Uninsured Driver Claims
If you have been involved in a road accident and it emerges that the other driver is uninsured, the expert solicitors at JMW will help you make a claim. Having car insurance is a legal requirement for UK drivers, and your insurance provider plays a vital role in the claims process against uninsured drivers, ensuring you are covered for financial losses and injuries. We can help you recover any financial losses arising from your accident and any injuries sustained.
Our team has the experience and know-how to assist in your claim against an uninsured driver and ensure the positive outcome you deserve. We are here to ensure your claim goes smoothly, lending our expert advice to make sure you are properly compensated following an accident that was not your fault.
Contact us today and speak to one of our experts about your uninsured driver claim. We can talk you through the process and answer any questions you may have. Call us on 0345 872 6666 or complete our online enquiry form and we will call you back as soon as possible.
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If the driver responsible for the accident that resulted in your injury is uninsured, this does not mean you are unable to claim compensation for the injuries you have suffered or the financial losses you have incurred. We can ensure you receive the maximum possible compensation, pursuing a claim on your behalf in exactly the same way as we would any other case.
When the driver responsible for an accident is uninsured, we deal with an organisation called the Motor Insurers’ Bureau (MIB). The MIB is funded by the insurance industry and is responsible for helping those who have suffered due to the actions of uninsured drivers, or those who have fled the scene of an accident.
As with any road traffic accident claim, we will gather all of the necessary information to enable us to calculate and claim the losses that you have incurred and need to recover. We will also obtain independent expert medical evidence on any injuries you have sustained.
What is the Motor Insurers' Bureau (MIB)?
The MIB was set up to provide a fund for accidents caused by uninsured and untraceable motorists. The Road Traffic Act 1988 obliges every motor insurer to be a member of the MIB and contribute to its funding, so that innocent parties injured by drivers without insurance, or who cannot be traced after an accident, have an opportunity to seek recourse. This system is supported by compulsory motor insurance, which every insurer underwrites as part of their legal obligations in the UK, ensuring the MIB can assist with claims against uninsured and untraced drivers.
Making a claim for an accident in these circumstances may not be straightforward, and requires a great deal of work as the relevant evidence is gathered. This may include statements from any witnesses to the accident and reports on your injuries from independent medical experts.
When it comes to dealing with the MIB, there are specific procedures to follow, and we will deal with all of this for you and make sure that your interests are prioritised.
JMW has handled hundreds of claims like this and we can guide you through making a claim with the MIB, and take you through the particular process that applies to your claim.
What To Do After an Accident Involving an Uninsured Driver
Being hit by an uninsured driver can be a daunting experience, highlighting the importance of knowing the steps to take in such situations. When you are involved in a road traffic accident, your first priority should always be to deal with your injuries and those of any others involved in the incident. However, if you are able to, there are certain things you can do at the scene of the accident that could prove invaluable to strengthen your claim for compensation.
You should try to obtain as much information at the scene of the accident as you can. You should:
- Take down the name and address of the driver(s) of the vehicles involved
- Make a note of the vehicle’s details, including make, model and registration number (take a photo if you don’t have a pen and paper to hand)
- Note details of any damage caused by the accident
- Obtain details of any witnesses to the accident
If you are able to take down some or all of this information, it should prove of great assistance to us in the course of pursuing your claim. The more information you are able to obtain, the better, as this will help us to secure the best outcome possible.
Are Motorists Always Required to Have Insurance?
Motorists are legally required to have insurance for their vehicle when driving on a public road. However, if an accident is caused by a motorist who is found to be driving without insurance and occurs on a public road, claims can be made through the MIB. Opting for fully comprehensive car insurance can be particularly beneficial in these situations, as it allows you to make a claim for vandalism or against an uninsured driver, offering a broader protection scope than other policies.
There is no legal obligation for a person to have insurance for vehicles on private roads, such as on farmland or a construction site, so if an accident occurs in those circumstances, the process of making a claim may be a little more complex. In these cases, it is advisable to seek expert legal help to find out more about the options available to you.
Frequently Asked Questions About Uninsured Driver Claims
- How do I identify if the other driver is uninsured?
