What Happens If I Am Hit By An Uninsured Driver? – Uninsured Motorist Compensation In The UK
By Lewis Aaliyah. Last Updated 2nd June 2023. Imagine you’re driving in your car and you’ve just been hit by another driver. It’s annoying, but it was a low-speed collision and the damage is relatively minor. So you pull up and go over to the driver that hit you in order to exchange names, addresses, telephone numbers, insurance details and your vehicle registration numbers. Exchanging these details is a must because you’ll need them while making a claim on your car insurance. When you go over to the other driver, they reveal a problem. They are not insured on the car they are driving. You’ve been hit by an uninsured driver. Alternatively, when you pull over to approach the other driver, they drive off and leave the scene before you can exchange details.
In both outcomes, the other driver is in breach of the law. All drivers on the road need insurance on the vehicles they drive. It is also against the law for any driver to leave the scene of a car accident they were in without giving their details. An additional way an uninsured driver may break the law is by giving you a fake name when exchanging details after an accident.
These scenarios can and do happen to drivers in real life. You may be wondering how your insurance claim may be affected and what steps to take if you ever face any of these problems. In this guide, we’ll explain everything you need to know about making a road traffic accident (RTA) claim when hit by an uninsured driver. We’ll also explain how you can get advice and other support on your RTA claim from us.
Get In Touch With Our Team
You can get in touch with our panel of lawyers here at UK Law for free legal advice on your road traffic accident claim. We can also provide support on other types of personal injury claims. If you have any questions about making a claim for a road traffic accident, we are happy to answer them. You can contact us either online through our chat function, our online claim form or by calling us on 020 3870 4868
Services And Information
- Everything You Need To Know About Being Hit By An Uninsured Driver
- What Are Accidents Involving Uninsured Drivers?
- What Is The Motor Insurers’ Bureau?
- Claims For Injuries Inflicted By An Uninsured Driver – Examples Of Evidence
- Calculating Compensation If Hit By An Uninsured Driver
- Could I Claim For Whiplash Caused By An Uninsured Or Untraced Driver?
- How Will The Accident Affect My Insurance Policy?
- How Long Do I Have To Make A Claim Against An Uninsured Driver?
- I Was Hit By An Uninsured Driver, What Should I Do?
- Do You Handle Claims When Hit By An Uninsured Driver On A No Win No Fee Basis?
- Contact Us For More Help
- FAQs About Claims When Hit By An Uninsured Driver
In this guide, we answer questions such as ‘What happens if I am hit by an uninsured driver?’ You may also ask yourself ‘Can I claim against an uninsured driver?’ We’ll explain how the law handles such situations and what rights you have.
We will also break down how you can get the compensation you deserve step-by-step. Also covered are certain issues which can come up when claiming against an uninsured driver, such as the type of injuries that can happen. We also explain what you can do if the driver that hit you cannot be traced.
Although it’s required by law to have insurance on vehicles you drive, uninsured motorists do take the risk of driving on UK roads. The Motor Insurers’ Bureau estimates that each year in the UK, over 130 people are killed and 26,000 are injured by road collisions caused by uninsured and untraced drivers. That links such drivers to nearly one in every five road traffic collisions.
If you are caught in a road traffic accident caused by an uninsured driver, then the process of claiming compensation against them can prove difficult. That’s because the compensation you are entitled to is normally covered by the responsible driver’s insurer.
The same applies to RTAs that involve an untraceable driver. When a driver is untraced, it means that the driver fled the scene of the accident and they, plus their details, can’t be found. While you can’t say for certain, an untraceable driver may not have insurance on their vehicle. This could be the reason why the untraced driver ultimately fled the scene of the accident.
The graph above comes from the Ministry of Justice and shows the type of motoring offences which UK defendants were prosecuted for in 2019. The graph shows how frequent different types of motoring offences were that year. More than 20% of defendants prosecuted for a motoring offence in 2019 were charged with a vehicle insurance offence (which can include driving without insurance).
The Motor Insurers’ Bureau (MIB) is an organisation that exists to compensate victims of motoring accidents caused by uninsured or untraced drivers. It also works towards reducing the number of uninsured motorists on the road. Every company which provides motor insurance contributes funding to the MIB. They are legally required to do so under the Road Traffic Act 1988.
Drivers who are hit by an uninsured or untraced driver can place their compensation claim with the MIB. The MIB can prove very important to motorists. If an uninsured or untraced driver is responsible for a road traffic accident, then an insurance company can’t step in to cover the costs of compensation like in typical circumstances.
