Can I make a claim against an uninsured driver?

Being involved in a road traffic accident can be traumatic and result in various injuries, as well as financial losses. Things can get even more complicated if the responsible party does not hold valid insurance. However, you can still make a claim against an uninsured driver.

Such claims will be processed by the Motor Insurers Bureau (MIB), an organisation funded by a portion of every insured driver’s premium. A personal injury lawyer can help you put together a case to present to the MIB and secure compensation for the harm caused by an uninsured driver.

To start your claim today or learn more about your legal options, call 0800 470 0474 or enter your details here to receive a free consultation.

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Table of Contents

• Are drivers legally required to have car insurance?
• Can I make a claim against an uninsured driver?
• What should I do if I am hit by an uninsured driver?
• Do I have to report an accident with an uninsured motorist?
• What is the Motor Insurers Bureau?
• How can I claim compensation from the MIB?
• What are the legal consequences of driving without insurance?
• Can I claim compensation for an accident with an uninsured driver abroad?
• Time limit for claims against uninsured drivers
• How much compensation could I receive for an accident with an uninsured driver?
• Do I need a solicitor to make an uninsured driver claim?

Are drivers legally required to have car insurance?

Yes, all drivers in the UK have a legal obligation to take out a minimum of third-party motor insurance under Section 143 of the Road Traffic Act 1988. This insurance offers protection to everyone on the road, as it will cover any injuries and financial losses caused by the driver at fault.

Drivers also have a duty to:

• Renew their insurance on time to ensure it remains valid;
• Provide their insurance details to others if involved in an accident;
• Report any accidents to their insurer, even if they were not at fault and the damages are minor.

Driving without insurance is illegal and can result in various consequences. Furthermore, if you cause any damages to another party, you may be liable to pay them compensation.

Nonetheless, many drivers break the law and continue driving without relevant insurance. Other drivers may flee the accident scene and cannot be traced or held responsible.

In such instances, anyone injured due to the fault of the uninsured or hit and run driver is still eligible to make a claim for compensation. This guide will explain how you can recover damages following an accident with an uninsured or untraced driver.

Can I make a claim against an uninsured driver?

If you’ve been in an accident with an uninsured driver, there is no need to despair. Even in these circumstances, you are still eligible for compensation if:

• They owed you a legal duty of care;
• They breached this duty and caused a road traffic accident;
• You suffered injuries and other losses due to that accident within the past three years.

Of course, if there is no insurance company to claim from, the funds to cover your compensation payment must come from elsewhere. Most compensation claims against uninsured drivers are made through the Motor Insurers Bureau (MIB).

Alternatively, you can claim compensation from your own insurance policy if you have comprehensive insurance. If your policy includes an uninsured driver promise, you will not lose your no claims discount if the accident was not your fault and the other driver is uninsured. However, you may prefer to claim through the MIB.

What should I do if I am hit by an uninsured driver?

If you were involved in an accident with an uninsured or untraceable driver, you should take the following steps to ensure your safety and protect your legal rights:

• If you or someone else has suffered severe injuries, call an ambulance at the accident scene;
• If your injuries are not severe and it is safe to do so, try and gather as much evidence as possible;
• Take photographs or a video of the scene and your injuries from various angles before anything is moved or tampered with;
• Take note of the date, time and location of the incident, as well as the other car’s make, model, colour, licence plate number and other relevant details;
• Exchange contact details with the other driver;
• Immediately report the accident to the police if they refuse to give their details, have left the scene or are not insured;
• If there were any witnesses to the accident, ask for their names and contact details;
• Contact your motor insurance provider to report the accident, the damage to your vehicle and the injuries you have sustained;
• If you want to make a personal injury claim, seek legal advice as soon as possible or inform the Motor Insurers’ Bureau about the incident so they can start investigating it.

Do I have to report an accident with an uninsured motorist?

If you have any kind of road traffic accident, no matter how minor or whose fault it was, you should report it to your insurance company as soon as possible. Your policy should specify the time limit to report an accident and the procedure for doing so. You usually have up to 24 hours in most cases.

You should inform your insurer about the collision, whether the other party has insurance or not and regardless of whether you plan to make a compensation claim.

If you fail to do so, they might invalidate your insurance and refuse to pay for any damages. Furthermore, you may find it more difficult to get insured in the future or incur a higher premium.

If you are involved in an accident with an uninsured driver, you should also report it to the police within 24 hours. You should immediately call 999 if there have been serious injuries or there is a danger to others. Alternatively, you should call 101 if it isn’t an emergency but the other driver is uninsured, has left the scene or refuses to cooperate.

What is the Motor Insurers Bureau?

Despite being a legal requirement, many motorists still drive without valid car insurance policies. According to statistics, around 300,000 uninsured drivers are on UK roads each day, and someone is hit by an uninsured or hit-and-run driver every 20 minutes.

The Motor Insurers Bureau (MIB) was established in 1946 as part of an agreement between the UK government and motor insurance companies to help victims of motor accidents. The MIB provides the funds to cover compensation payouts when insurance is not otherwise available.

Each insurance provider in the UK contributes to the Bureau, and this money is collected to maintain the fund. All insured motorists ultimately pay for this through their premiums. It is estimated that approximately £30 from every premium goes towards funding the MIB.

