Uninsured accident claims

Anyone who drives a vehicle within the UK is required to have road tax and insurance. It is a criminal offence to own a motor vehicle without insurance or to drive an uninsured vehicle on the roads.

(Source: Motor Insurer’s Bureau)

Most people purchase motor insurance for their vehicle but there are others who drive uninsured vehicles which increases the insurance premiums for everyone else.

These uninsured vehicles are usually involved in far more accidents than insured ones which cause problems for not only their drivers but other people as well.

Unfortunately, the number of uninsured vehicles has risen over the last few years and continues to do so. This is more than likely in today’s economic climate.

Issues related to compensation claims for an uninsured accident

If you have become injured as a result of a car accident but the other driver is uninsured then you can make a claim for compensation. But it will be more complex and time consuming than making a claim against another person’s insurance company.

Contrary to popular opinion you can make a claim for compensation against an uninsured driver but expect it to be more complicated. However, the Motor Insurer’s Bureau (MIB) is designed to deal with cases such as these.

Uninsured facts

There are, approximately, 2 million uninsured cars on the roads: plus the police impound at least 400 cars a day which are not insured.

Penalty for not being insured

This is treated as a serious offence which attracts a fine of up to £5,000 in some cases plus 6 to 8 penalty points on a driving licence. Plus the police have the power to seize and destroy any car which is currently uninsured.

(Source: DirectGov: Motoring: Motor Insurance)

The Motor Insurer’s Bureau

This is often known as ‘MIB’ for short. This industry based organisation was set up to deal with compensation claims from people who have been injured as a result of an accident by an uninsured driver.

This also applies to cases where the driver cannot be traced.

They handle claims for compensation both in the UK and abroad and work closely with specialist personal injury lawyers and solicitors.

Effects of an uninsured accident

The consequences of a road accident can be traumatic for both the person concerned and their family. If the accident was caused by negligence on the part of someone else then this is bad enough but, it is even worse if that person is not insured.

Many people assume that they are unable to make a claim if the other driver is not insured but thankfully, that is not the case. You can pursue a claim for compensation but be prepared for the fact that it takes longer and is more complicated than the normal procedure.

This only adds to the stress you and your family are experiencing as a result of your accident.

There is the physical injury or injuries to deal which can mean a lengthy period of rehabilitation. This rehabilitation may include you having to take sick leave from work which means a loss of earnings and possibly pension rights as well.

Plus there may be additional expenses such as rehabilitation services, e.g. physiotherapy; medication on a regular basis; nursing care and support; specialist equipment or aids; and taxi fares/car parking charges to hospital e.g. outpatient treatment.

All of these cost time and money which puts a financial strain on your income and standard of living.

This is where compensation can help. It can reimburse you for the cost of your injury and additional expenses incurred as a result of your accident.

Making a claim for compensation for an uninsured accident

Find a personal injury lawyer or solicitor who has experience in handling uninsured accident claims. However your claim will be dealt with by the Motor Insurer’s Bureau (MIB) who will apply for compensation for people injured in uninsured accidents.

If the accident was caused by another driver’s negligence and there is evidence to support this then you have a greater chance of obtaining compensation. But if there is some doubt or evidence shows that you were partly responsible then this may reduce the final award.

A claim for compensation which is pursued via MIB is dealt with in a court of law. The issue of ‘fault’ or responsibility will be decided within that court which affects the amount of compensation.

It is a lengthier process than those which are pursued against the other driver’s insurance company; but if you can engage the services of a lawyer or solicitor with expertise in road traffic accidents who will work with MIB then this will speed up the process.

Your claim should be handled with sensitivity and understanding.

If you want to know more about the claims procedure in general then visit our making a claim for compensation section.

Time limit for claiming compensation for an uninsured accident

Most personal injury claims have a 3 year time limit and this starts from the date of the accident. However, this may be different for uninsured claims due to the longer period of time involved and the difficulty in tracing the other driver.

The Motor Insurer’s Bureau and/or your personal injury lawyer will advise you about the deadline for this type of claim.