What Happens If An Uninsured Driver Hits Me?
By Danielle Fletcher. Last Updated 15th November 2023. Welcome to our guide focusing on the question, ‘what do I do if an uninsured driver hit me?’ This guide explains how road traffic accidents with uninsured drivers happen. By the end of this guide, you’ll be able to answer common questions such as ‘can I claim 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 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. This can be the case particularly if the uninsured driver is the one who caused the road traffic accident.
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.
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 as well as car accident claims.
Services And Information
- An Uninsured Driver Hit Me – Can I Claim Compensation?
- Can You Claim Against An Uninsured Or Untraceable Driver Via The MIB?
- What Evidence Should You Collect If You Are Hit By An Uninsured Driver?
- Compensation For Car Accidents
- Claim Against An Uninsured Driver With A No Win No Fee Solicitor
- Road Traffic Accident Claims Guides
Road users owe other road users a duty of care. As part of this duty, they should do all they reasonably can to avoid causing harm to themselves and others. Upholding this duty of care involves following the rules set out in the Highway Code and the Road Traffic Act 1988. If another road user fails to do this, and you are injured as a result, then you may be able to make a road traffic accident claim.
Section 143 of the Road Traffic Act 1988 establishes that it’s against the law to drive any motor vehicle without insurance. So, you may be wondering, “Can I still claim compensation if an uninsured driver hit me?”. In this case, your claim could be made through the Motor Insurers’ Bureau (MIB). This organisation can provide compensation when someone has been injured in a road traffic accident caused by an uninsured or untraceable driver.
However, the criteria for claiming still apply under these circumstances. This means you must be able to prove that the other party failed to uphold their duty of care, causing your injuries.
To learn more about the steps to claiming if you’re hit by an uninsured driver, read on, or contact our advisors for free.
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.
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 claimant recovers the required mental capacity to make their own claim, then the three-year time limit for starting a claim will begin on the date they recovered this capacity.
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.
If you would like to make a personal injury claim for your accident with an uninsured driver, you will need to obtain sufficient evidence to submit in support of your case. This needs to prove your injuries as well as who was liable for your accident.
Here are a few examples of evidence that can help support a road traffic accident claim:
- A copy of your medical records. These can illustrate the nature of your injuries as well as the treatment you required.
- Photographs. These can be from the accident scene or of your visible injuries.
- Witness contact details. Anyone who saw the accident can be contacted for a statement later into the claims process if you can note their contact information.
- The police statement. If the police attended the accident, you can submit a copy of their statement.
- Accident footage. If there are any videos of the accident, such as from a dashcam, you can submit these.
If you would like to discuss what happens if you are hit by an uninsured driver, and how to make a claim, you can contact one of our advisors. They can also give you free advice about what evidence you can obtain to support your compensation claim.
Compensation for car accidents can include general and special damages. Whilst general damages compensate for the pain or suffering caused by your injuries, special damages cover any financial losses. For example, you might suffer a loss of earnings after taking time off work to recover from your injuries.
In this section, we focus on the injury payout you might receive in terms of general damages. The table below uses bracketed amounts from the 16th edition of the Judicial College Guidelines to give you an idea of what you might receive for car accident injuries, except for the first entry.
Whiplash injuries are now valued in accordance with the tariff found within the Whiplash Injury Regulations 2021. These are set amounts, and we have included some below.
|Multiple serious injuries and expenses||Serious||The award may include compensation for multiple serious injuries plus incurred expenses, such as lost earnings and nursing care.||Up to £1,000,000+|
|Brain Damage||(a) Very Severe||The person will require full-time nursing care. Although they may be able to follow basic commands, they will show little meaningful response to their environment.||£282,010 to £403,990|
|Brain Damage||(b) Moderately Severe||The person may suffer with physical and cognitive disabilities, such as limb paralysis and an intellectual deficit. They will also constantly depend on others for care.||£219,070 to £282,010|
|Back Injury||(a) Severe (i)||Severe spinal cord or nerve root damage that leads to serious consequences with severe pain.||£91,090 to £160,980|
|Back Injury||(b) Moderate (i)||A compression/crush fracture to the lumbar vertebrae that causes discomfort and pain that's permanent with osteoarthritis being a risk.||£27,760 to £38,780|
|Neck Injury||(a) Severe (i)||A neck injury that causes spastic quadriparesis that is permanent or is associated with incomplete paraplegia.||In the region of £148,330
|Neck Injury||(b) Moderate (i)||Fractures or dislocations that cause severe immediate symptoms. The injury may also need spinal fusion.||£24,990 to £38,490
|Elbow Injury||(a) Severe||A severely disabling elbow injury||£39,170 to £54,830
|Elbow Injury||(b) Less Severe||Despite an impairment of function the injury will not require major surgery.||£15,650 to £32,010|
|1+ Whiplash Injuries And Psychological Injuries||N/A||Symptoms that last for 18-24 months.||£4,345|
|1+ Whiplash Injuries||N/A||Symptoms that last for 18-24 months.||£4,215|
Hit By An Uninsured Driver – Can I Claim Special Damages?
Additionally, if you make a successful claim after being hit by an uninsured driver, your compensation settlement could also include special damages. Under this head of claim, you can recoup the financial losses you suffered due to your injuries. For example, this may include:
- Lost earnings.
- Travel expenses.
- Medication and prescription costs.
- The cost of domestic help.
However, you must be able to provide proof of your losses. Because of this, it can be helpful to keep any relevant bills, invoices, or bank statements.
Our team can help answer any questions you may have about the claims process against uninsured drivers and how to report an uninsured driver. Contact our team of friendly advisors today.
If you are eligible to seek compensation for an uninsured driver accident, you may like a solicitor to work on your claim. An experienced solicitor from our panel could help you with making a road traffic accident claim. They also generally offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
Under this type of agreement, your solicitor won’t ask you to pay any service fees upfront or while the claim is ongoing. You also won’t have to pay them for their work on your claim if you are not awarded compensation.
Should the outcome of your claim be positive, your solicitor will take a success fee out of your award. This amount is a legally limited percentage.
To discuss what to do if you are hit by an uninsured driver or find out if you are eligible to make a claim, you can speak to one of the advisors from our team. If it seems like your claim has potential, you could be passed onto one of the solicitors from our panel.
To speak to an advisor:
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. Find out if you could claim 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
Thank you for reading our guide which answers the question ‘what happens if an uninsured driver hits me?’