I Was Injured In A Car Accident Without Insurance, How Do I Make A Claim?
By Danielle Fletcher. Last Updated 27th January 2023. 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
- What Is A Car Accident Without Insurance?
- What Motor Insurance Do You Need In The UK?
- Compensation Payouts For Car Accidents Without Insurance
- What Happens If You Crash Without Insurance In The UK?
- Could I Claim If Someone Else Caused The Accident?
- Can You Claim If You Are Insured But The Other Driver Is Not
- How Much Time Do I Have To Claim For A Car Accident Without Insurance
- Can I Claim For A Car Accident With A No Win No Fee Solicitor?
- Other Information Relating To Relating To “I Had A Car Accident Without Insurance, Is It My Fault?
- FAQs About Car Accident Injury Claims
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.
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.
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.
Many people often wonder, ‘what happens if you crash without insurance in the UK?’. If you are injured in an accident that was caused entirely by your own negligence, you will not be able to claim compensation. However, you may still be able to claim a partial payout if you can prove you were not fully to blame.
However, if you had an accident as an uninsured driver yourself, it complicates the process of making a claim. Whilst you would be permitted to make a claim if you were injured as an uninsured driver yourself, it is also illegal to drive without an insurance policy in place. Therefore, it would be uncovered that you were breaking the law whilst also sustaining your injury. Legal action could then be taken against you.
If you have any questions regarding your eligibility to claim, get in touch with our advisors today. We are here 24/7 to answer any queries you may have regarding your claim. The more information we have about your specific circumstances, the more accurately we will be able to help you. We can also give you a valuation of any potential claims.
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.
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 suffered injuries in a car accident that was not your fault, you could be eligible to claim compensation, including if you were hit by an uninsured driver. You may wish to use the services of a No Win No Fee solicitor for your road traffic accident claim. They may represent you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When your solicitor represents you on a No Win No Fee basis, they generally won’t ask you for an upfront payment to cover their services or to pay any ongoing solicitors fees. If your solicitor cannot secure you compensation, they usually aren’t going to ask you to pay for their services. A success fee will be taken out of your award by your solicitor should they recover compensation. The percentage they can take is limited by the law.
Call our advisors if you were hit by a driver that had no car insurance. All the advice they offer is free. Additionally, they can check your claim’s eligibility. If it is valid and you would like to proceed with our services, you could be connected with our panel of solicitors.
To speak to an advisor:
- Call 020 3870 4868
- Use our live chat at the lower righthand of your screen.
- Use our form to start a claim online.
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.
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.
I was in a car accident that was my fault – What happens in the UK?
If you were solely to blame for how the accident occurred, you could have a claim made against you for negligence if your actions have caused others to be injured. If the claimant is successful, they would be awarded compensation by your insurance provider.
However, it’s possible to only be partially responsible for an accident that leads to others being injured. If so, in the event of a successful claim being made against you, the settlement your insurance company provider would be required to pay out would be reduced.
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.