The MIB doesn’t just cover the cost of vehicle damage. The group can also provide compensation for injuries, property damage and financial loss caused directly by an accident with an uninsured/untraced driver.
If you are making a personal injury claim through the MIB after being hit by an uninsured driver, you will need to provide evidence that negligence occurred.
Some examples of the evidence you could gather to help support your road traffic accident claim include:
- The contact details of anyone who witnessed the accident so that they could provide a statement later on.
- Any dashcam or CCTV footage of the accident.
- A copy of your medical records stating the type of injury you suffered and the treatment you required.
- Photographs of the accident scene and any visible injuries you suffered, such as cuts or lacerations.
A solicitor from our panel could help you with gathering evidence, provided you have a valid case.
Contact our advisors today to see if you could be eligible to work with one of them. They could also help answer any question you may have, such as, ‘What happens if you are hit by an uninsured driver?’
A question you may have about making a claim against an uninsured driver is how much compensation you will receive. There is a range of factors that determine the final payment, such as the extent of damage caused. Any injuries you suffered as a result of a road accident with the uninsured driver should also be factored into your compensation.
In the table below, we’ve included an estimate of the payouts you could potentially receive based on certain injuries you may have. The figures for different potential injuries are based on those from the Judicial College Guidelines (JCG). The JCG is a regularly updated publication that solicitors may use to value claims.
Each road traffic accident case is unique and can be influenced by many factors. Therefore, the figures listed should only ever be viewed as estimates.
|Brain Damage/Head Injury||Very Severe||£264,650 to £379,100|
|Brain Damage/Head Injury||Moderately Severe||£205,580 to £264,650|
|Brain Damage/Head Injury||Less Severe||£14,380 to £40,410|
|Brain Damage/Head Injury||Minor||£2,070 to £11,980|
|Back Injury||Severe||£36,390 to £151,070|
|Back Injury||Moderate||£11,730 to £36,390|
|Back Injury||Minor||Up to £11,730|
|Neck Injury||Severe||£42,680 to in the region of £139,210|
|Neck Injury||Moderate||£7,410 to £36,120|
|Neck Injury||Minor||Up to £7,410|
The potential injuries highlighted in the above table come under ‘general damages’. It is possible that financial losses directly caused by the accident and your injuries could be covered under ‘special damages’. These special damages covered in your compensation can include the cost of medical treatment, loss of earnings due to time off work and travel costs that have accumulated due to your injuries.
Our advisors could help you understand what you might claim as special damages. They’ll do this with no obligation for you to proceed with the services of our panel of lawyers. To find out more, get in touch.
One of the most commonly reported injuries in road traffic accidents is whiplash. It is a neck injury caused by a sudden movement of the head (due to the force of a collision). If the sudden movement is hard enough, it could potentially damage muscles in the neck. Symptoms can include stiffness and pain around the neck, headaches and spasms in the shoulders and arms.
If you experience whiplash symptoms after being hit by an uninsured or untraced driver, then you could cover this within your compensation claim. To support your claim, you will need evidence that confirms you experienced whiplash. You’ll also need proof that the accident you were involved in was the cause of your injury. Your solicitor will help you in getting the evidence needed to be compensated for whiplash.
The Motor Insurers’ Bureau can cover whiplash injuries when paying out compensation for accidents involving uninsured or untraced drivers. The exact amount you will receive for your whiplash will depend on the duration and extent of the injury.
Some motorists may worry about how their insurance policy could be affected if they are hit by an uninsured or untraced driver. If you’re in a road accident, claiming on your policy can lose you your no claims bonus and other excesses. But it depends on the circumstances.
Insurance policies can include protections that prevent you from having to pay more on renewal if you have an accident caused by an uninsured or untraced driver. It is worth checking the details of your current vehicle insurance policy. You can see what protection you may have in incidents with uninsured or untraced drivers. You could have a guarantee that your no claims discount will be protected or your excess will be waived in such incidents.
You’ll likely need to meet certain conditions to keep these protections. That can include noting down details of the vehicle that caused the accident. Proof that you weren’t at fault for the accident may be needed as well.
To find out more about what proof you may use, get in touch with an advisor. They offer free legal advice and are available 24/7.
One of the questions drivers can have if they are involved in an RTA with an uninsured driver is how long they have to make a claim against them. The standard time limit for making a 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 way the time limit works can change. For example, it is six years if you’re only claiming for damage to property (five years in Scotland).
