Can I make a claim against an uninsured driver?
It is a legal obligation for all UK drivers to hold valid motor insurance and this offers protection for anyone injured in a road traffic accident (RTA). Unfortunately, some drivers break the law and continue driving without holding relevant cover, or in some instances, liable drivers flee the scene of an accident and it is not possible to trace them. In these instances, those who were injured because of the fault of the uninsured or untraceable driver, are still eligible to make a claim for compensation.
Of course, when there is no insurance company to claim from, the funds to cover compensation payment must come from elsewhere. In these incidences, claims will be processed by the Motor Insurers Bureau. The Bureau was established in 1946 and provides the funds to cover compensation payouts when insurance is not otherwise available. Each insurance company in the UK pays a premium to the Bureau, and this money is collected to maintain the fund.
If you’ve been involved in an accident with an uninsured or untraced driver then it may seem tempting to simply despair of your bad luck. A personal injury lawyer, however, will put together a case to present to the MIB in order to make sure that you won’t have to go on suffering thanks to the negligent and frankly illegal behaviour of another road user.
Your personal injury lawyer will gather the required evidence and build a case as they would in normal circumstances, but where insurance is not available, the case will be presented to the MIB and the most favourable compensation award will be sought on your behalf. The fact that your claim is made to the MIB will not impact on the amount awarded to you and your case will be treated in the same way as it ordinarily would have been.