Uninsured Driver Compensation
Still Possible to Claim
Road Traffic Accident Claims / Uninsured Driver Compensation
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?
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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.
Making an Uninsured Driver Compensation Claim
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.
How Much Compensation?
All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. Compensation is understood by looking at two specific factors: general damages and special damages.
The pain and suffering that your injuries have caused are main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to based upon your injuries.
In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed. With the exception of children, there is a three-year time limit on making a personal injury claim. This time limit begins from the date that the accident initially occurred. Therefore, you should contact a personal injury solicitor as soon as possible to assess your case.
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.