In 2018, there were reported to be roughly 95,280 uninsured drivers in England and Wales. In that same year, 26,000 injuries were caused by uninsured drivers. The extent to which uninsured drivers are involved in car accidents begs the question: how does a victim receive compensation if the at-fault party doesn’t have insurance?
If you are involved in an accident with an uninsured driver, it is still possible to make a compensation claim. However, instead of being compensated by the third party’s insurance company, compensation will be provided by the Motor Insurers’ Bureau (MIB). Recognising that the lack of compensation offered to victims of collisions with uninsured drivers is unfair, the MIB was founded in 1946 to help tackle this problem. In order to finance claims against uninsured drivers, £30 was added to insurance premiums, which then goes towards the MIB compensation fund. Approximately 50,000 people receive their rightful reparation from the MIB ever year by utilising their right to claim uninsured driver compensation.
Liability does still need to be proved and the MIB’s claim criteria needs to be met in order for the claim to be successful. However, once it has been proven that the fault for the accident lies with the uninsured driver, the innocent party has the right to receive compensation. The MIB will take into consideration the costs involved in repairing or replacing the damaged vehicle, any loss or damage to other property which may have occurred, the costs of hiring a temporary car, as well as an acknowledgement of the pain and suffering you have experienced. Any other financial costs that were caused by the accident or your injuries, such as the need for physiotherapy, could also be paid for through compensation. When the claim has been proven, all legal fees will be covered by the MIB.
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Before making a claim with the MIB, you should ensure that you determine whether a driver has insurance, questioning the motorist at the scene and then following this up later through their insurance details that you have collected. To check this information, you should contact the Driver and Vehicle Licensing Agency (DVLA) ideally.
If you find that the driver is without insurance, you should make a formal complaint to the police if you feel comfortable. It is illegal to drive without insurance. If a motorist has refused to give you their insurance information, this is also a criminal offence under Section 154 of the Road Traffic Act (1988). Finally, you should contact your insurance provider and legal expense insurers to inform them of the accident and situation.
Claiming through the MIB can sometimes be complicated and time-consuming. However, seeking advice and representation from a personal injury solicitor can often help reduce the legal burden and speed up the process. Our road traffic accident experts are always happy to answer any questions and help you with your claim against an uninsured driver.
Making Personal Injury Claims
If you have been involved in an accident with an uninsured driver, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.
First Personal Injury works with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury.
*Please note – With regards to No Win No Fee - In limited circumstances, fees may be charged when your accident claim is not successful. These specific limited circumstances will be explained to you by your Solicitor.
The Citizen's Advice Bureau says it's our "civil and legal right" to make an accident claim. But 69% of us don't make an accident claim. Don't miss out on what's rightfully yours.
First Personal Injury is a trading name of Jefferies Solicitors Limited. Jefferies Solicitors is a limited company registered in England and Wales under registered number - 07451340.
Authorised & regulated by the Solicitors Regulation Authority and subject to the Solicitor's Code of Conduct details of which can be found at www.sra.org.uk/code-of-conduct.page. (SRA number 554864)
Head Office: Jefferies Solicitors (trading as) First Personal Injury, The Triangle, 8 Cross Street, Altrincham, Cheshire, WA14 1EQ - 0161 908 5100
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