What To Do If Hit By An Uninsured Driver

Have you been involved in an accident with an uninsured driver? Are you unsure about your options and want to know whether you could claim compensation? Our guide on how to start an uninsured driver claim aims to answer these and many other frequently asked questions people have before they take their first steps towards pursuing compensation.

We have set out to explain who can make a claim and what the process involves. In addition, we discuss the question of compensation, including whether you can claim for financial losses.

As we near the end of our guide, we take a look at what you should do after an accident with an uninsured driver. Lastly, we consider how long it may take for a claim to settle and outline the benefits of using a No Win No Fee solicitor and how they could help you with claiming compensation.

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If you have any questions about how to start an uninsured driver claim, contact us today.

Two cars show visible damage after a collision on the side of a road.

Frequently Asked Questions 

  1. Who Are The Motor Insurers’ Bureau (MIB)?
  2. Can I Make A Claim If An Uninsured Driver Hits Me?
  3. How Will I Know The Other Driver Is Uninsured?
  4. The Average Amount Of Compensation From The MIB
  5. Can I Claim For Financial Losses?
  6. What Should I Do After Being Hit By An Uninsured Driver?
  7. Do I Have To Make An Uninsured Driver Claim Within A Time Limit?
  8. How Long Can I Expect Until My Claim Is Settled?
  9. Can A No Win No Fee Solicitor Help With My Claim?
  10. More Information

Who Are The Motor Insurers’ Bureau (MIB)?

The Motor Insurers’ Bureau (MIB) is a non-profit organisation that compensates those who have been involved in an accident caused by an uninsured party or a driver who has hit and run.

Funded by drivers’ insurance premiums, the MIB works alongside police to try to reduce the extent of uninsured driving and mitigate its impact. In 2023 alone, more than 130,000 uninsured vehicles were seized by police with the help of the MIB.

For information about how our panel of expert solicitors can help you with making an MIB claim, you can get in touch with one of our trained advisors.

Can I Make A Claim If An Uninsured Driver Hits Me?

Yes, you can still make a claim if you have been hit by an uninsured driver. As we discussed above, you would do this through the MIB.

To do so, you will need to meet 3 criteria:

  • You were owed a duty of care by a fellow road user.
  • That duty was breached.
  • The breach led to your injury.

Here, it is important to note that the duty of care owed to you as a road user is owed by all others on the road, and you also owe this duty of care. This duty entails using roads in a way that avoids causing harm to one another. Moreover, road users are expected to follow the rules and regulations set out by the Road Traffic Act 1988 and the Highway Code.

Can The Uninsured Party Try And Claim Against Me?

If you are found liable for the accident, the uninsured party may be able to make a claim against you. In such a scenario, your insurance provider would be responsible for handling the claim and paying out any compensation for damages. It should be noted that making a claim wouldn’t prevent the driver from being fined or potentially having their vehicle seized due to being uninsured themselves.

Our team is here to support you from the outset, and we understand that you may want to know more about who can make an uninsured driver claim. Contact us today to get that information and find out how we can help you.

How Will I Know The Other Driver Is Uninsured?

You could ask your insurance company to check the Motor Insurance Database (MID), a database of all insured drivers in the UK. Alternatively, you could use the MID yourself to check whether a driver is insured or not.

Get in touch with one of our advisors to discuss the circumstances of your accident.

Car insurance policy documents

The Average Amount Of Compensation From The MIB

For a severe back injury resulting in spinal cord and nerve root damage, the amount of compensation you might receive could potentially be between £111,150 and £196,450. Those figures are sourced from the Judicial College Guidelines (JCG), which is a publication that road traffic accident solicitors may refer to when calculating potential compensation for general damages. This is the head of loss awarded to you for your injury.

We have included a table below with guidelines for some of the JCG’s compensation brackets. Please keep in mind that the initial figure does not come from the JCG, and the table is not a guarantee of the compensation you could receive for a successful uninsured driver claim.

Injury Compensation
Multiple Severe Injuries + Financial Losses (such as travel costs)Up to £1,000,000+
Tetraplegia/Quadriplegia£396,140 to £493,000
Paraplegia£267,340 to £346,890
Very Severe Brain Injury
£344,150 to £493,000
Moderately Severe Brain Injury £267,340 to £344,150
Severe (i) Back Injury £111,150 to £196,450
Severe (ii) Back Injury£90,510 to £107,910
Severe (i) Neck InjuryIn the region of £181,020
Moderate (i) Neck Injury£30,500 to £46,970
Severe Shoulder Injury £23,430 to £58,610

Can I Claim For Financial Losses?

