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Road Traffic Accidents Involving Uninsured or Stolen Vehicles

If you or a member of your family is suffering from a personal injury caused by a road traffic accident involving an uninsured or stolen vehicle, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form .

Road Traffic Accidents
Road Accidents with Uninsured Drivers
Claims Against Uninsured Drivers
Compensation
Our Personal Injury Lawyers

Road Traffic Accidents

All road users have a responsibility to each other to exercise due care whilst on the road. Failure to do so can amount to 'negligence' in law. If an accident occurs in which a person is injured through the negligence of someone else, the injured person may be able to claim compensation.

Unfortunately, there are some road accidents where the negligent party does not hold a valid insurance policy or is driving a stolen vehicle. As most personal injury claims are made against the negligent party's insurers, this naturally makes a claim more complicated. There is however an organisation called the Motor Insurers’ Bureau, (MIB) that can help to compensate victims of such incidents.

If you are involved in an accident, it is advisable to take down as much information as possible, including witness and vehicle details. Also record and keep receipts for any expenses and medical treatment related to your injuries. You should always call the police, who will compile a report of the incident, which is very important in any claim.

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Road Accidents with Uninsured Drivers

It is an unfortunate fact that there are a number of drivers on UK roads without valid insurance cover for their vehicle.  It is estimated that around 5-8% of all vehicles on the road are uninsured and that this number may be even higher in some parts of the country.

If you are involved in an accident with an uninsured driver, or any driver who refuses to provide details of their insurance, you need to report the matter to the police as soon as is reasonably possible.  This is particularly important as, in order to make a claim against an uninsured driver a report must have been made within a certain period of time (within 14 days for personal injury cases and 5 days for property damage claims).  You should ensure that you obtain an accident reference number as evidence that you reported the accident.

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Claims Against Uninsured Drivers

Using the MIB (Uninsured Drivers Agreement) 1999, a claim for damages in respect of a road accident can be pursued against an uninsured driver.

This agreement is complex however and subject to many provisions and exclusions, so it is crucial that specialist advice is obtained urgently. For example, it is still technically possible to issue proceedings in an uninsured driver's case.  When proceedings are issued there are a number of strict deadlines that must be complied with.  Failure to do so may mean that the MIB do not pay out for the claim.

It is always advisable to seek the legal advice of a specialist personal injury lawyer. In every case, medical evidence will be required, and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

The claim will be issued against the person at fault for the accident, however the MIB will pay out the compensation to the injured party if it is successful.  Damages and costs are awarded along the same lines as in any other road accident claim, however there are some exceptions which your lawyer will tell you about if they are relevant to your claim.  For MIB claims there is also a compulsory excess for property damage of £300.00.

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Compensation

If your claim is successful, and our Legal Line solicitors will be working hard to ensure that this will be the case, you will be entitled to two elements of a compensation award.

The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after the accident that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc. The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.

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Our Personal Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of road traffic accidents. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

For details of successful claims our lawyers have handled for road accidents involving uninsured drivers, see our news and client stories sections.

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