This guide provides information on claiming for a road traffic accident caused by an uninsured driver through the Motor Insurers Bureau (MIB). We will explain who the MIB are, and the eligibility criteria your case will need to meet in order for the MIB to pay compensation in a personal injury claim.
Additionally, we will provide examples of different types of road traffic accidents with untraceable or uninsured drivers that you may be able to claim for. We will also discuss what evidence is needed to support your personal injury claim.
Furthermore, this guide will explore the different heads of claim you could be awarded following a successful case. We will also provide some of the benefits that come with claiming with a No Win No Fee solicitor from our panel.
If you have been injured in a car accident involving an insured driver, uninsured or untraceable driver and would like to know whether you could make a claim, you can contact our advisors. They can offer you free advice for your case, and can be reached via the following methods:
- Call 020 8050 2736.
- Use the live chat pop-up.
- Complete the ‘claim online‘ form to receive a callback.
Select A Section
- Eligibility Criteria When Claiming For A Road Traffic Accident Caused By An Uninsured Driver
- How Could You Be Hit By An Uninsured Driver Due To Their Negligence?
- Potential Compensation When Claiming For A Road Traffic Accident Caused By An Uninsured Driver
- What Evidence Could Be Used In Uninsured Driver Claims?
- Claim Compensation For A Road Traffic Accident Using A No Win No Fee Solicitor
- More Resources On Claiming For A Road Traffic Accident With An Uninsured Car
Eligibility Criteria When Claiming For A Road Traffic Accident Caused By An Uninsured Driver
Everyone who uses the roads owes a duty of care to other road users. They must avoid causing harm to others and themselves by using the roads safely and responsibly. They also must adhere to the Road Traffic Act 1988 and the rules set out for them within the Highway Code.
Compulsory motor insurance is part of the 1988 Act. This means that all vehicle drivers must have an insurance policy in place. If you have been involved in an accident that causes injury or damage, you must provide your name, address and vehicle registration number to anyone with reasonable grounds for requiring them, such as an insurance company.
If you have been involved in an accident with an uninsured or untraceable driver, you may still be able to make a claim through the Motor Insurers Bureau (MIB). The MIB was created to compensate those who have been in a road traffic accident caused by untraceable or uninsured drivers.
To be eligible to make a personal injury claim, you must satisfy the following eligibility criteria:
- Another road user must have owed you a duty of care.
- They must have breached their duty of care.
- This must have caused you to suffer an injury.
If you have any questions regarding claiming for a road traffic accident caused by an uninsured driver, or about the personal injury claims process, you can contact our advisors.
How Could You Be Hit By An Uninsured Driver Due To Their Negligence?
As shown above, an uninsured driver accident could lead to a personal injury claim being made through the MIB. As with other road traffic accident claims, to be eligible to claim, the accident must have been at least partly the uninsured or untraceable driver’s fault.
Some examples of when this might be the case include:
- If you were injured in an accident on a roundabout because the uninsured driver failed to use the correct lane and crashed into the side of your vehicle, and this caused you to suffer a broken arm.
- A hit and run case, where the other driver crashed into the back of your vehicle while you were waiting at a red light, and left the scene of the accident without providing their insurance information. In this case, you may have suffered a back injury.
- The uninsured driver may have crashed into the side of your car because they failed to ensure a junction was clear prior to pulling out onto it. This caused you to suffer multiple serious injuries, such as a dislocated shoulder injury and a broken leg.
There are many more examples of uninsured driver accidents that could lead to personal injury claims. If you suspect that you have a valid claim, you can contact our advisors to find out.
Potential Compensation When Claiming For A Road Traffic Accident Caused By An Uninsured Driver
When claiming for a road traffic accident caused by an uninsured driver through the MIB, you could be awarded financial compensation for the pain and suffering your injuries have caused you. This compensation is awarded under the head of claim known as general damages. It is awarded to all successful claimants.
Various factors will affect how much you could receive under this head, such as the type of injury, its severity and the treatment it requires.
Those valuing your claim for general damages may use the Judicial College Guidelines (JCG) alongside the findings of an independent medical assessment to help them. This is a document that contains guideline brackets for many different types of injuries, both physical and psychological.
The compensation table below provides examples of some of the guideline compensation brackets listed in the JCG. However, you should note that the amounts listed are not guaranteed, and therefore, this table should only be used as a guide. The first entry has not been taken from the JCG.
In recent years, there have been changes to how certain low-value personal injury claims are made after a road traffic accident. This brought about set tariffs for whiplash injuries. The last two entries have been taken from the tariff listed within the Whiplash Injury Regulations 2021. These are fixed amounts and may be applicable for certain claims being made through the MIB for whiplash injuries.
