Making A Compensation Claim Against An Uninsured Driver

According to recent estimates, there are approximately 1.7 million uninsured drivers on UK roads today, which equates to roughly 1 in 12 of all road users . With so many people driving without insurance, it is hardly surprising to learn that one in ten of us will have been involved in an accident with an uninsured driver. When making a claim for a road traffic accident that wasn’t your fault, compensation is awarded by the third party’s insurer, so what happens when they are not insured?

Can I still claim If the driver is uninsured?

It is still possible to make a compensation claim, however instead being compensated by the third party’s insurance company, it will be provided by the Motor Insurer’s Bureau (MIB). Recognising that the lack of compensation offered the victims of collisions with uninsured drivers was unfair, the MIB was founded in 1946. In order to finance the number of claims against uninsured drivers, £30 is added to insurance premiums, which then goes towards the MIB compensation fund. Approximately 50,000 people receive their rightful reparation from the MIB each year.

Liability will still need to be identified and the MIB’s claim criteria met, but once fault has been proven to lie with the uninsured driver, the innocent party has rights to legal redress. The MIB will take into consideration the costs involved with repairing or replacing your vehicle, loss or damage to property, hire charges and treatment for any pain or suffering you may experience. Once the claim has been proven, all legal fees will be covered by the MIB.

Making a claim

Before making a claim with the MIB, follow these steps:

• To determine whether a driver is uninsured make enquiries with the motorist them self and, if possible, with the DVLA.
• Should you they that they are without insurance, make a formal complaint with the police. If the motorist has refused to give you their insurance information, they are committing an offence under Section 154 of the Road Traffic Act (1988).
• Get in touch with your insurance provider and legal expense insurers to inform them of the incident.