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Can I claim against an uninsured driver?

Many people expect the answer to be negative when they ask, “If I have been injured in a road traffic accident, can I claim against an uninsured driver?” Though it may not be possible to obtain compensation directly from the individual concerned, there is another way.

The Motor Insurers’ Bureau (MIB), financed by insurance companies as part of an arrangement with the Department of Transport, operates a special fund to help people in such situations. Claiming can be complicated, but Accident Advice Helpline is here to help and you can call us for free advice, and an assessment of your claim, at any time.

Taking action

As soon as possible after an accident you should contact the police and, if you were driving yourself, your insurance company. You must notify the police within five days if you want to make a claim for damage to your vehicle; this is normally subject to a £300 excess, or within 14 days if you intend to claim for personal injury compensation. You will also need to see a doctor who can make a proper assessment of your injuries.

Any claim for personal injury must be made within three years; the same applies to claims for damage to your vehicle or property if you live in Scotland. If you live elsewhere in the UK you have six years.

Getting help

If you decide that you would like to instigate a claim you are strongly advised to retain the services of a solicitor to help you do so. You can either find one locally or contact us at Accident Advice Helpline. We will do our utmost to minimise any legal fees, whilst endeavouring to complete your case as quickly and efficiently as possible and maximising the amount of compensation you receive.

As a national organisation we have a large team of solicitors on our books; several of them will be local to you. We take pride in matching up our clients with legal experts who specialise in specific areas of the law.

We are therefore able to allocate someone to you who will have years of experience in helping people claim against uninsured drivers. Having this kind of expert help can make a big difference to your chances of success, because the MIB will have specialist lawyers on their side.

Keeping it simple

We do not believe that taking legal action needs to be complicated. Our aim is to make it as simple as possible for you, because we realise you already have plenty to deal with, simply recuperating from your injuries.

If you appoint us to represent you we will set everything up so that you can deal with your solicitor over the phone and will not have to worry about lots of extra travel. In some cases, our clients do not even have to appear in court.

What happens to the uninsured driver?

By claiming against the MIB you do not need to worry that you are letting the driver who hit you off the hook. Driving without insurance is an offence that carries a fine of up to £5,000, so you can be sure that lessons will be learned.