If you suspect that another driver involved in an accident is uninsured, there are a few steps you can take to identify this. Firstly, ask the driver directly for their insurance details; they are required to provide this information. If they are unwilling or unable to provide proof of insurance, you can check their insurance status using the Motor Insurance Database (MID), which is the UK’s central record of motor insurance. Access to MID is often provided through insurance companies or via certain services online, and it can quickly confirm whether a vehicle is insured.
In the event of an accident, always record the vehicle's registration number, make, model, and any other relevant details. This information will assist in checking their insurance status and will be necessary if you need to make a claim or report to the police. Lastly, if you confirm the driver is uninsured, you should report the incident to the police as driving without insurance is illegal in the UK. You should also inform your own insurer, who can guide you through the process of making a claim through the MIB.
- Can I still make a claim if the uninsured driver fled the scene?
You can still make a claim if an uninsured driver fled the scene of an accident. This type of claim can be made through the MIB under the Uninsured Drivers' Agreement. First, it is important to report the accident to the police within 14 days for personal injury claims and within five days for property damage to ensure your claim is valid.
You should gather as much information as possible at the scene of the accident, including details about the vehicle, descriptions of the driver, and any witness statements and contact information. This information will support your claim by helping to establish the circumstances of the accident. Once you have reported the incident to the police, you can file a claim with the MIB, providing all the relevant details and evidence you have collected.
- What damages can I claim in an uninsured driver case?
In an uninsured driver case in the UK, you can claim several types of damages through the MIB. These include compensation for personal injuries, which covers medical expenses, rehabilitation costs, and compensation for pain and suffering. You can also claim for loss of earnings if the injuries have impacted your ability to work.
Damage to your vehicle or property can also be claimed, along with any other expenses directly related to the accident, such as the cost of alternative transport or repairs. In some cases, you may be eligible to claim for psychological injuries if they are a direct result of the accident.
It's important to keep detailed records and receipts of all expenses incurred as a result of the accident to support your claim. The MIB will assess the claim based on the evidence provided and determine the appropriate compensation.
- How does the claims process work for uninsured driver cases?
To initiate a claim, you first need to ensure that the incident has been reported to the police. Following this, you can fill out a claim form available on the MIB website, providing detailed information about the accident and the uninsured driver, if known.
You must also provide evidence supporting your claim, which can include medical reports, repair bills, and any correspondence with your own insurance company. The MIB will then investigate the claim, which may involve confirming details with the police, assessing the evidence provided, and possibly contacting witnesses. Once the investigation is complete, the MIB will make a decision on compensation based on the damages suffered and the evidence submitted.
- What if the uninsured driver disputes liability?
If the uninsured driver disputes liability in a claim processed by the MIB, the MIB will conduct a thorough investigation into the accident. This includes reviewing all submitted evidence, such as accident scene photos, witness statements and police reports. The MIB may also request additional information or documentation from both parties to better understand the circumstances surrounding the accident.
Based on this investigation, the MIB will make a determination regarding liability. If liability is disputed and cannot be clearly resolved, the case may potentially proceed to arbitration or court for a legal decision on who is at fault.
- Is there a time limit for filing an uninsured driver claim?
For personal injury claims, you must file within three years of the date of the accident. For property damage, the claim must be submitted within six years of the incident. It's important to report the accident to the police promptly, as this is a requirement for the MIB to consider the claim. Missing these deadlines can result in the claim being ineligible for consideration by the MIB, so it's crucial to act swiftly.
- How long does it typically take to resolve an uninsured driver claim?
The time it takes to resolve an uninsured driver claim in the UK can vary depending on the complexity of the case. Typically, a straightforward claim through the MIB might be settled within a few months. However, if the claim involves disputes over liability, extensive injuries or significant property damage, it can take longer, potentially up to a year or more.
The MIB conducts a thorough investigation of each claim, which includes gathering and reviewing evidence, which can be time-consuming. Claimants can expedite the process by providing complete and accurate information promptly and cooperating fully with any MIB requests for additional documentation or clarification.
Talk to Us
Find out more about how we can assist with your uninsured driver claim by getting in touch with our expert solicitors today. Either call us on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back at the earliest opportunity.