The MIB acts as a safety net, ensuring that victims of uninsured and untraced drivers do not suffer financial loss due to someone else’s negligence.

How can I claim compensation from the MIB?

If you want to claim compensation through the MIB following an accident with an uninsured driver, you should first seek legal advice. If you can proceed, you will be paired with a personal injury lawyer with expertise in this area.

They will help you gather the required evidence and build a case as they would under any other circumstances. The types of proof you could use to support your claim include:

• Medical records showing the type and severity of your injuries;
• Medical reports from independent specialists regarding your long-term care needs;
• Details about the other party and the vehicle they were driving;
• Statements from witnesses who have seen the accident;
• Footage from dashcams or CCTV cameras that might have captured the incident;
• Photographs or videos of the accident scene and your injuries;
• Financial documents that prove any related losses and expenses.

Your solicitor will help you complete the MIB claim form with details of the accident and upload the necessary supporting evidence. Once your claim is submitted, the MIB will conduct its own investigations and may ask for additional information if needed. They will also arrange for you to have a medical exam to assess your injuries.

If it is confirmed that the defendant is liable and they are uninsured, the MIB will award your compensation. The amount awarded will depend on the severity of your injuries and any related financial losses.

However, the MIB does not offer compensation for losses that can be claimed elsewhere. For example, they will not pay for the damage to your vehicle if you have comprehensive insurance or for private treatment if you have health insurance.

If your claim is successful, you will receive your due compensation. If the claims process takes too long and you are under financial strain, it may be possible to receive interim payments.

If your claim is denied, your solicitor will advise you on your chances of making a successful appeal.

What are the legal consequences of driving without insurance?

If you use a vehicle on the road or in a public place, you are legally required to hold minimum insurance coverage. Driving without insurance is a crime and can lead to various consequences, including:

• You may receive an immediate fixed penalty fine of £300;
• If you are prosecuted in court, you could receive a fine of a much higher value;
• It could result in six penalty points added to your driving licence;
• In severe cases, you could be disqualified from driving;
• Under Section 165A of the Road Traffic Act 1988, the police could seize and even destroy your vehicle;
• If your care is seized, you may need to pay a £150 fee to get your vehicle back;
• Any insurance premium offered to you in the future could be higher if you are caught driving uninsured.

If you are involved in a crash, you can tell whether a driver is insured just by using their vehicle registration. You can do this by entering their details into the Motor Insurance Database (MID). The askMID’s online service costs £10 and will give you details about the other party’s insurer, if they have one.

Can I claim compensation for an accident with an uninsured driver abroad?

If you’ve had an accident with an uninsured driver abroad, you could claim compensation from the foreign equivalent of MIB.

However, the MIB equivalent of some European Economic Area (EEA) countries only compensates their own nationals and residents or members of the EEA.

The MIB has signed reciprocal agreements with its equivalent in many such countries (you can check out the full list of these countries here). However, you must make your claim directly in the country where the accident occurred, and you will be awarded compensation based on the laws and regulations of that country.

Time limit for claims against uninsured drivers

The MIB imposes a three-year time limit for submitting a claim, starting from the date of the accident. However, we advise you to start the claims process sooner rather than later. This will make it easier to gather evidence and build a strong case.

The time limit can be different under certain circumstances:

• If the injured party is a child, the three years only begin to run on their 18th birthday. Before that, a parent or another competent adult can make a child injury claim for them at any time.
• The limitation date is suspended if the injured person cannot conduct legal proceedings, and a litigation friend could represent them at any time.
• Claims for fatal accidents have a three-year time limit starting from when the injured party passed away.
• For accidents abroad, the time limit will differ from country to country and may be much shorter than three years.

How much compensation could I receive for an accident with an uninsured driver?

The fact that your claim is made to the MIB will not impact the amount awarded to you, and your case will be treated in the same way as a personal injury claim against an insured driver.

Your compensation will be calculated based on two types of damages:

• General damages compensate for the pain, suffering and loss of amenity caused by your injuries. More specifically, you could claim for things like physical pain, emotional distress, loss of enjoyment of life, scarring and impact on hobbies.
• Special damages cover financial losses experienced due to the injuries, such as loss of earnings, travel costs, private treatments and care costs during recovery.

The award for general damages is based on the Judicial College guidelines. You can find out how much you could receive for your injuries by referring to our injury compensation calculator.

Do I need a solicitor to make an uninsured driver claim?

You do not legally need a solicitor to make a claim through the MIB, as you can claim directly yourself without any cost. However, having legal representation can significantly improve your chances of success and maximise your compensation award.

The MIB has many requirements you must comply with to make a successful claim. An experienced solicitor can ensure all necessary evidence is presented correctly and you are not denied compensation.

There are various other benefits to hiring a solicitor. They will:

• Handle all legal aspects of the case so that you can focus on recovering from your injuries;
• Reduce unnecessary stress and delays;
• Help gather the required evidence to support your claim;
• Keep you updated on the progression of your case;
• Offer you a no win no fee agreement so you do not have to pay them anything upfront or if you lose the claim.

Your solicitor will work hard to ensure that you won’t have to suffer because of the negligent and illegal behaviour of another road user.

To learn more about making a no win no fee claim through the MIB, call 0800 470 0474 for a free consultation or use our contact form to request a call back.