What Happens If An Uninsured Driver Hits Me?

Road Traffic Accidents Involving Uninsured Drivers

Welcome to our guide focusing on the question, ‘what do I do if an uninsured driver hits me?’

If you are in a road traffic accident (RTA), then it is a legal requirement under the Road Traffic Act 1988 to exchange certain details with other road users involved in it. Among the details you should exchange with vehicle drivers involved in your accident is their insurance details. 

In some cases, however, it may turn out that a driver involved in the road traffic accident you’ve had is uninsured. It can be frustrating to discover this issue, particularly if the uninsured driver is the one who caused the road traffic accident.

uninsured driver hits me

What to do if an uninsured driver hits me

You may be asking questions such as ‘what can I do when an uninsured driver hits me?’ If you are hurt in a road traffic accident caused by an uninsured driver, then it could still be possible to receive compensation to which you are entitled.

In this guide, we will go through what legal options you may have if you’re affected by a road traffic accident involving an uninsured driver.

Get In Touch With Our Team

You are welcome to get in touch with UK Law today for free specialist advice if you’re considering a road traffic accident claim. Our panel of lawyers can also support you with other types of personal injury claims.

You can speak to us online through either our live chat service, with the website’s online claim form or our call back form. You can also speak to our advisors on the phone by calling 020 3870 4868

Services And Information

  1. Everything You Need To Know About Claims When Uninsured Driver Hits Me
  2. What Are Road Traffic Accidents With Uninsured Drivers?
  3. Steps You Should Take If The Other Driver Is Uninsured
  4. What Evidence Should You Collect?
  5. How Will The Incident Impact My Insurance Policy?
  6. Calculate Compensation If An Uninsured Driver Hits Me
  7. How Do You Check If The Other Driver Is Insured?
  8. What Happens If The Other Driver Can’t Be Traced?
  9. Can You Claim Against An Uninsured Driver Via The MIB?
  10. Should You Report Accidents With Uninsured Drivers To The Police?
  11. Road Traffic Accident Claim Limitation Period
  12. Can I Claim If An Uninsured Driver Hits Me On A No Win No Fee Basis?
  13. Contact Us For More Support
  14. Road Traffic Accident Claims Guides
  15. FAQs About Road Traffic Accidents With Uninsured Drivers

Everything You Need To Know About Claims When Uninsured Driver Hits Me

Road traffic accidents have the potential to cause a lot of different injuries. They can cost a lot financially as well. RTAs can be particularly dangerous if you are a pedestrian or cyclist who gets hit by a driver. So it can be very frustrating and concerning if you find out that the driver who hit you in the RTA turns out to be uninsured. 

Some people may be concerned that receiving compensation may be complicated if they are hurt by an uninsured driver. However, as you’ll see, we can help you get around this issue.

Read on to learn more about what you can do to claim the compensation you’re entitled to if you are hit by an uninsured driver. We’ll answer relevant questions such as what evidence to collect for your claim. We will also advise on how you can check if a driver is insured. 

We’ll discuss the options available if another driver is uninsured or untraced. We’ll also look at potential compensation amounts, time limits for claiming and No Win No Fee claims.

If you would like to speak to an advisor about making a road traffic accident claim, then you can contact UK Law online or by phone for free support.

What Are Road Traffic Accidents With Uninsured Drivers?

Even though the Road Traffic Act 1988 legally requires you to have insurance for the vehicles you use, there are road users who do risk driving without appropriate insurance. 

The Motor Insurers’ Bureau estimates that every year in Britain, collisions caused by either untraced drivers or uninsured drivers kill more than 130 people and injures a further 26,000. That means almost one in every five RTAs are linked to such drivers.

If you are involved in a road traffic accident caused by another driver, then the liable driver’s insurer usually covers any compensation you’re entitled to. This is not possible, however, if the driver responsible for the accident is uninsured or can’t be traced. 

