Compensation Claims Against Uninsured Drivers

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//Compensation Claims Against Uninsured Drivers
Compensation Claims Against Uninsured Drivers 2018-11-08T11:50:29+01:00

All motorists who use their vehicles on the roads in the UK are obliged by law to have valid insurance. When road traffic accidents happen, this legal requirement means there should always be an insurance company in place to pay out for any damage or loss caused by their policyholder.

However, in 2016 it was estimated that 1 out of every 38 vehicles in the UK is being driven without insurance. So what happens if you are injured in a road traffic accident and the other driver was not insured? Can you still claim compensation?

In theory, the law allows you to claim from the other driver directly if they were at fault. However, compensation claims can often involve large sums of money – especially if severe injuries have been sustained. Most people don’t have that kind of money lying around so bringing a compensation claim against an individual is often impractical.

Fortunately, if you have been involved in a road traffic accident with an uninsured driver, which was not your fault, you can make a claim through the Motor Insurers’ Bureau.

The Motor Insurers’ Bureau (MIB)

The MIB is an organisation set up and funded by motor insurers to deal with claims without a known insurer to direct it to. This covers situations where:

  • The other driver is uninsured.
  • The other driver cannot be traced.
  • The other driver was driving a vehicle registered in a foreign country.
  • You have been involved in an accident abroad (in certain situations).

The MIB has an agreement with the UK government to provide compensation for claims of these kinds.

You may think this means the other driver ‘gets away with it’. After all, if the MIB is compensating you, and the other driver has no insurance company, then the financial impact on that driver would not even amount to increased premiums. This is not the case. The MIB may seek recovery of their expenditure from the uninsured driver. Even if they do not, for whatever reason, the MIB operates a database of uninsured vehicles. They share this information with the police, helping to prosecute those driving without insurance and assisting in the removal of uninsured vehicles from the roads.

Why instruct Truth Legal to deal with your claim?

You can submit a claim to the MIB without instructing a firm of solicitors. However, claims can often be just as complicated as ‘ordinary’ personal injury claims.

For this reason, you should instruct specialist solicitors to act on your behalf. Our experienced team of solicitors are able to guide you through your claim with their knowledge and expertise. We have handled numerous successful uninsured driver compensation claims, all proceeding under a No Win, No Fee agreement.

We are a niche firm of brilliant personal injury solicitors based in Harrogate with presences in York, Manchester, and London. We are more than willing to sit down with you for a free, no-obligation consultation and to discuss any ways in which we can help you.

Contact us now to begin your claim.

If you already have another firm acting on your behalf, but they are not providing you with the service you deserve, remember you can always change your solicitors. If you do not feel confident in the abilities of your legal representatives, switching your case to Truth Legal will ensure you have experienced personal injury solicitors working on your case.

Making a claim to the MIB

Claims made against the MIB are largely similar to other personal injury claims. The relevant law is the same: you still have to prove that the uninsured driver had a duty of care towards you, that they fell short of the duty’s required standards, and that this caused your injuries

Just because the MIB is involved does not mean they will automatically accept the uninsured driver was responsible for the accident. They will conduct their own investigations and – if the MIB does not consider the uninsured driver to be liable for the accident – they will dispute your compensation claim.

This is where Truth Legal’s specialist representation can make all the difference. We will fight your case tenaciously and do all we can to secure you the compensation you deserve.

In the same way as other personal injury claims, you can still claim for other losses you have incurred besides your injuries. Here are some of the most commonly incurred kinds of loss:

  • Travel expenses.
  • Medical expenses and treatment costs.
  • Care and assistance.
  • Loss of earnings.

Differences in claiming from the MIB

There are some differences between an MIB claim and a personal injury claim against an insurance company.

  • Reporting to the police – Although not required for an uninsured driver claim, it is advisable to report the accident to the police. If the other driver refused to provide their insurance details, this should also be reported to the police as it is a criminal offence.
  • Establishing the other driver is uninsured – Truth Legal can help with this by searching insurance databases for the vehicle’s registration. The MIB will also conduct investigations.

Insurance details or a responsible insurance company may be discovered as your claim is progressing. If this happens, your claim will have to be redirected to the relevant insurance company and your claim against the MIB will cease.

Are there any time limits to claiming from the MIB?

Legal time limits apply to all personal injury claims. These apply to claims submitted to the MIB as well. If you have been injured in an accident due to an uninsured driver, the general rule is that you must submit your claim within 3 years of the date of the accident. If you do not, it is likely you will be unable to claim compensation.

There are other rules which may alter the applicable time limit, but it is always advisable to investigate as soon as possible if you think you may have a claim. If you wish to discuss your case, contact us right away.

No Win, No Fee Agreements and claims against uninsured drivers

No Win, No Fee Agreements often mean that you do not have to worry about paying our fees if your claim is unsuccessful, though there is likely to be a deduction from the compensation to pay towards the legal fees. This also includes situations where the MIB reject your claim.

Truth Legal will usually conduct matters on the basis of a No Win, No Fee agreement if the accident was not your fault.

If we are successful in securing compensation for you, our fees will be paid by a portion of your compensation award and also by the MIB. This is how No Win, No Fee agreements generally operate.

If you have any concerns on how your claim will be funded, we are more than willing to explain matters further. We will always provide you will full information regarding fees before we begin acting for you.

Finding out more about claiming from an uninsured driver

If you would like to discuss your circumstances in more detail, or you wish to know more about the MIB or claiming from an uninsured driver, please contact us.

We also offer free initial consultation sessions. These give you time to speak to us about your case without any cost or obligation to proceed further.

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