Can I claim compensation if I was hit by an uninsured driver?
If you have been unfortunate enough to be involved in an accident with an uninsured driver, can you claim compensation?
Thankfully, yes you can. Our solicitors can act for you on a no win, no fee basis provided you act reasonably with us. The Motor Insurers Bureau, known as the ‘insurer of last resort’ was set up to ensure that any victim who suffers a personal injury and losses as a result of an uninsured driver will be entitled to claim compensation. The MIB will carry out investigations like an insurer to establish the facts of a case. They may obtain the police report, engineer reports, witness statements and contact the DVLA following the accident. Following this investigation they will provide a response. The MIB have 6 weeks in which to try and make a decision. If they need more time then they have a further 3 months in which to investigate the matter and provide their comments.
According to the RAC:
- Up to 30% of drivers have driven without insurance at some time
- At any one time, 5% of motorists do not have any insurance cover
- These uninsured drivers cause more accidents than insured drivers
- 10% of all drivers have been involved in an accident with an uninsured driver
- Uninsured drivers are more likely to ‘hit and run’ than insured drivers
So, how do I make the claim?
The claim is worked in three stages:
- You must electronically submit the claim form. The MIB will then investigate your claim and respond within 30 days.
- When liability is admitted we must gather evidence of your injury. We will then have you examined by a medical expert who will prepare a report on your injuries. We will then prepare a settlement pack and submit this to the MIB. The settlement pack will include the medical report and details of any losses you have incurred as a result of your injury. The MIB can either accept the offer in the settlement pack or make a counter offer.
- If the offer cannot be agreed, we will proceed to apply to the court to have damages assessed. Most claims are settled at Stage Two.
What should I do if I suspect the Defendant is uninsured?
- If you have the registration number of the vehicle involved in the collision, we can usually use a specialist Database to ascertain the insurance position of the Defendant for you. You can also use the AskMID service to confirm whether the other vehicle involved in the accident is insured. A search can be done at the roadside immediately or at a later time if you are at all concerned.
- Make sure that you try and get the name of the other driver and the make and model of the vehicle. If the driver says they were driving a work’s vehicle then ask for their employer’s details as well.
- Try and get the details of any witnesses at the roadside.
- If the responsible party refuses to give insurance details at the roadside you can make a formal complaint to the police. Failure to provide insurance details upon request is a criminal offense.
- You need to contact your insurer to report the accident. It is a condition of your insurance that all accidents are reported to them.
- If you are fully insured you should make a claim for repairs through your own insurer. You should also keep details of any out of pocket expenses you have incurred together with receipts, as you may be asked to prove these losses at a later date.
How long do I have to make a claim against an uninsured driver?
Claims must be submitted within 3 years of the accident date if you are claiming for personal injury. They must be submitted within 6 years if you are only claiming for damage to your property (only applicable if you live in England or Wales). If you are a child at the time of the accident then you have 3 years from your 18th birthday in which to pursue a claim. A passenger, pedestrian or cyclist can pursue a claim for compensation against an uninsured driver.
The MIB does not have to pay damages in a claim where the Claimant knew or had reason to believe that the driver was not insured at the time of the accident. If you were a passenger pursuing a claim against the driver of your vehicle and you knew they were not insured when you got in their car, you can not pursue a claim via the MIB. Your only recourse would then be to sue the driver personally.
Equally, a passenger will be unable to pursue a claim against an uninsured driver if they knew or had reason to believe that the vehicle had been stolen or unlawfully taken.
How much could my claim be worth?
Find out instantly what your claim could be worth using our claims calculator. Click here or on the link below to get started.
Call and speak to a lawyer on 01244 312306