By Stephen Hudson. Last Updated 28th January 2025. How do uninsured drivers compensation claims work? Find out in our guide below.
If you have been in an accident with an uninsured or hit and run driver you might be wondering what will happen with your vehicle insurance premiums or if your no-claims bonus will be affected. If you were injured, you are might also be wondering as to whether you can claim compensation for any physical or psychological damages. By reading through this guide, you will learn the answers to these questions.
Often people make the common mistake of believing that if you are involved in an accident with an uninsured driver, you cannot make a compensation claim for your injuries, but this is not the case. In the UK, driving without the minimum required level of insurance is illegal. Thanks to certain systems put in place to protect the victims, claims can still be made if you are injured by an uninsured driver.
Uninsured drivers compensation claims
Accidents involving uninsured drivers may involve other drivers, pedestrians, motorcyclists, or cyclists. If you have been injured by an uninsured driver, seeking legal advice would be advisable to find out where you stand legally in claiming compensation for your injuries.
What if you are the uninsured driver involved in a road traffic accident? Could you make a compensation claim for your injuries? As mentioned, driving without the minimum required insurance is illegal. If the accident was not your fault, you may still be able to make a compensation claim for your injuries. We cover this further on in the guide but asking for some legal guidance would be a good idea too.
Legal Expert has a team of personal injury lawyers that have years of experience in the industry. We can help you establish if you have a valid claim and could also make your claim on your behalf. You can contact us on 0800 073 8804 for more information.
Select A Section
- What Are Road Traffic Accidents Involving Uninsured Drivers?
- What Should You Do If Hit By A Driver Who Is Uninsured?
- How The Motor Insurance Bureau Could Help
- Uninsured Driver’s Compensation Claims Payouts
- Examples Of Special Damages You May Claim
- No Win No Fee Uninsured Driver’s Compensation Claims
- Essential References
What Are Road Traffic Accidents Involving Uninsured Drivers?
Road traffic accidents involving uninsured drivers can be down to various reasons. In most cases, a car accident, motorcycle accident, or any other accident involving a vehicle, is often due to a negligent act of some kind. It could be that you were hit by a vehicle pulling out of a junction, someone hit into the back of your car due to driving too close, or you may have been hit by someone recklessly crossing multiple lanes at a roundabout for example. Although some accidents on the roads thankfully only result in minor injuries such as mild whiplash, bruising, cuts, and scrapes, accidents can also often result in more serious, life-changing injuries such as serious head, neck or back injuries, chest injuries or badly broken or fractured bones, some serious injuries are sometimes fatal.
In normal circumstances, the innocent victim will be able to claim off of the third-party insurance for any damages and injuries. However, if the third party does not hold insurance, then making a claim isn’t as straight forward. This is where uninsured drivers compensation claims happen. Similarly, if you are involved in an accident whilst driving due to the fault of an insured driver, but you do not hold insurance yourself, claiming for personal injury, although not impossible, may not be straight forward.
What Should You Do If Hit By A Driver Who Is Uninsured?
Hit by an uninsured driver, what to do? There are a few steps you should take if you have been hit by a driver without any insurance. The Motor Insurance Bureau (MIB) advises that any accidents involving uninsured drivers and personal injury should be reported to the police within 14 days at least, if there is any damage to your car or property, you should contact them within 5 days in order to make a successful claim through the MIB.
The MIB deal with claims involving uninsured drivers as per the Uninsured Drivers Agreement.
With accidents involving personal injury claims through the MIB, claims should be made within the usual personal injury claims time limit of three years.
Witness statements are a very useful tool when it comes to making a claim, so if possible try to collect the contact details of anyone who may have witnessed the accident involving the uninsured driver.
How The Motor Insurance Bureau Could Help
This section will go into more detail on how the MIB can help with uninsured drivers compensation claims. The Motor Insurance Bureau (MIB) was founded in 1946 and set up as a way of giving compensation to the victims of road traffic accidents involving fault uninsured motorists. The money for the compensation comes from the policy premiums of UK motorists insurance.
If you are involved in an accident with an uninsured driver through no fault of your own, you could file a claim for compensation with the MIB for personal injury and damages. Before the claim moves forward, the MIB will conduct a series of inquiries and investigations into the accident to be able to establish liability. Once they are satisfied that liability lies with the uninsured driver, they will proceed with compensating you for your injury and damages. Having a personal injury solicitor may help to speed the process up as they will be able to conduct the claim through the MIB on your behalf and help to collate the evidence needed for a successful claim.
