By Lewis Cobain. Last updated 18th December 2024. All motorists are required by law to have insurance. It is an offence to drive without insurance. Clients ask us, “I had a car accident with no insurance can I still claim?” If you were in an accident and the other driver did not have insurance, you may still be able to claim a form of compensation, depending on the circumstances of the accident.
Claiming compensation for a car accident where the other driver is not insured is a complicated matter. We recommend that you appoint a qualified solicitor to handle your claim and negotiate with all parties to get you the best compensation payout possible. Legal Expert can provide you with a qualified solicitor to handle your claim for compensation.
For advice about whether or not you can claim if you were involved in a car accident with no insurance but were not at fault call Legal Expert today for your free consultation on 0800 073 8804. Alternatively, use our online claims form to reach us. If we can see that you are owed compensation, we could provide an excellent solicitor to handle your claim.
Select A Section
- What Is A Car Accident With No Insurance?
- Can You Claim For A Car Accident Caused By An Uninsured Driver?
- MIB Claims For Accidents Involving An Uninsured Car Driver
- What Motor Insurance Is Legally Required In The UK?
- What Evidence Do I Need For My Car Accident Without Insurance Claim?
- Compensation Calculator For Accidents With No Car Insurance
- Special Damages Relevant To Car Accident Claims
- No Win No fee Claims For A Car Accident With No Insurance
What Is A Car Accident With No Insurance?
A car accident is when two vehicles collide, causing damage to the vehicles and sometimes injuries. In some instances a person can be seriously injured due to a car accident, for example, suffering 3rd-degree burns or paralysis. Drivers owe other road users, including other drivers, passengers and pedestrians a duty of care. This means that they are legally obliged to drive in a way that upholds the safety of others. If a driver is found to have caused a road traffic accident by driving negligently, any persons who are injured can make a claim against the other driver’s insurance for compensation.
A car accident with no insurance can be when a driver or passenger has been involved in a car accident where the other driver was uninsured. This makes the topic of claiming compensation, more complicated. We will now look in detail at how to claim compensation if you were hit by an uninsured driver, or were involved in a car accident and were uninsured.
Can You Claim For A Car Accident Caused By An Uninsured Driver?
Under the Motor Vehicles (Insurance Requirements) Regulations 2011, it is a legal requirement for motorists to have insurance. Therefore, if you are hit by someone driving with no insurance, they are breaking the law.
As outlined in the Road Traffic Act 1988, if a person drives a car without due care and attention, or reasonable consideration for you or other road users, they are breaching their duty of care and could cause an accident in which you are injured.
If a driver has no car insurance and hits you, you would claim through the Motor Insurers’ Bureau (MIB). The MIB offers compensation for motorists affected by untraceable or uninsured drivers. You will need to visit their website to begin an MIB claim.
Get in touch if you have been hit by an uninsured car. Our advisors offer free 24/7 legal advice and could connect you with one of our expert car accident solicitors.
What Happens If I Don’t Have Car Insurance In The UK?
If you were driving as an uninsured driver at the time of your accident, you will more than likely not be able to make a claim for compensation. Driving without insurance is a violation of road traffic laws. It can also come with a fine and a permanent revocation of your driving license.
For car insurance claim advice or to discuss what could be considered a no insurance car accident, please reach out to one of our advisers.
MIB Claims For Accidents Involving An Uninsured Car Driver
How do you claim if you were hit by an uninsured driver? If you were hit by an uninsured driver you can claim compensation from the Motor Insurance Bureau (MIB). Motorists can claim for damages to their vehicle and compensation for any injuries they may have sustained. If you are the victim of a hit and run accident (where the other driver drives away from the scene) with an untraced driver you can also claim compensation through the MIB.
How do you make a car insurance claim if the accident was not your fault? You can appoint a solicitor to handle your claim from the MIB. The solicitor could arrange for you to have a medical assessment with a doctor, to assess the extent of your injuries and will be able to value your claim based on the outcome of the assessment. They will then negotiate with the Motor Insurance Bureau to ensure you receive an optimal compensation payout.
What Motor Insurance Is Legally Required In The UK?
In the United Kingdom, all drivers are required to have at least 3rd party insurance for every vehicle they drive. Driving without motor insurance is an offence. What is the penalty for driving without insurance?
Uninsured drivers risk a fine of up to £300 and driving a vehicle they are not insured to drive and will have 6 points removed from their license. If the case goes to court, the uninsured driver can receive an unlimited fine and be disqualified from driving. The police also have a right to seize and destroy their car. Therefore driving without motor insurance is never worth the risk to you and others.
