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I Was Hit By An Uninsured Driver, What To Do? – Complete Guide

By Danielle Jordan. Last Updated March 2024. If you’ve been hit by an uninsured driver, what to do next can be confusing. However, this claims guide could help.

If you have been involved in a road accident that was not your fault and have been injured, you may already know that you could be eligible to claim compensation for your injuries, but what happens if you have been injured by someone who was driving without insurance? Could you still make a claim for compensation? If you’ve been hit by an uninsured driver, what to do next might be something you aren’t sure about. You may be looking for guidance on whether you could be entitled to compensation, and if so, who you could claim compensation from. If so, this guide could help. 

Below, you will find information regarding claims against uninsured drivers. We will introduce you to the role of the Motor Insurer’s Bureau, explaining who they are and what they do, and will offer guidance on how you could make an injury claim against them. If you are ready to begin a claim or would like answers to questions regarding your case, please do get in touch. You can reach us on 0800 073 8804.

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A Guide To Claiming If Hit By An Uninsured Driver

hit by an uninsured driver, what to do?

hit by an uninsured driver, what to do?

If you’ve been hit by an uninsured driver, what to do next can be confusing. However, this claims guide could help.

If you are in a road traffic accident with an uninsured driver and their actions caused you to suffer injury, you might not know what to do. You might assume that because the driver was not insured, you would not be able to claim compensation. However, there may be ways in which you could claim, either through your own insurance or through the Motor Insurer’s Bureau.

This guide offers insights into how and when you could make a claim for being hit by an uninsured driver, answering questions such as ‘Can I claim off an uninsured driver?’, ‘Do insurance companies go after uninsured drivers?’ and ‘Who should I make my car accident claim against?’ We also offer information as to how compensation could be calculated and how much compensation you could receive for your claim.

What Is An Accident With An Uninsured Driver?

If you’re hit by an uninsured driver, what to do may depend on whether the accident was or wasn’t your fault. If the accident was not your fault, and the driver that caused it did not have car insurance, you may believe that you would not be eligible to make a claim. However, there are instances where you could claim compensation for both the injuries you’ve sustained and the financial harm your injuries have caused you.

An accident with an uninsured driver may happen to you in several different circumstances. You could claim as another driver, a pedestrian or as a passenger in a vehicle. You would need to prove that the accident was not your fault to claim and that the accident caused you to suffer injuries. No-fault accidents could include incidents where:

  • You were hit by an uninsured drunk driver as a pedestrian.
  • You suffered whiplash as a passenger in a taxi that was in a crash with an uninsured driver.
  • You were shunted from behind by a lorry whose driver was uninsured.

These are just a few examples. It is also worth mentioning that if you were in a road traffic accident with an uninsured driver but it was partially your fault, you may still be able to claim compensation, but your compensation could be reduced to reflect your involvement.

What Should I Do If Involved In A Road Traffic Accident?

If you were hit by an uninsured driver, what to do could depend on the seriousness of the accident and the extent of your injuries. Your health should come first, so if medical attention is required urgently, you should ensure that you see a doctor. If the crash is serious, then you may be examined and treated at the scene.

Other actions you may wish to take, whether or not you intend on making a claim could include:

  • Making a note of the other vehicle/s involved – this could include the licence number, driver’s details (if the driver remains at the scene), the damage to the vehicles involved and the positioning of the vehicles, if possible. It would also be useful to note down the driving conditions, road conditions and road markings where possible.
  • Making a note of anyone who witnessed the incident – this could include their contact details, vehicle details and position of their vehicle or the witness themselves when they saw the accident occur.
  • Taking photos where possible of the scene, the damage to vehicles and injuries if possible
  • Informing the police, if they have not already been called. You should also tell the police if the other driver is uninsured, as driving without insurance is an offence.
  • Calling your insurance company – they should be able to give you advice on whether they could pay for your claim, and what the conditions of doing so could include.
  • Taking legal advice – we could help clarify your position when it comes to claiming compensation. For free advice, to check your eligibility to claim, or to start a claim, you can find our contact details at the end of this guide.

What Should I Do If The Other Driver Doesn’t Have Insurance?

If you’re hit by an uninsured driver, what to do if they’re not insured? If you have fully comprehensive insurance, you could claim from your own insurer. This could, however, affect your no-claims bonus.