Compensation Table
| Injury Type | Severity | Compensation Guidance | Extra details |
|---|---|---|---|
| Multiple Serious Injuries with Monetary Losses | Serious | Up to £1,000,000+ | A compensation award for multiple serious injuries and the monetary losses they cause such as a loss of earnings, care costs, and medical expenses. |
| Brain | Very Severe | £282,010 to £403,990 | The most severe brain injuries resulting in the person to suffer with double incontinence, little to no language function and will need full-time care. |
| Neck | Severe (i) | In the region of £148,330 | E.g. neck injuries resulting in permanent spastic quadriparesis. |
| Neck | Moderate (i) | £24,990 to £38,490 | These types of neck injuries can lead to spinal fusion and cause immediate significant symptoms. |
| Leg | Amputation (iii) | £104,830 to £137,470 | An above the knee amputation of a single leg. |
| Arm | Severe | £96,160 to £130,930 | Arm injuries that are so serious that the claimant is little better off than had the arm been amputated. |
| Arm | Serious | £39,170 to £59,860 | Significant disabilities and permanent suffering because of a seriously fractured arm. |
| Back | Severe (iii) | £38,780 to £69,730 | Chronic suffering caused because the injured party has suffered fractured back or disc lesion. |
| Whiplash Tariff - One or More Whiplash and Minor Psychological Injuries | Regulation 2(1)(b) | £4,345 | Injuries lasting for more than 18 months but not any longer than 24 months. |
| Whiplash Tariff - One or More Whiplash Injuries | Regulation 2(1)(a) | £4,215 | Injuries lasting more than 18 months but not any longer than 24 months. |
Claiming For Financial Losses After An Uninsured Driver Accident
If you are successfully awarded general damages, you may also be able to receive a second head of claim known as special damages. Under this head, you could be compensated for the financial expenses and losses you have experienced due to being injured in a road traffic accident.
Some examples may include, but are not limited to:
- The cost of a carer.
- Medical and rehabilitation costs.
- Travel costs.
- The cost of home adaptations, such as the installation of a ramp.
- Lost earnings and future lost income.
You should provide copies of any receipts, pay slips or bank statements that prove these financial losses when making a claim for special damages.
To see how much compensation you could potentially receive when claiming for a road traffic accident caused by an uninsured driver, you can contact our advisors.
What Evidence Could Be Used In Uninsured Driver Claims?
When making a personal injury claim through the MIB for a road traffic accident with an uninsured driver, you will need to provide evidence that supports your case.
The types of evidence that might prove useful following an accident with an uninsured car include:
- Details of the date, time and location of the accident.
- A police report reference number.
- Photographs of the accident site, damage to your vehicle and any visible injuries you suffered.
- Details of medical appointments along with copies of your medical records, detailing your injuries and their treatment.
- Contact information for anybody who witnessed the accident, as they could provide a statement at a later date.
- Dashcam footage of the accident or CCTV recordings.
If you have a valid MIB claim, one of the solicitors from our panel may offer to help you with your case. As part of their services, they may help you obtain further evidence, such as collecting statements from witnesses. To find out if you could be eligible to work with one of them, you can contact our advisors.
Claim Compensation For A Road Traffic Accident Using A No Win No Fee Solicitor
One of the solicitors on our panel who has experience working on road traffic accident claims may be able to assist you with your case, provided that it is valid. Additionally, they may offer to work with you on a No Win No Fee basis under a Conditional Fee Agreement.
With this particular agreement in place, some of the advantages generally include:
- You won’t be asked to pay anything upfront for your solicitor’s services or while the claim is being processed.
- You also won’t have to pay for your solicitor’s work if the claim is lost.
- If you successfully receive compensation, your solicitor will deduct a success fee from this. There is a legal limit in place for the percentage that this fee can be.
Contact Us
If you have any further questions about claiming for a road traffic accident caused by an uninsured driver, you can contact our advisors. They could assess your case, and if it seems like you have a strong claim, they could connect you with a No Win No Fee solicitor on our panel.
Contact our advisors today for further guidance:
- Calling 020 8050 2736
- Using our live chat.
- Use our form to claim online.
More Resources On Claiming For A Road Traffic Accident With An Uninsured Car
Additional personal injury claim guides by us:
- How to claim following a car park accident and examples of how much compensation you could receive.
- Advice on whether you could make a claim after an accident on public transport and how much compensation you may be entitled to.
- Advice on how to claim for whiplash as a passenger in a road traffic accident claim.
Also, here are some useful external resources:
- Information regarding vehicle insurance from Gov.UK.
- Information regarding whiplash injuries by the NHS.
- Guidance and advice for road users from Think!
Should you need any further advice on claiming for a road traffic accident caused by an uninsured driver, please contact our advisors.