What should I do if I get into a car accident with a uninsured driver in the UK?

What should I do if I get into a car accident with a uninsured driver in the UK?

‘Have you been involved in a road traffic accident that isn’t your fault?’ This is a familiar question that we often hear from adverts. However, what happens if you were involved in a road traffic accident with a driver that was not insuredin the UK? In the absence of the insurers for the responsible party, is it still possible to make a claim and possibly get compensation for your injuries resulted from the accident?

The Motor Insurers’ Bureau are a non-profit-making company set up by motors insurers, who have entered into agreements with the UK government to compensate victims of motor accidents caused by uninsured drivers. The Road Traffic Act 1988 requires that every motor insurer must be a member of the MIB and must contribute to the funding of the MIB. The time limit to submit a claim is the same as road traffic accident claims against injured drivers – within three years of an accident if claiming for personal injury. In the case of injury for children, the three year time limit commences on the 18th birthday.

On the claim form, the MIB will ask you to provide details to learn more about your involvement in the accident, details of the parties involved, details of the accident, details of police involvement, witnesses, details of your claim, and any associated personal injury as a result of your accident.

Once the claim has been submitted to the MIB, you or your legal representatives will be contacted and an investigation will commence. The investigations by the MIB are to establish the facts, confirm the identity of the parties involved, obtain independent reports from motor engineers or witnesses, obtain a police report, and contacting other bodies such as the DVLA, your insurer, or a foreign bureau. If you are claiming for personal injury, the MIB may need to obtain copies of your medical records from your GP and hospital you attended after the accident. The MIB may also need to obtain an independent medical report to assess your injuries caused by the accident.

The MIB will compensate you once a causal link is established between your injuries and the negligence of the driver that you consider responsible.

Many solicitors provide services on a conditional fee agreement (also known as a “no-win-no-fee”) basis, which means you only have to pay for the legal services if your claim succeeds. For example, at Chan Neill Solicitors LLP, subject to conditions and eligibility, we take on no-win-no-fee cases for personal injury claims.

Chan Neill Solicitors LLP is one of the leading law firms in London which houses an established Personal Injury practice. Our experienced team of lawyers can offer specialist advice and provide solutions. If you would like to learn more about our Personal Injury practice, please visit https://www.cnsolicitors.com/practice-areas/personal-injury/.

If you have any enquiries, you can fill in and submit the contact form at https://www.cnsolicitors.com/contact-us/. You can also contact reception at 020 7253 7781.