Unfortunately, while there are penalties in place for uninsured drivers, that could include on-the-spot fines of £300, up to 8 penalty points on their licence and the seizure by police of their car, as well as court actions that could mean they risk fines up to £5,000 or a driving ban, it would not be possible for an injured person to claim compensation from an uninsured driver. It would be wise to ensure that any accident with an uninsured driver is reported to the police so you are able to make a claim for compensation if you are eligible to do so.

Could Accident Victims Claim Through Their Own Insurance?

As mentioned, if you’re fully comp and you’re hit by an uninsured driver, what to do next is to claim through your insurance. There are certain conditions that your insurer may require you to meet, which could include:

  • Proving that you were not at fault for the accident
  • Having the uninsured driver’s details and the vehicle details too
  • Having contact details for witnesses

The Uninsured Drivers Promise

Some car insurance policies have an uninsured driver promise, which protects your no-claims bonus if you are not at fault for an accident with an uninsured driver. It may also mean your insurance excess could be refunded, although you could be asked to pay this initially.

What If The Other Driver Can Not Be Found?

If you were in a crash with a driver that could not be found, the rules could be slightly different. You may be able to make a claim through the MIB, or Motor Insurer’s Bureau for compensation.

What Is the MIB?

The MIB helps people claim compensation when the usual routes for doing so would be difficult or may not exist. This includes paying compensation to eligible claimants who have suffered a personal injury due to the actions of an uninsured or untraceable driver. They could also help pay compensation if you are injured in an accident caused by foreign-registered drivers. The restriction to the MIB’s ability to pay compensation is that it is only allowed in circumstances where there should have been compulsory motor insurance in place.

Claims Against Uninsured Drivers Through The MIB

If you’ve been hit by an uninsured driver, what to do next depends on what kind of insurance they have.

If you’ve been in an accident with an uninsured driver, whether as a driver, pedestrian or another road user, you may wonder whether or not you could be eligible to make a claim from the MIB. While it is true that you could begin a claim against the MIB by yourself, using the services of a personal injury solicitor could not only take the stress out of making such a claim, but they could also argue for the maximum compensation possible for your case. 

The MIB advises that those considering making such claims should ensure the accident is reported to the police within 2 weeks of the date of the accident if the claim is for personal injury. If the claim is for property damage only, then it would be best to contact them within 5 days of the accident. The personal injury claims time limit for MIB claims is 3 years from the accident date, in most cases.

How The MIB Investigate Claims

The MIB will write to you or your solicitor to confirm receipt of the claim. They will issue a reference that should be used on all communications regarding your claim. They may ask for some supporting documentation too and then will conduct an investigation to:

  • Establish the facts of the case.
  • Confirm, where possible, the identity of those involved.
  • Obtain reports from independent parties such as witnesses and motor engineers.
  • Obtain reports from the police.
  • Contact other relevant parties such as your insurer, the DVLA, or foreign bureaus.
  • Obtaining your medical notes if you are claiming for personal injury.-
  • Obtaining an independent medical report if you are claiming for personal injury.
  • Obtaining other information they may require from you, such as a quick sketch of the accident.

Circumstances When The MIB Can’t Help You Claim

As much as the MIB could be useful in helping to compensate innocent victims of uninsured drivers, there could be some circumstances when they may not accept your uninsured driver claim. These may include situations where:

  • The road the accident happened on was not a public road or was not in an area that public vehicles had access to.
  • You were a passenger in a vehicle that you were aware, or should have been aware, wasn’t insured.
  • You were a passenger in a vehicle that was being operated by someone who was under the influence of drink/drugs.

Will My Own Insurance Policy Be Impacted?

If you are hit by an uninsured driver, what to do about your own insurance policy may be something you are concerned about. Usually, if a driver has car insurance and is at fault for a road traffic accident, their insurance company would pay the costs associated with your claim, and your own policy would not be affected. But what happens if the other person doesn’t have insurance?

If you are claiming from your own insurance company, you might have to pay the excess and you might have your no-claims bonus reduced while the claim is being investigated. Depending on your policy, as long as you could prove that the accident was not your fault, and your insurer has an uninsured driver promise, you could find that your no-claims discount would still apply, and your excess may be refunded.

