I Was Injured In A Car Accident Without Insurance, How Do I Make A Claim?
By Cat Way. Last Updated 27th May 2022. Welcome to our guide, which answers the question “Can you claim compensation if injured in a car accident without insurance?” We answer other frequently asked questions such as “Can I claim for a car accident without insurance if it’s my fault?” and “What happens to uninsured drivers in an accident in the UK?”
Have you suffered an injury in a car accident without insurance? Perhaps you have been hit by an uninsured vehicle on the road? If so, this guide will explore how you can make a claim if you have been in a car accident without insurance and were not at fault.
Guidance on what happens to uninsured drivers in an accident in the UK
Below, we’ll also explore issues such as:
- Can I claim if I had a car accident in someone else’s car without insurance?
- I had a car accident without insurance that was my fault. Can I still claim?
- How does a car accident settlement without insurance work?
- What happens if I had a car accident without insurance that was my fault?
Although valid insurance is a legal requirement across the UK, some drivers still aren’t insured on their car. There is a chance you could suffer a road traffic accident where the other driver is uninsured. This article will discuss what would happen if this was the case and you wanted to claim.
Some people assume that if you’re in an accident with a driver who doesn’t hold insurance, then you’re not able to claim. This isn’t true. Our guide will give you the information you need to feel comfortable and confident in making a claim against an uninsured driver.
Get In Touch With Our Team
If you have experienced a car accident without insurance and want to know more about making a personal injury claim, our team of advisers can help. They will be happy to have a chat with you to learn more about your road traffic accident and injuries.
You can call our friendly team of advisers on 020 3870 4868 to have a chat about your accident and subsequent injuries. Once they have the information they need, they may be able to forward you to our panel of lawyers who can help you with your claim.
Alternatively, you can begin your claim online, and an advisor will get back to you at your earliest convenience. If you’d like an instant reply, you can use our live chat pop-up box, where you will receive an instant response. Don’t hesitate to get your claim started today – we can help.
Services And Information
- Everything You Need To Know About Being Injured In A Car Accident Without Insurance
- What Is A Car Accident Without Insurance?
- Statistics On Uninsured Drivers
- What Motor Insurance Do You Need In The UK?
- Compensation Payouts For Car Accidents Without Insurance In 2022
- Can You Claim For A Car Accident Without Insurance?
- Could I Claim If Someone Else Caused The Accident?
- Can You Claim If You Are Insured But The Other Driver Is Not
- Could You Claim If A Party Other Than The Driver Was Insured?
- Uninsured Driver Claims Through The Motor Insurance Bureau
- How Much Time Do I Have To Claim For A Car Accident Without Insurance
- I Suffered An Injury In A Car Accident, What Should I Do?
- Can Claims For Car Accidents Without Insurance Be Handled On A No Win No Fee Basis?
- Other Information Relating To Relating To “I Had A Car Accident Without Insurance, Is It My Fault?
- FAQs About Car Accident Injury Claims
This article discusses how to make a personal injury claim regarding a car accident in which the other driver was not insured. Without insurance on the other driver’s car, you may be wondering whether you can make a personal injury claim.
In the UK, it is illegal to drive a car without insurance. The penalty is 8 points on your driver’s license and a fine. If you have a car accident without insurance and file a claim, the uninsured driver could have their car seized by the police.
Although you can claim against another driver for a car accident without insurance, the process can differ from a claim against an insured driver.
There are various different ways that a car accident can occur. There are also many different kinds of accidents that can result in a person being injured and it could happen to any road user. You could be injured in a pedestrian accident, as a cyclist hit by a car or any other road user. One example is a T-Bone or side-impact road traffic accident. This is when one car crashes into the side of another. It can happen if one driver turns without checking to see if another car is coming. Accidents can also happen if you’re hit by a car at a junction, a roundabout, or as the result of an undertaking car driving dangerously.
Another kind of car accident that can occur on a public road is a head-on collision. This is where two cars drive towards each other and crash into the front of each other. A crash of this kind could occur if one vehicle was driving down the wrong side of the road.
Road traffic collisions can cause significant injuries to both parties. The above graph displays Department for Transport statistics regarding the severity of reported road traffic accidents in the year ending June 2021. It shows that, while car occupants are more likely to be slightly injured than seriously injured or killed, death or serious injury is a possible outcome of a car accident. While these statistics don’t relate directly to drivers without insurance, we can infer that some of these accidents may have involved a vehicle that was uninsured.