You might be able to claim special damages if you experienced financial losses because of your injury. Road traffic accidents can lead to significant expenses, from vehicle damage to loss of earnings, which special damages consider alongside other costs, such as:

  • Loss of future earnings.
  • Medical costs, including prescriptions.
  • Home adjustments like installing a stair lift.
  • Travel costs to medical appointments.
  • Rehabilitation fees.
  • Childcare costs if your injuries mean you have needed help.
  • Care costs, either professional or from a relative or friend.

In order to claim special damages, you will need evidence to prove your financial losses. For instance, you could use payslips, receipts for travel expenses, or bank statements for childcare costs.

If you would like more information about compensation, feel free to speak with one of our helpful advisors for free and confidential advice. 

A woman holds her head with a calculator

What Should I Do After Being Hit By An Uninsured Driver?

Your first steps should be to ensure you receive medical assistance and that the incident is reported to the police as soon as possible. Once that is done, try to gather as much information about the accident as practical. As a starting point, write down the other vehicle’s registration, model, and make.

You may also benefit from the following evidence:

  • Date and time of the accident.
  • Dashcam footage or CCTV recordings showing the accident taking place.
  • Medical records, which could outline your injuries, treatments, and any ongoing related issues.
  • Contact details for anyone who may have seen the accident.

If you decide to work with a solicitor from our panel, they could help you gather eyewitness statements and other types of supporting evidence. Get in touch today to learn more about how they could assist you throughout the claims process.

What If The At Fault Driver Hit And Run?

If your accident was caused by a driver who subsequently fled the scene, you could still make a claim through the MIB’s Untraced Drivers Agreement. The MIB handles more than 15,000 claims per year involving hit and run accidents.

Generally, the process for making a hit and run claim is as follows:

  1. Contact the police with details of the accident.
  2. Gather supporting evidence, such as pictures of injuries, date and time, and the details of involved parties.
  3. Submit a claim to the MIB.
  4. The MIB will then investigate the matter and may request additional information from you.
  5. Finally, the MIB will decide on your claim. If you are unhappy with their decision, you can negotiate or dispute their findings.

Have you been involved in a hit and run accident that wasn’t your fault? If the answer is yes, please get in touch today for a free, no-obligation consultation on whether you could make a compensation claim.

Do I Have To Make An Uninsured Driver Claim Within A Time Limit?

You usually need to start a claim within 3 years of the road traffic accident happening. This time limit is established by a piece of legislation called the Limitation Act 1980.

However, minors and individuals with a mental incapacity are exempt from this time limit since they cannot launch a claim by themselves.

  • If an individual is involved in an accident before their 18th birthday, they have until 21 to start a claim running from their 18th birthday.
  • Should someone lack the mental capacity to claim on their own behalf, then they wouldn’t face any time limits unless that capacity is regained. In this case, the time limit would run from the recovery date.

If you’re unsure whether your claim falls within the permitted time limit, get in touch with one of our friendly team members.

How Long Can I Expect Until My Claim Is Settled?

Whilst the MIB aims to make a decision on cases within 3 months, there is no definitive timeframe for how long it may take for your claim to be settled. Every road traffic accident has unique circumstances, and your claim may take longer because of factors like:

  • How long it takes for the police to release their report to the MIB.
  • Whether the MIB has to arrange an independent medical report.
  • The extent of evidence needed and whether there is any conflicting information.

You can talk to our helpful and friendly advisors if you have any questions about this aspect of making an uninsured driver claim.

Can A No Win No Fee Solicitor Help With My Claim?

If you have grounds to make an uninsured driver claim, you could benefit from using a No Win No Fee solicitor. Our panel of expert solicitors work under the terms of a Conditional Fee Agreement (CFA), which means you wouldn’t pay:

  • Solicitors’ fees upfront.
  • Solicitors’ fees during your claim.
  • Solicitors’ fees if you don’t receive compensation.

Your solicitor will get a success fee if you receive compensation. This fee is small since the percentage taken is capped in line with the Conditional Fee Agreements Order 2013.

Moreover, working with our panel of solicitors also comes with the following advantages:

  • Compiling evidence to support your claim.
  • Advocating on your behalf to ensure the best settlement outcome.
  • Handling correspondence on your behalf.
  • Supporting you at every stage of the claims process.

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We understand that being involved in a road traffic accident can be distressing, so we want to thank you for taking the time to read our guide on making an uninsured driver claim.