If, however, the insurer concludes that the accident may have been partially or totally your fault then your insurance policy may be impacted and you may find your premiums increase and your no-claims bonus is affected.

How Much Compensation You Could Be Owed If You’re Hit By An Uninsured Driver

If your claim is successful, you will be awarded general damages to compensate for the pain and suffering you have experienced due to your injury. To help value your claim, a legal professional may refer to the Judicial College Guidelines (JCG). This document provides a list of guideline compensation brackets for different types of injuries.

However, due to the introduction of the Whiplash Reform Programme, if you suffered a whiplash injury, it will be valued in line with the tariff from the Whiplash Injury Regulations 2021. 

In our table below, we’ve listed some of the figures from the 16th edition of the JCG and some amounts from the whiplash tariff. Please note the tariff amounts are fixed.

 

Edit
Type of Injury Notes Compensation Bracket
Severe arm injuries Falling short of an amputation but leaving the injured party not much better off than if the limb had been lost. £96,160 to £130,930
Less severe arm injuries Where significant disabilities would have been suffered but there would have been a substantial level of recovery taken place, or a substantial recovery would be expected. £19,200 to £39,170
Neck Injuries – Severe (ii) Serious fractures or cervical spine disc damage. This could result in disability of considerable severity. Examples could include permanent brachial plexus damage, a substantial level of movement loss in the next, and function loss in one or several limbs. £65,740 to
£130,930
Neck Injuries – Severe (iii) Dislocations and fractures, or even severe soft tissue damage/ruptured tendons could be within this bracket. Seriousness of symptoms, treatment required and prognosis could all be assessed to reach a value for compensation, £45,470 to
£55,990
Neck Injuries – Moderate (ii) Wrenching/soft tissue injuries which lead to serious movement limitation, recurring pain, discomfort, stiffness or cervical spondylosis. The injured party might require further surgery in the future or there could be an increased vulnerability for future trauma £13,740 to
£24,990
Leg injuries – very serious Injuries that lead to permanent mobility problems. The injured party may need crutches or other mobility aids for the rest of their life. Injuries could include those where several fractures have taken some years to heal, would have required extensive treatment, and would have led to deformities and limitations in movement. Further surgery may be likely. £54,830 to £87,890
Clavicle fractures Dependent on the level of disability, extent of the fracture, whether the injury is permanent or temporary and whether there are residual symptoms. £5,150 to £12,240
Elbow injury Severely Disabling £39,170 to £54,830

 
Whiplash Tariff This tariff is appropriate for cases of whiplash with minor psychological damage that have symptoms lasting between 18-24 months. £4,345
Whiplash Tariff This tariff is appropriate for cases of whiplash that have symptoms lasting between 18-24 months. £4,215

 

If you have any questions about hit and run claims, you can contact our advisors. They could also offer you free advice for your potential claim if you have been hit by an uninsured driver.

Special Damages Which You Could Claim

As well as the general damages you could receive for the injuries you’ve suffered by being hit by an uninsured driver, you could also receive special damages for the financial harm your injuries have inflicted. This could include, but may not be limited to:

  • Care costs – some injuries may mean you cannot look after yourself and may need someone to care for you at home. If this happens, care costs could be included as special damages within your claim.
  • Wage loss – If you have not been able to work due to your injuries, you might have lost out on income. If this is the case, your income losses could be claimed for as special damages. In addition to this, if you are not able to return to work due to your injuries, future wage losses could also be calculated and claimed for as special damages.
  • Medical expenses – If medical costs such as prescription charges or physiotherapy costs were incurred due to your injuries, these could also form part of your claim.
  • Travel expenses – If you incurred travel costs that arose directly because of your injuries, such as costs associated with travel to medical appointments or to visit your solicitor, these could also be included as part of your claim.

We should stress that it is vital to be able to provide proof of the costs you are claiming for. It would be wise to keep aside payslips, bank statements, receipts and bills so these could be provided to your lawyer, when required, to be included in your claim.

To learn more about the answer to “I’ve been hit by an uninsured driver, what to do next?” please keep reading.