What happens to uninsured drivers in an accident in the UK?
If you were involved in a car accident without insurance, and the police find out you were driving without insurance, you could be fined.
There is a fixed penalty charge of £300, and you could receive 6 penalty points on your licence. However, if the case goes to court, you may end up being disqualified from driving. You could also receive an unlimited fine.
According to recent statistics on uninsured driver accidents in the UK, 130 people each year are killed due to uninsured drivers. There are also 26,000 injuries suffered every year due to collisions with uninsured or untraced drivers.
The statistics state that this means uninsured or untraced drivers roughly cause at least one casualty every 20 minutes across the UK and that 1 in 5 collisions involve an untraceable or uninsured driver.
According to MIB reports, uninsured drivers are also more likely to commit other road crimes, such as hit and runs, driving under the influence and using stolen vehicles. Overall, collisions involving uninsured or untraced drivers could cost nearly £2 billion a year in emergency services, property damage and medical care.
If you’ve been affected by a car accident without insurance that was not your fault in the UK, you could still potentially claim compensation. Why not get in touch today to find out more?
At the very least, every driver in the UK must have third-party vehicle insurance by law. This will cover any payouts for damage or injury you may cause to another driver during an accident. However, it doesn’t cover the costs of any damage to your vehicle. For that, you would need fully comprehensive insurance.
The Road Traffic Act 1988 states that an individual must not drive a car on a public road if they do not have motor insurance. It’s a criminal offence to drive without insurance.
If you’ve been injured in a car accident caused by another’s negligence, but the faulting driver did not have insurance, you could still potentially claim car accident compensation. As aforementioned, you would do this through the MIB.
The MIB still calculates compensation similarly to legal professionals in general personal injury claims, using relevant evidence and the Judicial College Guidelines (JCG) to help value car accident claim payouts.
You can find some examples of brackets from the 2022 edition of the JCG in the table below, but it’s important to remember that these are only guidelines. If your claim is successful, the actual compensation you may receive could differ.
|Shoulder Injuries (a)||Severe||Associated with neck injuries with severe damage to the brachial plexus.||£19,200 to £48,030|
|Brain or Head Injury (e)||Minor||Little to no brain damage, with consideration given to injury severity and recovery time.||£2,210 to £12,770|
|Injuries to the Pelvis and Hips (a) (i)||Severe||Extensive pelvis fractures involving, for example, dislocation of a low back joint and a ruptured bladder.||£78,400 to £130,930|
|Injuries to the Kidney (a)||N/A||Damage to or loss of both kidneys.||£169,400 to £210,400
|Back Injuries (a) (i)||Severe||Damage to the spinal cord and nerve roots. Severe pain and disability with incomplete paralysis and and significantly impaired bladder, bowel, and sexual function.||£91,090 to £160,980|
|Injuries to the Digestive System (a) (iii)||Traumatic||Penetrating stab wounds, or severe seat belt pressure injuries.||£6,610 to £12,590
|Arm Injuries (a)||Severe||Injuries which fall short of amputation but are serious, leaving little to no use.||£96,160 to £130,930|
|Above Knee Amputation of One Leg (a) (iii)||N/A||Above knee amputation of one leg with consideration given to recovery time and use of prosthesis.||£104,830 to £137,470|
|Hand Injuries (a)||Loss of both hands||Total or effective loss of both hands.||£140,660 to £201,490|
|Finger Injuries (f)||Severe||Severe finger fractures that may lead to amputation.||Up to £36,740|
The figures in the table above relate to general damages. This is the compensation for your injuries and the effect they have on you and your life. However, you may also be entitled to special damages, which covers the financial costs related to your injuries. This could include:
- Loss of earnings
- Travel expenses
- Medical bills
- Damage to your vehicle
- Domestic help, such as housekeeping or childcare
Contact our advisors today to learn more about making a car accident claim and what you could claim for under special damages. They can offer you a free consultation and an estimate of what your claim could be worth.
Making a claim for a road traffic accident without insurance is possible. An uninsured driver could pursue a personal injury claim and claim compensation against the driver at fault.
