident. The table also contains their guideline compensation figures as per the JCG (except for the top row, which hasn’t been taken from the JCG).
Please only use this table as a guide. None of these figures can be guaranteed as every claim is unique.
| Injury | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Multiple serious injuries and monetary losses | Serious | Up to £1,000,000+ | Compensation for sustaining more than one serious injury and significant financial losses such as lost wages and care costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Significantly restricted life expectancy from 'locked-in' syndrome. |
| Moderate (c)(iii) | £52,550 to £110,720 | Impacted concentration and memory, and the prospect of employment is reduced. | |
| Back | Severe (a)(i) | £111,150 to £196,450 | The most severe injuries that lead to severe pain and impaired functions of the bladder, bowel, and sexual function. |
| Moderate (b)(i) | £33,880 to £47,320 | Intervertebral disc damage that reduces mobility and irritates nerves. | |
| Neck | Severe (a)(i) | In the region of £181,020 | Incomplete paraplegia. |
| Moderate (b)(i) | £30,500 to £46,970 | Dislocations that may require spinal fusion. | |
| Whiplash | Lasting 18-24 months. | £4,345 | Whiplash injuries with psychological harm. |
| Lasting 18-24 months. | £4,215 | Whiplash injuries on their own. |
What Are Special Damages?
Special damages, awarded in some successful uninsured driver compensation claims, provides compensation for the way negligence has financially affected you. Some financial losses you may have incurred include:
- Loss of earnings for needing to take time off work to recover.
- Medical costs, such as buying prescriptions.
- Care costs.
Special damages can really help restore your monetary position to what it was before the collision. However, you have to provide evidence of any financial losses you have suffered, otherwise you may not be awarded special damages. So, please keep hold of all bank statements, receipts, payslips, and invoices that can support you.
To learn more about how compensation is calculated in successful uninsured driver compensation claims, please contact us today.
How Can Accident Claims Help Me Make A Road Traffic Accident Claim?
As we have previously discussed, if you have an eligible road traffic accident claim against an uninsured driver, one of our solicitors can help you collect evidence.
Here are some other services that our solicitors can offer:
- Checking compensation is fairly valued.
- Sorting legal representation if the case goes to court.
- Sending correspondence.
- Checking that the case is within the relevant limitation period.
- Explaining any legal terminology and sending case updates.
Additionally, all of our solicitors offer their services on a No Win No Fee basis.
Could I Claim Under A No Win No Fee Arrangement?
You can claim with us under a No Win No Fee arrangement if you have an eligible claim. Specifically, our solicitors work under a Conditional Fee Agreement (CFA).
If you are offered a CFA, you will not have to pay anything for your solicitor’s services:
- Before the case begins.
- Throughout the entire case.
- If the case fails.
Instead, if the case succeeds, your solicitor can keep a small percentage of your compensation. This percentage is called the success fee and is also legally capped to ensure you get the majority of compensation.
So, if you would like to possibly begin a claim after being in an accident involving an uninsured driver in this way, please reach out to us today. For free, our advisors can determine your claim eligibility and potentially connect you with one of our specialist solicitors.
- Call 0800 073 8801.
- Start your claim using our online form.
- Send a message in our live chat box.
More Information On Road Traffic Accident Compensation
Browse some of our other road traffic accident claims guides:
- Find out whether you can claim as a passenger in a car accident.
- Learn how to claim for whiplash injuries.
- Learn more about taxi accident claims.
Alternatively, it may be useful to browse these other resources:
- Motor Insurers Bureau (MIB) – common FAQs about making a claim against an uninsured driver.
- NHS – advice on when to visit A&E for an injury.
- Gov.UK – how to request CCTV footage of yourself.
Thank you for reading our guide. If you have any other questions regarding uninsured driver compensation claims that haven’t been answered in this guide, please don’t hesitate to contact us.