If a child was injured in an accident involving 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 can not make a personal injury claim themself. However, a representative known as a litigation friend can make a personal injury claim on the child’s behalf. If the child reaches 18 and a claim hasn’t been started for them yet, then the three-year time limit begins from their 18th birthday. The child-turned-adult will be able to claim compensation on their own behalf.
A victim of a motoring accident could lack the mental capacity to claim on their own behalf. This is another potential scenario where the three-year time limit for claiming is frozen. Like with children, victims who can’t claim themselves can have a claim started on their behalf by a litigation friend. If a victim recovers sufficiently to the point where they can reasonably be expected to claim on their own behalf, then the three-year time limit will become active.
If you are in a road traffic accident caused by an uninsured or untraced driver, you may wonder what exact steps to follow.
What to do just after the accident
Just after the accident, you should park your car somewhere safe. You should also check the condition of yourself and any passengers with you. After this, approach the other drivers involved to exchange the relevant information.
An uninsured driver may be unwilling to stay at the scene to share information. Still, any information you can gather about the driver and/or vehicle which caused the accident is worth noting. If anyone else was in your vehicle with you when the accident happened, they could do this for you if it’s difficult for you.
Before moving on to the next steps, it’s vital that you get the medical care you require. Obtain evidence of any medical treatment you receive, since this can be used later for your compensation claim.
After leaving the accident scene
When you’ve been treated for your injuries, make sure to report the accident to the police in time. Claims involving personal injury should be reported to 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.
You should also contact your insurance provider as soon as possible. This is a necessary step, even if you don’t intend to make a claim. Failing to do so within a set period laid out by your policy could invalidate it. When reporting the accident to your insurance provider, provide as much information as you can. Include details about the incident, the driver who caused it and whether there were any witnesses to the incident.
Following all of these steps mentioned above, you should then look to start a claim. If your road accident involves an uninsured driver, you could lose your no-claims bonus. That’s because your insurer’s inability to recover money from the other driver’s policy could prove problematic.
To claim for injuries and other losses caused by the uninsured or untraced driver, you should get in touch with a solicitor. Ideally, you’ll want to choose a solicitor with specialist experience in working on road traffic accident claims. Your chosen solicitor will review your potential case and guide you through all the required steps. This includes assisting you with making your claim with the Motor Insurers’ Bureau.
If you’d like our advisors to put you in touch with our panel of solicitors, get in touch today.
Our panel of solicitors can handle your claim on a No Win No Fee basis.
Signing such an agreement provides certain guarantees which offer financial security to the claimant in regards to funding a solicitor:
- Under a No Win No Fee agreement, you will only need to pay your solicitor for their service if your claim is successful.
- A small percentage of your compensation will be taken as payment if the case wins.
- Before the case is concluded, the No Win No Fee agreement ensures you won’t need to pay any solicitor fees upfront.
- You also get the guarantee that you will not need to pay your solicitor’s fee if the case goes ahead and proves unsuccessful.
Our panel offer such agreements. Get in touch through any of the methods below.
If you are looking for more info or support on claiming against an uninsured driver, then we can help you. You can contact UK Law online or by phone to get free legal advice. We can answer any questions on road traffic accident claims or other types of personal injury claims. You can:
This UK government page provides access to an official guide on claiming compensation from the Motor Insurers’ Bureau.
This MIB page can be used to start a claim if you are hit by an untraced driver.
From this page, you can access all the latest road safety data published by the Department for Transport (DfT).
What does the MIB do?
The Motor Insurers’ Bureau helps to provide compensation to motorists who have been hit by an uninsured driver or an untraced driver. The company also works with police, the DVLA and other agencies to remove uninsured and untraced drivers from UK roads.
Who pays if an uninsured driver hits you?
If you are in a road accident caused by an uninsured driver, then you could claim compensation through the Motor Insurers’ Bureau. That’s assuming you have the required information on the driver that hit you.
What are untraced or uninsured drivers?
A driver who is involved in an accident and leaves it without giving their details is considered ‘untraced’ if they can’t be later found. An ‘uninsured driver’ refers to anyone who drives a vehicle without having the legally required insurance cover on it.
How long will it take to claim through the Motor Insurers’ Bureau?
When you submit a claim with the MIB, they will usually try to decide if compensation will be paid out within three months. For low-value claims, they try to decide in six weeks. A decision on how much compensation you’re due (if you’re entitled to it) will take extra time.
Thanks for reading our guide on what happens and what to do if you’re hit by an uninsured driver.
Checked by HT