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Personal Injury Claims Solicitors

Uninsured Driver Accidents

What to do if you have been involved in an accident with an uninsured driver.

If you have been involved in an accident with an uninsured driver you may be wondering whether you are still able to make a claim for compensation. After all, most people understand that it is usually the driver’s insurance company that pick up the bill for any damage their insured has caused to another driver’s vehicle. It is also the insurers that pay out an award of compensation to the injured party.

Even though it is illegal to drive a car on the roads without a valid insurance certificate in place, the number of drivers that ignore this law and proceed to drive whilst uninsured is quite alarming. Every year thousands of accidents are caused by drivers who do not have valid insurance for their cars leaving many injured parties wondering whether they are able to be compensated for the injuries they have suffered and the losses they have sustained.

Fortunately, there is an organisation in place called the Motor Insurers Bureau which was set up over 60 years ago to compensate the victims of uninsured drivers. (The MIB also compensate victims of untraced drivers, such as those who have been involved in a hit and run accident). All UK motor insurance companies belong to the Motor Insurance Bureau and help to pay it’s costs and the money it is required to pay out to victims. Unfortunately, this does mean that the ultimate cost of funding claims made against uninsured drivers is met by law-abiding road users who pay their car insurance as required to do so.

If the claim you are making is being pursued against an uninsured driver, your claim will proceed in almost exactly the same way as if you were claiming against an insured driver, except that instead of negotiating with another firm of solicitors or insurance company, negotiations will take place with the MIB. Your solicitor must carry out every step possible to make sure the third party driver does not have an insurance policy in place and when this has been established discussions regarding liability and quantum (i.e the value of your claim) will take place in the usual way. Your solicitor will obtain medical evidence to ascertain the value of your claim and will collate details of your out of pocket expenses. This documentation will then be disclosed to the MIB who will usually agree to pay the same amount of compensation that you would be awarded if the matter proceeded to a court hearing.

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Gray Hooper Holt LLP is a firm of solicitors and is Authorised and regulated by the Solicitors Regulation Authority. Its registered office is at 6 Linkfield Corner, Redhill, Surrey, RH1 1BB and its company number is OC318445.