However, even though an uninsured driver can make a claim against the driver who is at fault for the accident, it is illegal to be uninsured. This means that the uninsured driver will be fined by the police for being on the road illegally, and their car will be seized.
If you have a fully comprehensive insurance policy, this means your own insurance company can pay out following an accident. You could make a claim to cover the costs of your vehicle damage.
Even if you weren’t at fault, your insurance premiums could increase, and you may lose your no-claims bonus. This is because your insurance is paying out for the costs of the damage to your car, rather than the other parties’ insurance compensating you for it.
I was in a car accident without insurance in the UK, is it my fault and do I have to pay for the damage?
If you were involved in an accident with a driver who doesn’t hold insurance, you could also claim through the Motor Insurers’ Bureau (MIB). They are a non-profit organisation that provides compensation where the usual routes to compensation (for example, through an insurance company) are difficult or impossible to achieve. The MIB will be able to pay you compensation for your injuries as well as vehicle repair.
However, if it was your negligent behaviour that caused the accident, you would not be able to claim compensation for your injuries. You may also struggle to make a split liability claim, where both parties admit some responsibility, if the other party is uninsured.
What happens if I was in a car accident without insurance that wasn’t my fault?
If you suffered injuries in an accident with a road user that didn’t have insurance, and it wasn’t your fault, you could claim. The Motor Insurers’ Bureau could process a claim for an uninsured driver’s accident victim.
What steps can I take in the UK if I was in a car accident without insurance that was not my fault?
There are various things you could do if you’re in a car accident with a driver without insurance. Firstly, you could seek medical attention. You could also record footage or take photos of the accident scene. If possible, you could gather witness contact details. There may even be dashcam footage of the incident. All this could help you claim.
You could also consider claiming against an uninsured driver or through the Motor Insurer’s Bureau. We could give you guidance on which route to compensation you could take.
What if I was in a car accident without insurance where a company vehicle hit me?
All vehicles on the road are required to have a minimal amount of insurance. The minimum insurance policy is third party. Company cars or vans should all be insured so that if the driver is at fault for the accident, a victim could claim compensation. If you have been involved in an accident with an at-fault company car that has no insurance call our advisors. We could give you information on how to proceed with a claim.
There are two ways you can make a claim against an uninsured driver:
Uninsured drivers claims / comprehensive cover
If you have comprehensive insurance, you can claim for damage to your car through your insurance provider. However, in doing this, you may lose your no-claims bonus. Even if this doesn’t happen, your insurance provider could increase your premium upon renewal. You won’t be able to receive payment for your injuries when claiming through comprehensive cover either.
Motor Insurer’s Bureau (MIB)
If you don’t have comprehensive insurance, you could claim through the MIB. This means you could keep your no-claims bonus, and your car insurance premium costs may not go up.
The Motor Insurer’s Bureau will consider claims for vehicle damage and personal injury where these claims can’t be made elsewhere, such as to an insurance company.
Bad road conditions can cause dangerous, preventable road traffic accidents to occur. Local authorities, such as the local council, are responsible to ensure the roads are as safe as reasonably possible for drivers.
If the local council neglects this responsibility and breaches their duty of care, you may be able to file a claim with a personal injury lawyer. You could claim special and general damages for this type of car accident.
You should always ensure you provide evidence when claiming for a car accident caused by road conditions. This could be pictures of your injuries, witness statements, and images of the hazards on the road. Evidence such as this will help strengthen your claim for compensation.
If you’d like to begin your personal injury claim for a road traffic accident due to road conditions, get in touch with our team of advisors today. They provide 24/7 free legal advice and can forward you to our panel of personal injury lawyers after learning more about your injuries.
If you are an insured driver and you get into a road traffic accident with an uninsured driver, your personal injury solicitor could make a claim through the Motor Insurance Bureau (MIB).
The MIB pays you compensation on behalf of the uninsured driver. It is paid for through the insurance premiums of all motorists. The process is similar to that of a standard personal injury claim after a road accident.
Get in touch with our team of advisors today. They can offer you free legal advice regarding making a personal injury claim through the Motor Insurance Bureau. Once you’ve had a chat with an adviser, you are under no obligation to continue with our services.