Uninsured Driver’s Compensation Claims Payouts
If you have been injured in a road traffic accident, you may be asking ‘how much compensation could be awarded for uninsured driver’s compensation claims?’ Although we cannot provide you with a definitive answer at this time, we can explain what you may claim compensation for to give you a rough estimate of how much you may be entitled to.
If your claim is successful, depending on the circumstances of your claim, your compensation may be split into two heads of claim. These are referred to as general damages and special damages.
General damages is the head of claim that compensates you for the injuries you sustained as a result of your accident. Under general damages, you may be compensated for both physical injuries and psychological suffering.
Your general damages are typically calculated by professionals who refer to documents such as an independent medical assessor’s report and compensation guidelines provided by the Judicial College (JCG).
The JCG is a document that lists many injuries, accompanied by their suggestive compensation brackets. The table below provides compensation guidelines from the JCG for different injuries, except from the top bracket.
| Reason For Compensation | Amount |
|---|---|
| Most Severe Injuries and Significant Financial Losses | Up to £1 million plus |
| Neck injuries - Severe (i) | In the region of £181,020 |
| Neck injuries - Severe (ii) | £80,240 to £159,770 |
| Injuries to the pelvis and hip - Severe (i) | £95,680 to £159,770 |
| Injuries to the pelvis and hip - Severe (ii) | £75,550 to £95,680 |
| Back injuries - Severe (ii) | £90,510 to £107,910 |
| Chest injuries (b) | £80,240 to £122,850 |
| Chest injuries (d) | £15,370 to £21,920 |
| Shoulder injuries - Severe | £23,430 to £58,610 |
| Shoulder injuries - Serious | £15,580 to £23,430 |
If you have been involved in an uninsured driver accident and would like to discuss your case, you can contact our advisors.
Examples Of Special Damages You May Claim
As mentioned above, compensation award amounts are usually based on two categories, general and special damages. General damages represent the actual injury itself with the amount of compensation awarded based upon the severity of the injury, the type of treatment required, and the length of time treatment is required. Also, the amount will depend on how long recovery is expected to take, if a full recovery is expected, or whether the claimant faces permanent health problems as a result therefore also affecting their quality of life and well-being.
Special damages, however, represent the financial implications suffering an injury may result in. These may include medical costs, travel costs, and care costs. They also include any loss of earnings or future loss of income that is expected.
No Win No Fee Uninsured Driver’s Compensation Claims
If you are eligible to make a personal injury claim for an uninsured driver accident, then you could seek support from a solicitor who has experience with this type of road traffic accident claim. If you contact our advisors, they could review your case, and if they determine you have a valid claim, they may connect you with one of our No Win No Fee solicitors.
One of our solicitors could support your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which means that you will not be required to pay any upfront or ongoing fees for your solicitor’s services. Also, should your claim prove unsuccessful, you won’t need to pay your solicitor for their services either.
If your claim is successful, then your solicitor will be paid a success fee. This is a small and legally capped percentage deducted from the compensation awarded to you.
To see if you could claim for a car accident with an uninsured driver with the help of one of our No Win No Fee solicitors, contact our advisors. They can offer you free advice. To reach them, you can:
- Call 0800 073 8804
- Use our 24/7 live chat service.
- Write to us using our online claim form.
Essential References
Uninsured Driver Car Accident Claims – This is another of our guides offering further information on making a claim if hit by an uninsured driver.
PTSD Caused By Road Traffic Accidents – This guide looks at how you could claim for psychological injuries caused by car accidents.
What should you do if injured in a car accident? – If you have been harmed in a road traffic accident, find out what you should do.
Death Caused By Dangerous Driving – If a loved one has lost their life due to dangerous driving, this guide may be helpful to you.
Car Accident Claims Time Limit – Here we offer advice on what to do regarding reporting a road traffic accident.
Motor Insurance Bureau MIB – This is the website for the MIB with lots of information on making claims for compensation.
Vehicle Insurance – The government website regarding vehicle insurance can be found here.
Driver And Vehicle Licensing Agency (DVLA) – Here you will find information from the DVLA and the rules surrounding having a vehicle on the roads.
How did the Highway Code change in 2022? – a guide discussing recent changes to the law.
Thank you for reading our guide on uninsured drivers accident claims.
