If you are injured in a road traffic accident caused by the negligence of a vehicle driver, you should be able to claim against their motor insurance because it’s compulsory to have insurance.
But we all know that not everyone has insurance. You only need to read local newspapers like Moray’s Northern Scot. Reports of criminal prosecutions where someone has either driven without insurance, or caused or permitted someone else to drive without insurance, are common.
In this article, we consider the procedures available for you to claim compensation if you have been injured by an uninsured driver.
The scale of uninsured driving
We are witnessing a reduction in the number of uninsured drivers on UK roads. According to the Motor Insurers’ Bureau (MIB), however, the figure is still over half a million drivers. The MIB is an agency set up by the government to compensate you if you are the victim of an uninsured driver or a driver who is untraceable after an accident.
Examples of untraced driver situations are:
- Hit and run accidents
- Diesel spills from unknown vehicles which cause other vehicles to skid and crash
The need for the MIB and the costs they accumulate by having to deal with uninsured claims has a knock-on effect for the rest of us driving on the roads. It is estimated that each of us has to bear more than £30 per annum in extra car insurance premiums to shoulder the burden of uninsured driving.
Claims through the MIB
The process for claiming for injury arising from the fault of an uninsured driver is different from a normal compensation claim. It’s crucial to understand the differences because, if you get it wrong, you might lose the right to claim.
In an uninsured case, the MIB can deal with your claim for damage to your vehicle and injury compensation but, if you have comprehensive insurance, they advise you to go through your own insurer for repairs to your vehicle.
It’s tempting to think of an MIB claim as “just filling in a form”, the document is lengthy and the legal language rather complex, in places. It may well be in your best interests to get specialist help from a personal injury solicitor with MIB claims experience.
Important eligibility points
Some points you should note are:
- You have to report your accident to your own insurers. In the early stages following an accident, you may not yet be aware that the other party is uninsured. Your insurers can use the Motor Insurers’ Database to determine whether or not there is insurance for the third party vehicle.
- You must also report the accident to the police as soon as possible after it, usually within 5 days.
Falling victim to an accident involving an uninsured driver means you will have increased time and inconvenience in sorting things out, compared to a “normal” accident where all necessary insurance is in place. If you make your claim through a specialist solicitor, you can have confidence that you will comply with all essential timescales and MIB requirements, thus getting the compensation which is due to you.
How we can help
If you have a question about a potential uninsured or untraced driver scenario – or about any aspect of our personal injury accident services – please give us a call on 01343 544077.
You can also send us a Free Online Enquiry.
All initial enquiries are free of charge and without obligation. If we cannot help you ourselves, we will do our best to refer you on to someone else who can.
