How to make an injury claim against an uninsured driver
Road traffic accidents are something that nobody wants to experience. They are without a doubt stressful, emotional and generally traumatic experiences, especially if you sustain an injury.
The ideal situation following a collision is that everything runs smoothly – but this is not always the case.
There are many incidents where it becomes apparent that the other driver involved does not have valid insurance or even worse, is driving a stolen vehicle. If you find yourself in this situation, you may be wondering what to do or if you are entitled to make a claim for compensation.
If the other driver is responsible for the accident, then yes you are entitled to make a compensation claim.
However, if the third party does not have insurance or is driving a stolen car, the way in which the claim is processed may be slightly different.
Who will pay my claim if the third party is uninsured?
Uninsured drivers: It may be that the third party driver is not insured to drive the vehicle which was involved in the accident, but the vehicle is insured for someone else to drive. In these cases, some insurance companies will still pay out compensation to the innocent party but this is at the discretion of the insurance company.
If you find yourself in this situation but the insurance company will not pay out, you should contact the Motor Insurers Bureau who can make a claim on your behalf.
Stolen vehicles: if it becomes apparent that the driver responsible for the accident was driving a stolen vehicle, then the owners insurance company may pay compensation to the innocent party (only if the owner of the car has valid insurance).
Again, this is at the discretion of the insurance company and if they refuse to pay out, then you can contact the Motor Insurers Bureau who will be able to assist you in making a claim.
The Motors Insurers Bureau
The Motor Insurers Bureau (MIB) is an organisation who specifically help members of the public who have been involved in a road traffic accident involving a driver who does not have insurance or with a hit and run driver.
It is possible for you to go straight to the MIB without speaking to a solicitor first, but it is recommended that you do seek legal advice beforehand as the bureau’s processes are often lengthy and complicated.
Seeking legal advice first will allow a solicitor to guide you through the process.
How to make a claim…
In order to process a claim for injury, you must be able to prove that the other driver was responsible for the accident. To do this, a solicitor will ask you for certain details about the accident so you should aim to gather this evidence at the scene.
This may include the date, time and location of the accident. The weather conditions and road conditions at the time of the accident. And the third party’s details – name, address, contact number, insurance details and their vehicle details – make, model, colour and registration number.
Any additional information will only help your claim so you should try and get the following where possible – photographs of the scene of the accident, photographs of any injuries sustained, names and contact details of any witnesses (who are willing to make a statement), and any documents and receipts of medical treatment, travel expenses and loss of earnings.