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Could I Claim Compensation If I Was Hit By An Uninsured Driver?
Stephen Hudson. Last Updated 4th October 2024. If a car accident happens, especially if someone is hurt, we expect everyone involved to check on each other and swap insurance details. In fact, it is required by law. Unfortunately, many people are driving without having insurance. In this guide, we explain how you can claim compensation for being hit by an uninsured driver.
We are often asked, “Can you claim against an uninsured driver?” The simple answer is yes, though you must prove that you have a valid road traffic accident claim. You can learn about eligibility and the evidence that will help your case by reading through the guide.
We also discuss how our expert solicitors can help you seek compensation for a collision with an uninsured driver. They offer their dedicated legal services under No Win No Fee terms, and we explain how this would benefit you.
For any questions, advice or a free assessment to see if you have a valid claim, we offer a free consultation service. All of the below contact routes are open 24/7:
- Calling 0800 073 8804.
- Using our ‘Contact us’ online form.
- Sending a message through the live chat box below.
Select A Section
- Compensation Eligibility For An Accident With An Uninsured Driver
- How Long Do I Have To Claim If I’m Hit By An Uninsured Driver?
- Top Tips For Proving Uninsured Driver Claims
- Claiming Against An Uninsured Driver – How Much Could I Receive?
- Hit By An Uninsured Driver – No Win No Fee Solicitors
- Useful Links For Road Traffic Accident Claims
Compensation Eligibility For An Accident With An Uninsured Driver
If you’ve been injured in an accident with an uninsured driver, the claiming criteria remains the same as it does with all other road traffic accidents. All road users owe a legal duty of care to each other to navigate in a way that ensures no injury and damage to themselves or others. Drivers and other road users must comply with the Road Traffic Act 1988 and the Highway Code to uphold their duty.
In order to make a personal injury claim for a road traffic accident, you must prove that:
- Another road user, such as a driver owed you a duty of care.
- This duty was breached.
- You were injured because of this breach.
What Is The MIB?
Considering the traditional route of claiming alone, the answer to the question “Can you claim against an uninsured driver?” might be no, if the person with no insurance has no other way of paying the compensation.
Fortunately, the Motor Insurers’ Bureau (MIB) offers an alternative option. It is a body funded by insurers and one of its roles is to help people who are claiming against an uninsured driver or were hurt in a hit-and-run accident.
You could claim for the MIB for an accident with an uninsured driver if:
- Your case meets the eligibility criteria we discussed previously.
- You can’t claim against the other party in the normal way.
- There is relevant evidence you can present. Continue reading to learn more about this.
If you were hit by an uninsured driver and want to learn more about claiming through the MIB, please call today for free advice.
How Long Do I Have To Claim If I’m Hit By An Uninsured Driver?
MIB claims work the same way as any standard road traffic accident claim, so The Limitation Act 1980 determines how long you have to start your case.
The time limit is typically three years from the accident date. However, certain circumstances might call for an exception to the rule. For example:
- A minor under 18 years old can’t claim for themselves. Once they turn 18, their limitation period comes into effect. However, a trusted adult can act as their litigation friend and handle the claim before their 18th birthday.
- The deadline is entirely suspended if a person is deemed to be without the mental capacity to make a claim. Again, a litigation friend is able to step in. However, if they don’t, the three-year limit only takes effect from the date of their recovery, if they do recover.
There’s no need to wonder if you’re able to claim for an uninsured driver accident, as you can call us for guidance on whether you’re within the time limit.
Top Tips For Proving Uninsured Driver Claims
If you are claiming through the MIB after an uninsured driver accident, you may want to know how you can give yourself the best chance of success. Generally, the more evidence you have to support your claim, the higher your chances are of receiving compensation. To make a claim through the MIB, evidence that could help you may include:
- Photos of the accident site, any property damage, or your injuries.
- CCTV footage, if any is available. For example, if you are in a car park accident, the car park operator may be able to provide a copy of the footage.
- Medical reports. They can highlight any physical and psychological injuries you suffered, as well as the treatment you underwent. You can request a copy of your medical records from your GP.
- A police crime reference number
- Witness contact details, so an official statement can be taken at a later date
However, this list is not extensive. The MIB may request other forms of evidence to support your claim. A solicitor could potentially help you gather proof to strengthen your case – to find out more about hiring a solicitor to help you, get in touch today.
Claiming Against An Uninsured Driver – How Much Could I Receive?
Compensation payouts when claiming against an uninsured driver can vary on a case-by-case basis.
If you make a successful personal injury claim after being hit by an uninsured driver, then you will receive compensation for general damages. This compensates you for the pain and suffering your injury has caused.
The table below contains guideline compensation brackets taken from the Judicial College Guidelines (JCG). Solicitors and other professionals may refer to these guidelines while calculating the value of your injuries. The JCG figures in the table should be viewed as a guide only due to the unique circumstances of each case.
The Whiplash Reform Programme introduced changes into the way personal injury claims for certain low-value road traffic accident claims are made. One of the changes means that whiplash injuries are now valued by the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, examples of which you can find in the bottom of the table.
We’ve also provided a figure in the top row to show you how you could be compensated for multiple severe injuries and special damages. This figure was not taken from the JCG or the Whiplash Injury Regulations.
| Injury | Severity | Guideline Amount |
|---|---|---|
| Multiple Serious Injuries And Injury-Related Costs | Severe | Up to £1,000,000+ |
| Brain damage | Very Severe | £344,150 to £493,000 |
| Brain damage | Moderately severe | £267,340 to £344,150 |
| Disfigurement of the face | Very Severe | £36,340 to £118,790 |
| Back | Severe (iii) | £47,320 to £85,100 |
| Neck | Severe (iii) | £55,500 to £68,330 |
| Ankle | Moderate | £16,770 to £32,450 |
| Shoulder | Serious | £15,580 to £23,430 |
| Whiplash Tariff | With minor psychological damage for more than 18 months but fewer than 24 months | £4,345 |
| Whiplash Tariff | At least one physical injury lasting more than 18 months but fewer than 24 months | £4,215 |
Could I Receive Special Damages?
If you receive general damages, then you may also receive special damages. This covers financial losses or expenses that are related to your accident and subsequent injuries, such as lost earnings and prescription costs. Evidence is required to claim these costs back. As such, you should keep hold of any receipts and payslips.
For more advice on compensation payouts for a car accident claim or other types of road traffic accidents, contact our team of advisors for free today.
Hit By An Uninsured Driver – No Win No Fee Solicitors
If you have valid grounds for claiming against an uninsured driver, then we recommend you instruct a solicitor to work on your claim.
Our No Win No Fee solicitors can support car accident claims and claims for other types of road traffic accidents under a Conditional Fee Agreement (CFA).
Under this kind of agreement, you won’t need to pay any upfront fees to your solicitor for their services. You also don’t have to pay for their work as the claim progresses. Furthermore, it won’t be required for you to pay your solicitor for their work on your case if your claim is unsuccessful.
If your claim succeeds, then your solicitor will receive a success fee, which is a legally capped percentage of your compensation.
For more advice on claiming with a No Win No Fee solicitor after being hit by an uninsured driver, contact our advisors for free today. They can evaluate your claim for free, and if they find it to be valid, may connect you with one of our solicitors. You can reach our team by:
- Giving us a call on 0800 073 8804
- Using our online contact form.
- Or you can use our 24/7 live chat service.
Useful Links For Road Traffic Accident Claims
We have a back catalogue of useful road traffic accident claim guides, such as these:
- Learn how much compensation for a car accident you could receive.
- We discuss fatal road traffic accident claims and who is able to seek damages.
- Our guide to making motorcycle accident claims on a No Win No Fee basis.
For even more information, try these resources:
- The MIB answers questions about making a claim in its FAQ page.
- Government statistics on reported road casualties in 2023.
- Also from GOV.UK – information on requesting a copy of CCTV footage showing your incident.
Thank you for reading our guide. We hope it has helped you understand what you can do if you are hit by an uninsured driver. If you have any questions at all, please call today and an advisor will be able to help.
We’ve also produced the video below for even more guidance on claiming when the responsible driver had no insurance.
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