Can I get compensation if the other driver was uninsured?
There is common misconception that the other driver in a car accident must be insured in order to make a compensation claim for a road accident.
This misconception often deters and even inhibits people from taking legal action when they have a legitimate right to do so.
It is uncertain how this misunderstanding of the facts has become so prevalent but without doubt it is the insurance companies that stand to gain the most.
Number of uninsured cars has halved in last 10 years
It is a criminal offence to drive a car in the UK without suitable motor insurance. Policing this has been greatly aided over the last 10 years due to advances in technology such as number plate recognition as well as increased police powers to deal with uninsured cars and drivers.
The introduction of the Motor Insurance Database which correlates data held by DVLA with data held on its own database has also helped. IF a car is detected to be uninsured the MID system will send warning letters and ultimately a SORN declaration to confirm that the car is off the road.
Nearly 100% of car insurance policies are added to MID within 7 days of the policy commencement date.
As a result these initiatives the number of uninsured cars has halved in the past 10 years the number of uninsured cars has halved in the last 10 years according to the MIB.Back to top
Motor Insurers Bureau (MIB)
If you have been in a accident with an uninsured driver, a body called the 'Motor Insurers Board' or 'MIB' will cover the liability of the person or driver to blame. The MIB are effectively a quasi-insurer.
The MIB was established in 1946 to compensate the victims of negligent uninsured and untraced motorists. It is uncertain as to why more potential accident claimants are not aware of their existence.Back to top
What do the MIB do?
The MIB operate a scheme called the "Uninsured Drivers Agreement", established to protect the victims of uninsured motorists.
Under the scheme you may be entitled to compensation for injuries as well as other losses. The rules can be different to normal road accidents, so Quittance's solicitors offer specialist expertise to ensure the best chance of success.Back to top
So does the responsible driver get off?
It is often a concern that the guilty party does not pay for insurance, so the rest of us pick up the tab.
If your claim is successful, the MIB pay your compensation so you don't suffer as a result of the uninsured driver. The MIB then make the uninsured motorist pay it back, however long that may take.Back to top
What happens if you are hit by an uninsured driver?
The first step will be to attempt to identify the other drivers insurer - assuming the other driver can be traced.
In the unlikely event that the other driver is not insured, a personal injury solicitor will approach the MIB in exactly the same fashion as they would a normal insurer. The case can the be expected to follow broadly the same process. although it may take a little longer as their are additional steps.
If you have been hurt in an accident and are contemplating making a claim, you should not be deterred by the fact that the other driver may not have been insured or even traceable.
Quittance's panel of solicitors have a wealth of experience dealing with claims via the MIB.
Contact Quittance now for more information about or no win no fee service for claimants.