However, if you’d like to begin your personal injury claim, we can pass you on to our expert panel of lawyers. They can then discuss No Win No Fee agreements, telling you what percentage solicitors take in success fees and beginning your personal injury claims process. Our panel of personal injury lawyers can help you get the compensation you deserve
The personal injury claims time limit is generally three years. That’s three years from when you suffer the accident or discover your injuries are due to the car accident. If you are under 18, however, the three-year time limit begins on your 18th birthday.
While you’re still underage, a friend or family member can act as a litigation friend to pursue the claim on your behalf. Similarly, if you are mentally incapacitated, the personal injury claims time limit begins if you regain your mental capacity. You would then also have the same 3 years. Otherwise, someone you trust can become a litigation friend to file the claim for you.
We recommend you get in touch with our team of advisors as soon as possible to ensure you are within the three-year time limit. Our advisors are available 24/7 and can offer you free legal advice.
They can have a chat with you about your accident and injuries. If they feel you have a valid claim, they can then forward you to our expert panel of lawyers. You shouldn’t have to suffer because of someone else’s irresponsible driving – let our panel of solicitors help you.
If you have suffered an injury in a car accident, we strongly recommend you work with a personal injury lawyer to give your claim the highest chance of success. Our panel of lawyers includes fully qualified and experienced personal injury solicitors who can help with your claim.
We understand this can be a daunting and stressful time for you. We’re here to help guide and support you through it. Our panel of lawyers will work hard to help you receive the compensation you deserve.
When you contact our friendly team of advisors, they can chat with you about the details of your car accident and offer free legal advice. They can then connect you with our expert panel of lawyers who can discuss No Win No Fee agreements with you too.
Our panel of personal injury lawyers would be happy to work with you on a No Win No Fee basis provided your claim has a good chance of success. No Win No Fee agreements are popular among claimants as there are no solicitor fees to pay unless your case succeeds.
If your case fails, you don’t have to pay anything for the time your solicitor has spent working on your claim. If your case succeeds, your lawyer will deduct a small, legally capped percentage of your compensation. These are known as success fees). This percentage will be discussed with you beforehand, and you’ll always receive the majority of the compensation that’s paid to you.
As the personal injury claims time limit is three years, we recommend you get in touch with us today. Our team of advisors can speak with you about your claim. If your claim has a good chance of success, they can connect you with our experienced, professional panel of lawyers.
You can contact us by:
- Calling us on 020 3870 4868. Our team of advisors are available 24/7 to offer free legal advice.
- Using our live chat pop-up box for an instant reply.
- Starting your claim online. An advisor will get back to you at your earliest convenience.
Personal Injury Claims: Have you suffered an accident that may not have been your fault? Our guide explores how you can make a personal injury claim to gain compensation.
Road Traffic Accident Solicitors: If you have suffered a road traffic accident, our article guides you through the personal injury claims process.
Claim for a Car Accident That Aggravated a Pre-Existing Condition: Learn how to claim compensation if a car accident that was not your fault led to an existing condition worsening.
What Happens If I Am Hit By An Uninsured Driver? – Uninsured Motorist Compensation In The UK: If you have been hit by an uninsured driver, our guide discusses how you can make a personal injury claim to compensate for your injuries.
How do I know if I’ve Broken a Bone?: If you suspect you may have a broken bone injury, this NHS article contains the signs and treatment.
Broken Arm or Wrist: Do you suspect you may have a broken arm or wrist injury? This NHS guide includes the treatment and recovery time.
The Highway Code: The Highway Code provides guidance to the duty of care that all road users owe to one another.
Do I legally have to have car insurance to drive?
Yes. It’s an offence to drive a vehicle on a public road if you don’t have at least third party insurance.
How is the MIB funded?
The Motor Insurer’s Bureau is funded by the insurance premiums paid by drivers. Every insurance underwriter who provides compulsory motor insurance must be a member of the MIB.
What to do if you get into an accident with someone who doesn’t have insurance.
If you suffer a car accident with someone who doesn’t have insurance, you can claim through the Motor Insurer’s Bureau if they were at fault.
Thank you for reading this guide. Hopefully, we’ve now explained what happens to uninsured drivers in an accident in the UK. If you’re still asking “I was in a car accident without insurance, is it my fault and could I claim?” please call our team for advice.