No Win, No Fee Claims If Hit By An Uninsured Driver

Would you like to have a personal injury lawyer help you with your claim, but are assuming that this could mean paying large sums of money upfront for these services? You might be glad to know that there is a way of getting such assistance without having to pay anything until your claim is completed and compensation has been paid out. These are known as No Win, No Fee claims. Instead of paying your lawyer upfront, you would sign a document known as a Conditional Fee Agreement, which would effectively promise your solicitor a small fee, known as a success fee, if they managed to negotiate a compensation settlement for you. This success fee is legally capped, which should provide you with some confidence that only a small proportion of your compensation would go to your personal injury solicitor. If your solicitor couldn’t negotiate a payout for you, you wouldn’t have to cover their costs in pursuing your uninsured driver claim, and you would not have to settle the success fee either.

Claiming on a No Win, No Fee basis could give you financial confidence to pursue your claim. We could help connect you with a lawyer working on this basis who could fight for compensation on your behalf. Or, if you have further questions about claiming in this way, please call our team and we will be glad to furnish you with the answers.

Why Choose Us For A Road Traffic Accident Claim?

Are you wondering “I’ve been hit by an uninsured driver, what to do next?”. If so, we could help.

We realise that claimants have a variety of options open to them as to who could help answer questions regarding being hit by an uninsured driver and what to do. We do feel, however, that we are in a great position to offer you not only the answers you may need but a no strings attached service that’s free of charge.  In addition to this, we also offer free case checks to see if we think you could be entitled to claim compensation for your injuries. If we believe your claim could result in a compensation payout, we could even offer to connect you with a personal injury solicitor who could fight for the highest possible compensation for your case.

With years of experience helping claimants with a variety of personal injury claims, we have received extremely positive feedback from our previous clients, which offers insight into our professionalism and empathy. You can read some of this feedback here. If you would like to learn more information on our services or how we could offer the assistance you may need to get the maximum compensation for your Motor Insurer’s Bureau case, please do get in touch with our expert team today.

Hit by an uninsured driver – what to do next? FAQs

Do I have grounds to make a claim?

Providing the uninsured driver responsible for the accident failed to uphold their duty of care to you as a fellow road user, you could be entitled to compensation.

What is the MIB?

The Motor Insurance Bureau works with police and the DVLA to help get rid of uninsured drivers on British roads. You could get compensation from them if an uninsured driver cannot facilitate your claim.

What could I claim for?

You could claim compensation for physical injuries or mental harm, as well as financial losses or damage to property.

How much could I claim?

Without assessing the details of your case, it’s hard to say. This is because claims are valued according to the extent of suffering caused, which differs widely from case-to-case).

How long do I have to make a claim?

Personal injury claims have 3-year time limits whereas criminal injury claims, including those involving uninsured drivers, have 2-year time limits.

Can I claim on behalf of a loved one?

Yes, you would have to assume the role of litigation friend in order to make a claim on behalf of another claimant. They may yet be eligible to claim as it’s before their 18th birthday, for example.

How can a No Win No Fee agreement help me?

You won’t have to pay any upfront fees and there are no hidden costs in these types of agreements. What’s more, you only pay your lawyer if they win your case, eliminating financial risk from the claims process.

How can I get in touch with Legal Expert?

Please check out the next section for some contact options.

Start Your Claim

Do you think you may be ready to begin a claim for being in an accident with an uninsured driver, or are you looking to get answers to questions you might have about your eligibility to claim or the claims process? Whatever you need, our advisors are only a click or a call away. You can reach us:

We look forward to helping you, whatever you need to know.

Essential References

Road Traffic Accident Claims – Here, you can find a guide to road traffic accident claims against both insured and uninsured drivers.

Claiming For Whiplash – Whiplash could be considered a common injury resulting from a road traffic accident. Our guide to making whiplash claims could be useful if you’ve sustained this type of injury.

Lorry/HGV Claims – Making a claim for an accident involving a lorry or HGV? This guide could offer some useful assistance.

More About The MIB – Here, you can find details of who the MIB is and what it can help with.

Road Traffic Accident Statistics. 2018 – Here, you can see statistics regarding road traffic accidents in the UK.

Check If A Driver Is Insured – You can use this tool to check if someone you’ve been in an accident with has car insurance.

Thanks for reading our guide on the situation of; I’ve been hit by an uninsured driver, what to do next?

Written by Jeffries

Edited by Billing

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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