How To Claim Compensation After An Accident With An Uninsured Driver

It is a legal requirement to have vehicle insurance. If you have been involved in a road traffic accident with an uninsured driver, you may be wondering how you could claim compensation, as there will be no insurance company to claim through. That’s why we have put together this guide on claiming against an uninsured driver through the Motor Insurers’ Bureau (MIB)

Key Points

• MIB numbers show that across a year, there are a million uninsured drivers on the roads.
• The MIB is a private organisation funded by insurance premiums paid by drivers.
• The MIB protects victims of accidents involving uninsured and untraced drivers.
• MIB claims could be awarded compensation for personal injuries, vehicle damage, and other financial losses.
• A specialist road accident solicitor could help with your claim.

Getting the right legal help and advice can help you to best navigate the claims process. A solicitor from our panel could help you to do so.

• Phone 020 3870 4868.
• Claim online.
• Speak to an advisor live below.

Jump To A Section

• What Is The Process For Claiming Against An Uninsured Driver?
• How Much Compensation Can I Get Through The Motor Insurers’ Bureau (MIB)?
• What Other Damages Can MIB Compensation Cover?
• How Can I Prove The Uninsured Driver Was At Fault?
• Is There A Time Limit When Claiming Through The MIB Uninsured Driver Scheme?
• How Can A Solicitor Help My MIB Uninsured Driver Claim?
• Learn More

What Is The Process For Claiming Against An Uninsured Driver?

The process for claiming against an uninsured driver involves making an application to the MIB for compensation. The MIB is a statutory body that steps in to provide compensation in the event a claim cannot be made against an insurance company.

To successfully claim against an uninsured driver, you must show that,

1. The other road user had a duty of care to you. All road users have a duty of care towards one another to use the roads safely. Per this, they must abide by the Highway Code and Road Traffic Act 1988.
2. The other road user breached their duty of care. Examples may include reckless driving, speeding, ignoring traffic signals, or failing to signal.
3. This breach caused harm. This could include both physical injuries and anxiety caused by a car crash, alongside other psychological injuries.

The process for claiming against an uninsured driver may go as follows:

• Report the car or road accident to the police.Any accident that results in injury or damage must be reported to the police.
• Collect relevant evidence, such as that outlined later in this guide.
• Submit your claim to the MIB. This may be done with help from a car accident solicitor from our panel.
• The MIB will subsequently investigate your claim. They may request further information and evidence.
• They will then make a compensation offer, which you may accept or challenge.

This process can take time, more so in complex cases or where fault is disputed. Getting help from a specialist solicitor can help when claiming against an uninsured driver.

How Much Compensation Can I Get Through The Motor Insurers’ Bureau (MIB)?

How much compensation you could get through the MIB may be dependent on the injury you sustained and how severe it was. In addition, how much compensation you could claim may take your financial losses into account. Your compensation settlement may be made up of general damages for your injuries and special damages for your financial losses.

General damages may be calculated by legal professionals by referring to the Judicial College (JCG). The JCG provides compensation guidelines for various types of injuries and at different levels of severity.

The following table takes figures from the JCG, apart from the initial figure.

Furthermore, the Whiplash Reform Programme impacted how certain low-value road traffic accident claims are made and valued. You will need to make your claim via another avenue if your case meets the following:

• You were the driver or passenger in a vehicle accident in England or Wales.
• The total value of your injuries is £5,000 or less.
• You are aged 18 or over.

If your case meets these criteria, it may be valued in line with a fixed tariff within the Whiplash Injury Regulations 2021. The last two entries in the following table have been taken from the whiplash tariff.

Injury and severity	Severity	Compensation
Multiple severe injuries and special damages, such as lost earnings.	Multiple types of injury as well as special damages, covering medical bills, etc.	Up to £1,000,000+
Brain Damage	Very Severe - requiring full-time nursing care	£344,150 to £493,000.
	Moderate (i) - Moderate to severe intellectual deficit	£183,190 to £267,340.
Neck Injury	Severe (i) - associated with incomplete paraplegia	In the region of £181,020.
Back Injury	Severe (iii) - dis fractures or lesions	£47,320 to £85,100
Shoulder Injury	Severe - involving damage to the brachial plexus	£23,430 to £58,610.
Elbow Injury	Less severe - Impaired function	£19,100 to £39,070.
Ankle Injury	Moderate - ligamentous tears and fractures	£16,770 to £32,450.
Whiplash & Psychological Injuries	Lasting 18 to 24 months	£4,345
Whiplash	Lasting 18 to 24 months	£4,215

If you have any questions about how compensation is calculated in uninsured driver accident claims, you can contact our solicitors.

