Uninsured Driver Claims
Leading Road Traffic Accident Solicitors London
Being involved in a road traffic accident is a traumatic experience, especially if you are injured. Where the other party is not insured makes the situation worse. It is still possible to seek damages for your injuries. Our specialist lawyers will explain how the scheme works and act in your behalf.
Stuart Kightley Partner
“Well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe spinal injuries. Specialist expertise in cycling-related injury claims.”
“Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms.”
Victims of road traffic accidents where the driver is not insured still have a remedy to seek damages for injuries they have suffered. 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 shoes of the insurer, to satisfy all genuine claims made against a negligent – but uninsured – driver.
There are however some strict procedural rules that need to be followed in MIB Uninsured Driver cases:
- The accident must have been reported to the police (assuming details were not exchanged).
- The MIB must be notified if court proceedings are started, and copied in on all developments.
- Judgment has to be obtained against the uninsured driver if the MIB are to be compelled to meet the claim.
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.
Starting your claim
We will then be able to advise you on whether or not you can make a claim for compensation.On contacting us you will speak in confidence to a member of our personal injury team who will ask you specific details about your injury including where and when it took place. It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, pictures of where the injury took place, details of any witnesses and reports of any medical treatment you had as a result of the injury.
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
Steps you should take in the event of an accident
- 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 at first there was a significant injury.
- 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 the police to attend the scene. If this is not possible then report in person to your local police station as soon as you can and get a crime reference number.
- Write down a description of the offending vehicle and any detail at all of the driver as well as the accident circumstances
- Speak to any eye witnesses and make a note of their name and address
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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 cases are dealt with under a separate self contained scheme with its own rules, whereas uninsured driver cases follow the usual civil rules and protocols, so that if a settlement cannot be agreed with the MIB then civil court proceedings can be issued and the matter put before a court. And compensation is calculated in the same way as a normal personal injury claim.
The usual costs rules also apply with an uninsured driver case, so that if the case is successful the MIB can be expected to meet the accident victim’s legal costs.
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