What Evidence Do I Need For My Car Accident Without Insurance Claim?
You may be wondering, “What happens if I have a car accident without insurance in the UK?” Presuming that you were insured and had an accident caused by an uninsured driver, you should gather evidence to help your case.
You could collect the following for an MIB case:
- Photos of the accident scene and any visible injuries you suffered.
- Dashcam or CCTV footage of the incident and its cause.
- Medical evidence. You can request a copy of your medical records from your healthcare provider to show how you were injured and what treatment you’ve received.
- The contact information of any eyewitness that can provide a statement at a later date.
- A police report if the police attended the scene
An independent medical assessment may be arranged during the claim to provide further evidence.
You can instruct a solicitor to help gather and present evidence. To learn what else a solicitor can do during the no insurance car accident claims process, just call our free helpline today.
Compensation Calculator For Accidents With No Car Insurance
A claim for compensation after a car accident with no insurance can be made up of two heads of loss. These are called general damages and special damages.
The first, general damages, are to compensate you for the injuries you suffered. This includes psychological injuries as well as physical ones. The size of the general damages is impacted by several factors including:
- How many injuries you suffered
- The severity of them, including how much pain they caused
- The time it took for them to settle or recover
- The prognosis for the future if the symptoms have not gone
- How the symptoms impacted the enjoyment of your life, e.g. did you have to give up a hobby that you loved?
During the claim you may be invited to an independent medical examination. This will be somewhere near to you and at a convenient time. A report would then be prepared by a medical expert which would include some of the factors above.
This report can be used by your solicitor to value your general damages. They can also use a document called the Judicial College Guidelines (JCG). This contains suggested compensation brackets for a range of injuries. They are only guidelines, so please do not confuse them with guaranteed awards.
Compensation Table
The table below shows guide figures from the JCG that pertain to certain injuries that could be sustained in a car accident. The figures are not a guarantee. Please note, the figure in the top row is not from the JCG. We’ve also included two tariffs from the Whiplash Injury Regulations at the bottom.
| Type Of Injury | Severity | Guideline Amount |
|---|---|---|
| Multiple Serious Car Accident Injuries Plus Financial Damages | Serious | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Brain Damage | Moderate (i) | £183,190 to £267,340 |
| Brain Damage | Less Severe | £18,700 to £52,550 |
| Leg Injuries | Severe (i) | £117,460 to £165,860 |
| Leg Injuries | Less Serious (i) | £21,920 to £33,880 |
| Neck Injuries | Severe (ii) | £80,240 to £159,770 |
| Foot Injury | Very Severe | £102,470 to £133,810 |
| Foot Injury | Moderate | £16,77 to £30,500 |
| Whiplash | 1+ whiplash injuries & 1+ psychological Injuries | £4,345 |
| Whiplash | 1+ whiplash injuries | £4,215 |
Special Damages Relevant To Car Accident Claims
If you make a successful personal injury claim for injuries you suffered in a car accident, you will be awarded general damages to compensate for the pain, suffering and loss of amenity brought on by your injuries. You will also be awarded special damages, to reimburse you for any out of pocket expenses you have incurred as a result of being injured. This can include medical expenses, travel expenses, expenses related to home adaptations, expenses related to mobility equipment, care expenses and reimbursement for loss of earnings.
To find out more about what you could claim for when the other driver has no car insurance, get in touch with us at any time.
No Win No Fee Claims For A Car Accident With No Insurance
If you have been injured in a car accident without insurance, where you were not at fault you may be able to claim compensation for your injuries. We can offer you the option to make a No Win No Fee claim, also known as a Conditional Fee Agreement (CFA). As the name suggests, a No Win No Fee claim is when the claimant doesn’t pay an upfront solicitors fee, making the claims process more affordable for many. Instead, the solicitor will charge the client a success fee on the grounds that they win their claim, which will be deducted from their compensation package, lessening any financial risk involved for the claimant.
Read our online guide to making a claim using a No Win No Fee solicitor to learn more. Or alternatively, call Legal Expert today to speak to an advisor about making a No Win No Fee car accident claim today.
Contact Us To Make A Car Accident Claim
For free advice on No Win No Fee car accident claims, contact us on 0800 073 8804 or use either our online claims form or our live chat service to reach us online. If you have legitimate grounds to claim after an accident where the faulting party had no insurance, a personal injury solicitor will start working on your claim as soon as possible.
If you have any further queries about how to claim after a car accident with no insurance, please get in touch at any time.