What Other Damages Can MIB Compensation Cover?

Other damages MIB compensation can cover include lost earnings and income, medical costs and care bills. These may be claimed for under special damages. Special damages compensate victims of accidents and injuries for the financial impact it has had on them. For example, they may be able to claim compensation for:

• Home/ vehicle adaptations – such as the cost of adding railings or other equipment to accommodate a disability.
• Travel costs – to get to and from medical consultations and legal appointments.
• Lost income – covering earnings, pension contributions, overtime entitlement and other related losses.
• Medical bills – such as paying for private medical care, prescriptions, and therapy costs.

You must submit evidence when claiming against an uninsured driver for any of these expenses. Examples of admissible evidence may include payslips, bank statements, invoices or receipts. A solicitor from our panel could assist in collecting and collating these records.

To learn more about claiming compensation for the financial losses you suffered after an accident with an uninsured driver, you can contact our advisors.

How Can I Prove The Uninsured Driver Was At Fault?

You can prove that the uninsured driver was at fault by gathering sufficient evidence that establishes their negligent actions caused you harm.

You may collect and submit evidence such as:

• Police reports containing details of the accident, any persons involved, criminal offences committed and prosecutions pursued.
• Proof of your car accident injury. Medical evidence, such as copies of your medical records.
• Dashcam or CCTV footage of the collision or incident occurring.
• Photographs of the accident scene, damage to vehicles or visible injuries.
• Contact details for anyone who witnessed the incident.
• The registration number of the vehicle, if you were able to note this down.

A solicitor from our panel could help you to collect and submit this evidence as part of your claim. This may include contacting witnesses, taking statements, and ensuring that all paperwork meets MIB standards. The stronger the body of evidence you can submit with your claim, the greater the chance you may have of it succeeding. Please contact us to learn how to claim compensation.

Is There A Time Limit When Claiming Through The MIB Uninsured Driver Scheme?

Yes, there is a 3-year time limit when claiming through the MIB uninsured drivers scheme. Claims made via the Motor Insurers’ Bureau must be filed within the same time limit as other personal injury claims. These 3 years run from the date the accident took place, as set out within the Limitation Act 1980.

There are 2 instances in which exceptions can be made to the 3-year limit. The time limit for children does not begin till they are 18. Additionally, no time limit applies when the person lacks the mental capacity to file their own claim (unless they recover this capacity, in which case the 3 years will run from the recovery date).

In either of these instances, a litigation friend may file the claim on their behalf.

For more information on claiming against an uninsured driver on someone else’s behalf, you can contact our advisors.

How Can A Solicitor Help My MIB Uninsured Driver Claim?

A solicitor can help to guide and strengthen your MIB uninsured driver claim, handle the legal complexities and fight to get the compensation you deserve. A solicitor from our panel could help to explain your rights, collect evidence and assist in negotiating a fair compensation settlement.

The solicitors on our panel may be able to take your case on through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. This type of agreement means that you won’t pay any solicitors’ service fees prior to the claim starting, as it is underway, or if the claim fails.

If the claim is a success, your solicitor will deduct a legally capped percentage (known as a success fee) from your compensation.

In addition to offering their services on a No Win No Fee basis, the solicitors on our panel can also help you with:

• Gathering evidence.
• Organising an independent medical assessment of your injuries.
• Explaining legal terminology and jargon.
• Helping you to apply for an interim payment if applicable.
• Liaise with the MIB on your case, negotiating a settlement on your behalf.

At UK Law, we are committed to providing claimants with a high standard of customer service. We are ready to help you.

Contact Our Team Of Advisors

Contact our team of advisors about claiming against an uninsured driver to learn more about how we could help you.

• Call 020 3870 4868.
• Click below to talk to us.
• Claim online.

Learn More

Learn more about road traffic accident claims in these related guides:

• Discover more about what to do if the other party is not responding to your car insurance claim.
• Check how to claim if you were injured in a car accident without insurance here.
• Find out what to do if injured as a passenger in a road traffic accident here.

External references:

• View the potential penalties for driving without insurance in this government resource.
• View further legal obligations of drivers and riders in this government resource.
• Find information on first aid in this NHS reference guide.

Please contact an advisor for more information on claiming against an uninsured driver.