Uninsured Driver Claims

What happens if an uninsured driver hits you?

If an uninsured driver hits you, you need to know your rights and the steps to take. First and foremost, ensure your safety and that of any passengers. Once everyone is safe, gather as much information as possible about the other driver.

This includes their name, address, and vehicle registration number. If the other driver refuses to provide their insurance details, you may need to check the Motor Insurance Database to confirm their insurance status. Documenting the scene with photographs and noting witness information can also be crucial for your claim.

Can you claim compensation against an uninsured driver?

Victims of car accidents where the driver is not insured still have a remedy to seek damages for injuries they have suffered. Different car insurance policies can influence the claims process. They can do this through the Motor Insurers’ Bureau (MIB), an independent body created by statute and funded by all the major motor insurers.

The MIB’s job is to step into the insurer’s shoes to satisfy all genuine claims made against a negligent but uninsured driver. The insurance company plays a crucial role in the claims process, negotiating aspects of claims and ensuring compliance.

There are, however, some strict procedural rules that need to be followed in MIB Uninsured Driver cases:

1. The accident must have been reported to the police (assuming details were not exchanged).
2. The MIB must be notified if court proceedings are started and copied in on all developments.
3. If the MIB is to be compelled to pay the claim, judgment must be obtained against the uninsured driver.

The Uninsured Driver Scheme is better for the accident victim than the Untraced Driver Scheme (which deals only with hit-and-run cases). Hit-and-run claims are dealt with under a separate, self-contained scheme with its own rules, whereas uninsured driver cases follow the usual civil rules and protocols.

If a settlement cannot be agreed upon with the MIB, then civil court proceedings can be issued and the matter put before a court. Compensation is calculated in the same way as a normal personal injury claim.

The usual cost rules also apply to an uninsured driver case, so if the case is successful, the MIB can be expected to meet the accident victim’s legal costs. There are also some special rules and exclusions for MIB Uninsured Driver claims that can be complex, and it is important to obtain specialist legal advice. Individuals should also contact their insurance to verify the insurance status of other drivers.

Steps you should take in the event of an accident with untraced drivers

• It may not be apparent that the other driver is uninsured. You should exchange details (name, address, telephone number and insurance provider) in every case, even if you do not think there was a significant injury at first.

• Take photographs, if possible, showing the vehicle damage, the other vehicle’s registration number, and the other driver

• Report the accident to the police immediately by phone and wait for them to attend the scene. If this is not possible, report in person to your local police station as soon as you can and get a crime reference number. Driving uninsured is illegal and can result in severe penalties, fines, and license points.

• Write down a description of the offending vehicle and details about the drivers and the accident circumstances.

• Speak to any eyewitnesses and make a note of their name and address. Police catch uninsured drivers using the Motor Insurance Database and ANPR technology.

Reporting an Accident

If you’re involved in an accident with an uninsured driver, you must report it to the police. Under the Road Traffic Act (1988), you must report a car accident to the police if there are injuries to people or animals. In cases where immediate medical attention is required or if there is a need for police intervention, call 999.

For non-emergency situations, you can contact the police by dialing 101. When reporting the accident, provide comprehensive details, including the other driver’s vehicle registration number and any witness statements. This information will be vital for your claim and any subsequent legal proceedings.

Starting your uninsured driver claim with the Motor Insurers Bureau

We will then advise you on whether or not you can make a compensation claim. When contacting us, you will speak confidently to a member of our personal injury team, who will ask you specific details about your injury, including where and when it occurred.

It would be helpful to the claims process if you could provide us with as much information as possible, including any relevant pictures of the injury, where the injury took place, details of any witnesses, and reports of any medical treatment you had due to the injury. Having third-party insurance can be crucial in claiming damages in such cases.

Having all the necessary documentation and evidence is crucial for a successful claim. The complexities of filing claims in incidents with untraced drivers can be significant.

This is further emphasising the importance of having valid insurance.

The challenges of claiming insurance after being hit by uninsured or untraced drivers are notable, and the Motor Insurers’ Bureau (MIB) plays a vital role in assisting with such claims.

Consequences for Uninsured Drivers

Driving without insurance is a serious offence with severe consequences. Uninsured drivers caught by the police can face up to six penalty points on their license and a fixed penalty of £300. If the case goes to court, the penalties can be even more severe, including an unlimited fine or disqualification from driving.

The police also have the authority to seize and destroy any vehicle driven without proper insurance. Additionally, uninsured drivers may be required to compensate any victims of an accident they are involved in, further emphasising the importance of having valid insurance.

Repairing Your Vehicle

If your vehicle is damaged in an accident with an uninsured driver, you may be able to claim compensation through the Motor Insurers’ Bureau (MIB). The MIB acts as a fund of last resort, stepping in when there is no insurance in place.

To make a claim, you will need to provide evidence of the accident, such as witness statements and police reports. Additionally, you will need to supply proof of your vehicle’s value and any repair costs.

In cases where your vehicle is declared a write-off, you may negotiate with the MIB to keep the vehicle, but you will need to pay the salvage value. The process can be complex, so having all the necessary documentation and evidence is crucial for a successful claim.

How we can help

If you or a loved one has been injured in an accident with an uninsured driver, it’s crucial to know that you are not alone. Osbornes Law is dedicated to providing compassionate and expert legal support to ensure your voice is heard and your rights are upheld.

To speak with one of our personal injury solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811