This complication can make the process of claiming compensation for an RTA more complex. This shouldn’t, however, discourage you from pursuing a claim if you have legitimate reasons to make one.

The graph you see above is from the Ministry of Justice and their Criminal Justice Statistics report for 2019. It shows the different types of motoring offences which UK defendants got prosecuted for during 2019. 

It also shows how frequently different types of motoring offences led to prosecution by percentage. Over 20% of the defendants who were prosecuted due to a motoring offence in 2019 were charged with a vehicle insurance-related offence (such as driving without insurance).

Steps You Should Take If The Other Driver Is Uninsured

If an uninsured driver hits you, then you should try to get certain information from that driver following the accident, such as:

  • The licence plate number of their vehicle
  • Their name and address
  • Their contact details

You should also exchange your name, address, insurance details and contact details with any other road users caught up in the accident. This is a requirement of the Road Traffic Act 1988.

If the driver who hit you is uninsured, then they may be unwilling to share their details with you. They may give you fake information or flee the scene before you can even talk to them. That’s why it’s so important to get the licence plate number of the vehicle used by the uninsured driver.

A road traffic accident involving an uninsured driver should be reported to the police. Report the incident to them within 14 days from when the incident occurred if you were injured. If damage to property occurred, then you should make your report within five days. If you don’t report the accident to the police in time, then this could affect your ability to claim compensation.

After reporting the accident to the police, you may then wish to hire a solicitor who can assist with starting a compensation claim for the accident. Claims involving uninsured or untraced drivers should be submitted to the Motor Insurers’ Bureau. This is something we can help you with. Get in touch to learn more.

What Evidence Should You Collect?

If you are hit by an uninsured driver, then it helps to have as many details as possible to share in your report to the police and your potential compensation claim. 

Types of evidence you could collect following the accident can include:

  • The make, model and registration number of the uninsured driver’s vehicle.
  • The name, address and contact details of the uninsured driver (if possible).
  • Contact details of any witnesses who saw your accident.
  • Photos of the accident scene, including injuries you experienced due to the accident.
  • Dash Cam or CCTV footage of the accident (if any is available).
  • A copy of the police report on the accident.

You can contact UK Law for free advice from our advisors on what evidence you could collect for your potential claim.

How Will The Incident Impact My Insurance Policy?

Some people may worry about what will happen to their insurance policy if an uninsured driver hits their vehicle. That’s because claiming on your vehicle insurance policy can remove your no claims bonus plus other excesses. 

It does, however, depend on the circumstances of the accident you’re in and whether or not you have special protections in place.

Your insurance policy may include special protections which stop you from having to pay extra on renewal if you’re in a road accident with an untraced or uninsured driver. It’s worth reviewing the policy you have for your vehicle if you’re unsure about what protections you have. 

Some insurance providers may offer to waive your excess fee if you’re in an accident with an uninsured driver. You may also be guaranteed by your insurer that your no claims discount will stay protected if it’s confirmed that the driver who caused your accident was uninsured.

Some insurance policies may require you to pay your excess fee when claiming for an accident involving an uninsured driver. However, you may be offered a promise that your no claims discount won’t be affected and you’ll get your excess fee refunded if the claim is settled in your favour.

Calculate Compensation If An Uninsured Driver Hits Me

A question people may ask while claiming for an accident caused by an uninsured driver is what amount of compensation they could receive. The final payment you could receive following a successful claim depends on several factors. They include the exact injuries caused by the accident and how severe those injuries are. How much of an impact the injuries have had on your life is taken into account also.

You can view the table below for estimated compensation payouts you may receive for certain injuries after being hit by an uninsured driver. Payments such as the examples in the table may be offered to compensate for injuries under ‘general damages’—this relates to the physical pain and suffering caused by the injuries.

The estimates are provided by guidelines from the Judicial College. These guidelines are a regularly updated publication which lawyers may use to work out the value of claims.

