Uninsured Driver Claims

Can you claim against an uninsured driver?

Victims of car accidents where the driver is not insured still have a remedy to seek damages for injuries they have suffered. They can do this through the Motor Insurers’ Bureau (MIB), an independent body created by statute and funded by all the major motor insurers. The MIB’s job is to step into the shoes of the insurer, to satisfy all genuine claims made against a negligent – but uninsured – driver.

There are however some strict procedural rules that need to be followed in MIB Uninsured Driver cases:

1. The accident must have been reported to the police (assuming details were not exchanged).
2. The MIB must be notified if court proceedings are started, and copied in on all developments.
3. Judgment has to be obtained against the uninsured driver if the MIB are to be compelled to meet the claim.

The Uninsured Driver Scheme is better for the accident victim than the Untraced Driver Scheme (which deals only with Hit and Run cases). Hit and Run claims are dealt with under a separate self-contained scheme with its own rules, whereas uninsured driver cases follow the usual civil rules and protocols so that if a settlement cannot be agreed upon with the MIB then civil court proceedings can be issued and the matter put before a court. And compensation is calculated in the same way as a normal personal injury claim.

The usual costs rules also apply to an uninsured driver case, so that if the case is successful the MIB can be expected to meet the accident victim’s legal costs. There are also some special rules and exclusions for MIB Uninsured Driver claim that can be complex and it is important to obtain specialist legal advice.

Steps you should take in the event of an accident

• It may not be apparent that the other driver is uninsured. You should exchange details (name, address, telephone number and insurance provider) in every case, even if you do not think at first there was a significant injury.
• Take photographs if possible showing the vehicle damage, the other vehicle’s registration number and the other driver
• Report the accident to the police immediately by phone and wait for the police to attend the scene. If this is not possible then report in person to your local police station as soon as you can and get a crime reference number.
• Write down a description of the offending vehicle and any detail at all of the driver as well as the accident circumstances
• Speak to any eyewitnesses and make a note of their name and address

Starting your Uninsured Driver Claim

We will then be able to advise you on whether or not you can make a compensation claim. On contacting us you will speak in confidence to a member of our personal injury team who will ask you specific details about your injury including where and when it took place. It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, pictures of where the injury took place, details of any witnesses and reports of any medical treatment you had as a result of the injury.