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.

If your injuries were caused by another driver, cyclist, pedestrian or any other road user, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a road injury compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about how the road accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

By law, all drivers must have insurance to cover the cost of injury compensation claims. Even if you were injured by an unisured or untraceable road user, a claim may still be possible.

We can help you make a road accident claim on a No Win No Fee basis.

In this article

Introduction

If you have been injured in a road accident with a stolen or uninsured vehicle, you will usually have a right to claim compensation. However, the process differs from a standard road accident claim involving an insured driver.

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. Fortunately, this is not the case. If you have been injured in a hit and run, you can still claim compensation.

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', you can claim for personal injury compensation and for damage to property.

To be eligible to make a claim, you must have reported the accident to the police within 5 days for damage to property; or within 14 days for personal injury. You will be issued a crime number, which must be produced when making an application.

Is there a time limit for making a claim?

If you are claiming for injury compensation, you have 3 years from the accident date to start your claim. You must start a property damage claim within 9 months of the accident.

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) of your case has been made.

As it is not possible to bring a case to Court where the defendant is untraceable, you will be required to evidence that the other driver was responsible for the accident.

An experienced personal injury solicitor will be able to advise you and assist in the collation of this evidence.

In addition, you will need to obtain medical evidence that determines the extent of your 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 your 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.

Do I have an injury claim?

As a basic rule, you can make an injury claim if your injury occurred:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if the road accident was my fault?

If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.

In these cases, claims are usually settled with a split liability agreement.

For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.

Read more about when there is uncertainty as to who is to blame.

What if the driver was uninsured or untraceable?

If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).

The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I didn't seek medical attention?

If you did not seek medical attention to have your injuries diagnosed after an incident may make proving liability more difficult, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General 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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • 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.

For example:

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 an 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 an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

Calculate compensation

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?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

No win, no fee takes the risk out of making an 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 an 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 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 injury claim?

If your 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.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and 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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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  • Tick icon FREE consultation
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  • Tick icon No obligation to start a claim

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.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an 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 376 1001 to find out if you are still able to claim 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.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?