InjurySeverityCompensation
Brain or Head InjuryVery Severe£264,650 to £379,100
Brain or Head InjuryModerately Severe£205,580 to £264,650
Brain or Head InjuryLess Severe£14,380 to £40,410
Brain or Head InjuryMinor£2,070 to £11,980
Back InjurySevere£36,390 to £151,070
Back InjuryModerate£11,730 to £36,390
Back InjuryMinorFrom around £2,300 to £11,730
Neck InjurySevere£42,680 to in the region of £139,210
Neck InjuryModerate£7,410 to £36,120
Neck InjuryMinorFrom around £2,300 to £7,410

In addition to compensation for general damages, you may also be compensated for ‘special damages’. Payments for special damages are designed to cover you for financial losses directly linked to your accident and subsequent injuries. 

The cost of medical treatment for your injuries is one example of a financial loss that may be covered by special damages. Any earnings you’ve lost due to having to take unpaid time off work to recover from your injuries is another example.

You can contact UK Law for a more specific compensation estimate which reflects the circumstances of your case

How Do You Check If The Other Driver Is Insured?

Want to check if a driver who hit you is insured on their vehicle? You can contact your insurance provider. Alternatively, you could contact the Motor Insurance Database (MID) and request they check the insurance details of a vehicle through the askMID database. 

You will need the registration plate details of the vehicle you want to check. You’ll also need to provide registration details of your own vehicle. Take note that you will have to pay to use this service. It is only intended for use if you’ve been involved in a road traffic accident.

What Happens If The Other Driver Can’t Be Traced?

If a driver hits you and they do not stop at the scene of the accident, then it may not be possible to trace them. Any information you or witnesses can provide on the driver or their vehicle could eventually lead to them being identified and found even if they fled the accident scene. Unfortunately, however, this is not always possible.

Should a driver who hits you prove to be untraceable, you should report the incident to the police. They may be reluctant to investigate it if you have no injuries or received only minor ones. It is still worth reporting regardless since it could strengthen your compensation claim.

If you report the incident, then you should be provided with a police report. This could then be used as evidence when making your compensation claim with the Motor Insurers’ Bureau. Any claims for damage need to be made within six years from the date of the accident.

Can You Claim Against An Uninsured Driver Via The MIB?

The Motor Insurers’ Bureau (MIB) is an organisation that specialises in compensating victims of road traffic accidents caused by uninsured or untraced drivers. Since an insurance company can’t step in, the MIB can be very helpful to those hit by uninsured drivers.

The MIB can provide compensation for injuries, property damage (including vehicle damage) and certain financial losses.

How does the MIB investigate cases?

When you submit a claim to the MIB, an investigation will be made into the accident and its cause. If the driver considered at fault for the accident is untraced, then the MIB will attempt to find this driver. Should the driver be found and have insurance, then a personal injury claim can be made against the driver’s insurance provider in the usual manner.

If the driver remains untraced, the MIB investigations may still find that this driver is at fault for the accident. The organisation will therefore pay compensation to those hit by the untraced driver. 

If the driver can be identified but is uninsured, the MIB will look at the circumstances of the accident and determine if the uninsured driver caused the accident. If the uninsured driver is considered responsible, then the MIB will compensate those hit by them.

When can’t you claim through the MIB?

You should only submit a compensation claim to the MIB if you’ve been in a road traffic accident caused by an uninsured or untraced driver. In most circumstances, you will have to submit your claim to the MIB within three years of when the accident occurred if it caused personal injuries. If it has been more than three years since the incident, then you may be ineligible to claim through the MIB.

Should You Report Accidents With Uninsured Drivers To The Police?

Under the Road Traffic Act 1988, motorists should report a road traffic accident to the police where people, property or animals have been injured or damaged. Any road traffic accident involving an uninsured driver should be reported to the police, so make sure they are made aware of it in time.

Claims involving personal injury should be reported to the police within fourteen days from the day the incident occurred. Claims involving damage to property, including damage to your car, should be made to the police within five days from the day of the incident.

Road Traffic Accident Claim Limitation Period

A question some RTA victims could ask may be along the lines of ‘how long do I have to start a claim when an uninsured driver hits me?’ The standard time limit for making a compensation claim with the MIB is three years from the date the accident took place. This time limit applies to personal injury claims in most circumstances.

Under certain conditions, the time limit can be changed. For example, it is six years if you’re only claiming for damage to property (or five years in Scotland).

If a child is injured by an uninsured driver, then the time limit for claiming does not start immediately for that child. The three-year limit only kicks in when the child reaches the age of 18.

A child cannot start a personal injury claim on their own behalf. However, a representative known as a litigation friend may be able to start a claim on the child’s behalf.

The time limit for starting a claim can also work differently if the victim lacks the mental capacity to claim on their own behalf. If this applies, then the three-year time limit for claiming is frozen. 

Like with children, a claim could be started on behalf of the victim by a litigation friend. If the victim manages to recover enough mental capacity to act on their own behalf, then the three-year time limit for claiming will become active.

Can I Claim If An Uninsured Driver Hits Me On A No Win No Fee Basis?

At UK Law, we can advise on compensation claims against uninsured drivers which are made on a No Win No Fee basis. If you sign a contract with a lawyer to support your claim, then you may sign a No Win No Fee agreement. This type of agreement can offer you several financial benefits, including the following:

  • If your claim proves unsuccessful, you will not be required to pay your solicitor’s legal fees. This gives your solicitor a lot of incentive to work hard on your case since they face extra risk.
  • No legal fees need to be paid upfront to your solicitor.
  • You won’t be required to pay legal fees during the process of your claim either.

If your No Win No Fee claim succeeds, then a small percentage of your compensation will be deducted by your solicitor to cover their legal fees. The amount your solicitor can charge is capped by law.

Contact Us For More Support

You can contact UK Law today for advice on making a personal injury claim against an uninsured or untraced driver. We can help with popular queries such as ‘what do I do when an untraced or uninsured driver hits me?’ 

Our panel of lawyers can also advise on numerous other types of personal injury claims. You can reach us through the following methods:

Road Traffic Accident Claims Guides

Looking for more advice on claiming compensation for a road traffic accident? You can check out our related guides below:

What To Do If You’re Hit By A Car As A Pedestrian

This guide explains the steps to take if you are involved in a road traffic accident as a pedestrian.

What Are Car Accident Victims Rights?

In this guide, we discuss your legal rights if you’re injured in a car accident as a driver or passenger.

We also have guides on making other types of personal injury claims, such as the examples below:

How Do You Claim If Injured At Work In The UK?

How To Make Food Allergy Claims

A Guide On How To Claim For An Accident In A Public Place

FAQs About Road Traffic Accidents With Uninsured Drivers

In this final section of our guide on uninsured drivers, we have answered some commonly asked questions.

What should you not say to your insurance after an accident?

When you contact your insurance provider about a road traffic accident, there are certain things you should avoid saying. You should avoid accepting blame for the accident or speculating about details while informing your insurer about the accident. 

It’s best to just stick to the facts which you can provide about the accident. It’s ok to say you are unsure if you don’t know the answer to a question your insurer has. You should also avoid saying that you have no injuries at all from the accident. 

Even if you can’t feel any symptoms at the time you speak to your insurer, some RTA injuries (such as whiplash) may not become noticeable until some time after the accident occurred.

Should I contact my insurance company if I am not at fault?

If your vehicle is involved in a road traffic accident, then you should contact your insurance provider as soon as possible. This should happen whether or not you hold any responsibility for the accident.

Do insurance companies talk to each other?

If you’re in a road traffic accident involving another person, then your insurance company will usually speak to their insurance provider to resolve any claims made.

Thank you for reading our guide which answers the question ‘what happens if an uninsured driver hits me?’

Guide by ZS

Edited by BER