If you have been wondering, ‘I was injured when an uninsured driver hit my car, could I claim compensation?’, this guide may provide you with the information you have been looking for. We will discuss the eligibility criteria that must be met to have a valid car accident claim, and how claims against uninsured drivers can be made through the Motor Insurers’ Bureau.
Leading on from this, we will provide examples of accidents that you may be able to claim for that were caused by an uninsured driver. This guide will also provide guidance on how compensation may be calculated in road traffic accident claims, and what you could be compensated for.
Furthermore, we will provide examples of the evidence you could collect to support your personal injury claim. We will end this guide by looking at how one of our No Win No Fee solicitors could help you with claiming compensation.
You can contact one of our friendly advisory team members today to discuss your particular case and receive free advice. They can also help answer any questions you may have about the personal injury claims process.
Contact our advisors by:
- Calling 0800 073 8802
- Contacting us online to receive a callback.
- Using the live chat to ask a question.
Choose A Section
- Can I Claim If An Uninsured Driver Hit My Car?
- Examples Of Accidents That Could Lead To An Uninsured Driver Claim
- What Compensation Could I Recieve From An MIB Claim?
- What Evidence Could Help Me If An Uninsured Driver Has Hit My Car?
- Can I Make An MIB Claim With No Win No Fee Solicitors?
- Learn More About Making An Uninsured Driver Claim
Can I Claim If An Uninsured Driver Hit My Car?
Every road user has a duty of care to use the roads in a manner that is safe and responsible and avoids causing injury or damage to themselves or others. They must also adhere to the rules and regulations found within the Road Traffic Act 1988 (RTA) and the Highway Code.
Section 143 of the RTA states that anyone who drives a motor vehicle must have motor insurance to be able to use that vehicle on the roads legally, i.e. if you drive a car, you must have car insurance.
Additionally, under section 170 of the RTA, you are legally required to stop if you are involved in a road traffic accident that causes injury or damage. You must also exchange any relevant information, such as your insurance details, with anyone who has reasonable grounds for requiring them. You must also inform your insurance company or insurance provider of any accident you are involved in, regardless of whether you decide to make a claim or not.
If you are wondering, ‘Could I make a personal injury claim if an uninsured driver hit my car and injured me?’, you must ensure that your case meets the following criteria:
- Another road user owed you a duty of care.
- They breached this duty of care.
- This breach cause you to suffer an injury that was physical or psychological.
Claim Against An Uninsured Driver Through The MIB
If you are involved in an accident with an uninsured driver, you may be able to make your claim through the Motor Insurers’ Bureau (MIB). The MIB was created the victims of uninsured or untraceable drivers. To be able to make a personal injury claim through the MIB, your case must still meet the eligibility requirements set out above.
Contact our team of advisors today to see whether you could be eligible to make a personal injury claim through the MIB.
Examples Of Accidents That Could Lead To An Uninsured Driver Claim
There are various ways that a car accident could occur. However, as previously stated, to be able to make a personal injury claim, the other driver must have caused your injuries by breaching their duty of care.
Some examples of how you may be involved in an accident with an uninsured driver include:
- An uninsured driver hits the side of your car when they drove through a red light at a junction. This causes you to suffer multiple injuries, such as a dislocated shoulder and a broken leg.
- You suffer whiplash injuries due to the uninsured driver behind you crashing into the back of your car. This is because they were distracted by their phone and had failed to notice you had come to a stop at a zebra crossing.
- An uninsured driver fails to adhere to the rules of the roundabout, causing them to crash into your car. As a result of this, you suffer an arm injury.
These are only a few examples. If you are wondering, ‘Could I make a claim if an uninsured driver hit my car at a junction?’, you can contact our advisors.
What Compensation Could I Recieve From An MIB Claim?
You may also be wondering, ‘How much compensation could I receive if I was injured when an uninsured driver hit my car?’. If you make a successful personal injury claim through the MIB, you will be awarded compensation for your injuries and the pain and suffering they have caused you. This will be awarded to you under the head of loss known as general damages.
Those valuing your claim for general damages may refer to the Judicial College Guidelines (JCG) to help them. This document provides compensation guidelines for a variety of injuries, and we have listed some examples of these in our table below.
The last two entries of this table are fixed tariff amounts that have been taken from the Whiplash Injury Regulations 2021. These tariffs may be applicable in certain personal injury claims being made through the MIB.
Please note, that the first entry has not been taken from the JCG or the fixed whiplash tariff.
Compensation Table
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries With Financial Losses | Up to £1,000,000+ | Multiple injuries that are severe and their financial losses such as care costs, medical expenses and a loss of earnings. |
| Brain and Head Injury -Very Severe (a) | £282,010 to £403,990 | Cases involving very little if any evidence of a meaningful response to their environment, and person will require full time nursing care. |
| Back Injuries - Severe (a) (i) | £91,090 to £160,980 | Cases involving damage to the nerve roots and spinal cord which results in incomplete paralysis and impaired function in the bladder and bowels. |
| Arm Injuries - Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | Serious fractures to one or both forearms resulting in permanent disability. |
| Leg Injuries - Severe (b)(iii) Serious | £39,200 to £54,830 | Serious fractures or injuries to ligaments or joints resulting in instability and a certainty of arthritis in the future. |
| Knee Injuries - Moderate (b) (i) | £14,840 to £26,190 | Injuries that result in weakness, minor future instability, and wasting. |
| Shoulder Injuries - Serious (b) | £12,770 to £19,200 | Injuries including a dislocation of the shoulder and damage to the lower part of the brachial plexus. There will be restricted movement in the shoulder. |
| Injuries to the Pelvis and Hips - Lesser Injuries (c) (i) | £3,950 to £12,590 | Cases where despite there being significant injury, there will be little to no residual disability. |
| Whiplash Tariff - 2(1)(b) | £4,345 | 1+ whiplash and psychological injuries that last between 18 to 24 months. |
| Whiplash Tariff - 2(1)(a) | £4,215 | 1+ whiplash injuries that last longer than 18 months but less than 2 years. |
Special Damages In An MIB Claim
Additionally, you may also be awarded compensation for the financial losses you have experienced if you make a successful personal injury claim through the MIB. This will be awarded to you under the head of loss known as special damages.
Under special damages, you could claim compensation for:
- A loss of earnings of you needed to take time off work to recover.
- Medical expenses, such as prescription fees.
- Cost of care if you needed a carer.
- Travel expenses, such as taxi fares to essential appointments.
You’ll have to provide evidence to support your claim for special damages. This could include payslips and invoices, for example.
Contact our team of advisors to receive a free valuation of your potential claim.
What Evidence Could Help Me If An Uninsured Driver Has Hit My Car?
Another question you may be asking yourself is, ‘What evidence could help support my claim if an uninsured driver hit my car?’. The evidence you will need to gather to support your personal injury claim will need to demonstrate how the other driver breached their duty of care, and the injuries you suffered as a result of this breach.
Some examples could include:
- CCTV or dashcam footage that shows how the accident happened.
- Your medical records, highlighting the injuries you suffered and the treatment that they required.
- Photographs of the visible injuries you suffered, damage to your car, and accident site.
- The contact details of anyone who witnessed the accident as they could provide a statement later on.
A solicitor could help you with gathering this and any potential additional evidence, if you choose to work with one on your case.
Contact our team of advisors today to see whether one of our expert solicitors could help you with claiming compensation.
Can I Make An MIB Claim With No Win No Fee Solicitors?
Providing you have a valid claim, one of our No Win No Fee solicitors could help you through the claiming process. By offering you a Conditional Fee Agreement (CFA), you will not have to pay your solicitor anything for them to begin working on your case. You also will not have to pay for their services while the claim is in progress or if it ends unsuccessfully.
However, should they succeed with your claim, they will be due a success fee. Your solicitor will take their success fee directly from your compensation. There is a legal cap in place that limits the amount this percentage can be. This helps to ensure that the majority of your compensation stays with you.
Contact Us
If you are still wondering, ‘Could I make a personal injury claim after an uninsured driver hit my car?’, you can contact one of our advisors. They can help answer your questions and offer you free advice on your case. They may also connect you with one of our solicitors for car accident claims.
Contact them today by:
- Calling 0800 073 8802
- Contacting us online to receive a callback.
- Using our live chat to ask a question.
Learn More About Making An Uninsured Driver Claim
Additional guides by us regarding personal injury claims:
- If you have been injured as a car passenger, this guide discusses when you may be able to make a personal injury claim.
- Guidance on claiming after a fall at work that injured you.
- Guidance on claiming as a pedestrian hit by a car and the potential compensation you could receive.
Alternatively, you can use the following links to learn more:
- Information about the Motor Insurance Database from the MIB that keeps a record on all insured vehicles in the UK.
- Guidance on what to do if you’re involved in an accident with an uninsured driver from Gov.UK.
- Guidance and advice for road users from Think!
If you are still wondering, ‘An uninsured driver hit my car, could I make a claim for my injuries?’, you can contact our advisors.
