Stolen Vehicle Injury Compensation Claims
If your life, or the life of a loved one, has been affected by an accident involving a stolen vehicle we can help.
The purpose of this guide is to help anyone who has suffered an accident involving a stolen vehicle and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
stolen vehicle injury compensation:
It is possible to make a compensation claim following an accident with a stolen and/or uninsured vehicle. However, there are added complexities;
What the law says:
The law states that drivers involved in an accident are required to stop and exchange personal details with others involved in the incident.
If a driver is unable to stop for any reason, there is a legal requirement for that driver to report the accident to the police within 24 hours. Failure to do so is a criminal offence.
When drivers abide by the law the cost of any damage or injury to a third party is covered by their insurance. But what happens when the driver in question has stolen the vehicle and possibly fails to stop
Many people believe that they cannot make a compensation claim if they have been involved in a hit and run accident where the other driver is untraceable. This is a misconception which often deters people from taking legitimate legal action.
The Motor Insurers' Bureau (MIB)
Established in 1946, the Motor Insurers' Bureau (MIB) is an organisation funded by UK insurance companies.
Through its 'Untraced Drivers' Agreement' it provides a means by which members of the public who have been injured or had their property damaged by untraceable drivers can claim compensation. It also has a facility for checking the insurance status of any vehicle.
How does the MIB work?
Under the 'Untraced Drivers' Agreement', claims can be made for personal injury compensation or for damage to property.
To be eligible to make a claim, a claimant must have reported the accident to the police within 5 days for damage to property; or within 14 days for personal injury. A crime number will have been issued, which must be produced when making an application.
Is there a time limit for making a claim?
If the claim is for personal injury the claimant has 3 years from the accident date within which to apply. Damage to property claims must be made within 9 months.
How does the MIB assess and pay claims?
The MIB will pay compensation immediately once a positive assessment (i.e. an assessment in the claimant's favour) has been made.
As it is not possible to bring a case to Court where the defendant is untraceable, the claimant will be required to evidence that the other driver was responsible for the accident.
An experienced personal injury solicitor will be able to advise and assist in the collation of this evidence.
In addition the claimant will need to obtain medical evidence that determines the extent of the injury, its recovery period and any long term consequences to both health and financial loss. The medical evidence will also need to support a claim of 'causation' where a link between the injuries and the accident has been established.
How long does the MIB claim process take?
Dealings with the MIB tend to be more protracted than they would be if handled by a commercial insurer.
Exactly how long it takes will depend on the nature of the accident. Claimants can liaise directly with the MIB but documentation of the required information may be complex.
With so many factors to consider in making a claim it may be advisable to seek legal advice from a personal injury specialist in order to achieve the best outcome.
If you have been injured in an accident with a stolen vehicle do not be deterred by the fact that the other driver is untraceable.
The amount of money you could claim for your stolen vehicle injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your stolen vehicle injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a stolen vehicle injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe neck injury can be £75,000
For a more minor arm injury, in isolation, you would typically receive £4,000.
However, if you have a severe neck injury and a more minor arm injury, you would typically receive £75,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a stolen vehicle injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a stolen vehicle injury will depend entirely on your specific circumstances.
Your stolen vehicle injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a stolen vehicle injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Stolen vehicle injury compensation
Calculating how much compensation you can claim for a stolen vehicle injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your stolen vehicle injury claim could be worth now:
How long does an MIB claim take?
The length of time needed to secure compensation for a stolen vehicle accident can vary significantly.
For example, a simple road accident claim through the MIB can settle in a few months. However, more complex cases can take considerably longer. On average a road accident claim will take 3 to 4 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your stolen vehicle injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee, no risk
No win, no fee takes the risk out of making a stolen vehicle injury claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a stolen vehicle injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my stolen vehicle injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my stolen vehicle injury claim?
If your stolen vehicle injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. stolen vehicle injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Stolen vehicle injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a stolen vehicle injury claim?
In general, you have a time limit of up to 3 years from the date of the stolen vehicle injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your stolen vehicle injury claim becomes 'statute barred'.
Can I claim for a stolen vehicle injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim stolen vehicle injury compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert