Can I claim compensation if I was Injured by an uninsured driver?
If you have been injured in a car or other accident that was not your fault, the law entitles you to claim financial compensation. If the driver at fault was uninsured, it is still possible to make a claim, but the process will be different.
The number of uninsured drivers is declining
It is a criminal offence to drive a car in the UK without insurance. Technological advancements like number plate recognition have greatly aided policing over the last 10. The police have also been granted greater authority for dealing with uninsured cars and drivers.
The Motor Insurers' Bureau (MIB) introduced the Motor Insurance Database (MID) which now correlates its' data with the DVLA. If an uninsured vehicle is detected, the MID system will send warning letters followed by a SORN declaration to confirm that the car is off the road.
All car insurance policies are now 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 Motor Insurers Bureau (MIB)
The Motor Insurers Bureau (MIB) is the official body that compensates victims of negligent uninsured and untraceable drivers.
Under the 'Uninsured Drivers Agreement' scheme, if you were injured by an uninsured driver in the UK, including Isle of Man, Channel Islands and Gibraltar, you can make a compensation claim from the MIB, either directly or through a solicitor.
What should I do if I was injured by an uninsured driver?
The first step will be to try to identify the other driver's insurer. If 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 claims through the MOB tend to take longer to settle.
You can also make a claim directly through the MIB if you prefer.
If you have been hurt in an accident, you should not be deterred from making a claim if the other driver was not insured or was untraceable.
How did your injury happen?
The claims process for a road traffic injury will depend on where and how the accident happened. Click the icons below for more information:
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Questions about road accident claims?
Get all the answers in our comprehensive FAQ section:
- How will a personal injury claim affect my benefits?
- Will I have to pay tax on my injury compensation award?
- Do I have to use my insurance company's injury solicitor?
- Can I claim injury compensation if there were no witnesses?
- Can I claim for an injury if partly to blame for an accident?
Howard Willis, Personal injury solicitor
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.