Claims against uninsured or untraced drivers

Claims against uninsured or untraced drivers

If you are injured as the result of a road traffic accident, you will usually be entitled to claim compensation from the insurance company that provided cover for the other vehicle.

Even though it is a legal requirement for all vehicles used on the roads in the United Kingdom to be insured, it’s estimated that there are over a million uninsured drivers in the U.K.

What happens if you are injured as the result of an accident caused by an uninsured driver?

In 1946 an organisation called the Motor Insurers’ Bureau (MIB) was set up to compensate the victims of negligent uninsured and untraced motorists. All insurance companies that provide car insurance in the UK must also be members of the MIB and contribute towards the cost of running the MIB. The MIB costs each law abiding insured motorist between £15 to £30 a year through their insurance premiums, and the benefit of the scheme to an innocent victim of an uninsured motorist can be enormous.

The MIB deals with compensation claims under 2 different schemes – The first is the Uninsured Drivers’ Agreement, which provides compensation to the victims of drivers of vehicles where the driver was identified but did not have valid insurance in place at the time of the accident.

The second scheme is the Untraced Drivers’ Agreement and provides compensation to the victims of ‘hit and run’ accidents where the driver cannot be identified or found.

In both cases the MIB will only assist where there is no possibility of a claim under an existing insurance policy.

The scheme also requires the victim of the accident to take all reasonable steps to identify the other driver.

It is not enough just to say that you were hit by an uninsured or untraced driver. If the other driver does stop and they do not have insurance, it is quite possible that they will not provide their correct contact details.

It is always important to record as much information about the other driver and their vehicle as possible. In all cases the vehicle registration number should be obtained whenever possible. If you have doubts about whether the other driver is insured, you may want to consider taking a picture of their car and the driver to help identify them later.

In all cases the accident must be reported to the police as soon as possible to be able to make a claim with the MIB, and most car injury claims caused by an accident of this nature must be started within 3 years of the accident date.

If you have suffered an injury as the result of an uninsured or untraced driver, either as another road user or a pedestrian, you may be entitled to compensation for your injuries. To find out more, call our claims helpline for free legal advice on 0800 634 7575.