The effects of being in a road traffic accident can be extremely traumatic, to then find out that the driver who has hit you is uninsured can add further unnecessary stress and cause delay. If you are in a collision with an uninsured driver, this does not necessarily mean that you will not be compensated.

Section 143 of the Road Traffic Act 1988 states that it is against the law for any driver to use a motor vehicle without insurance, yet it is thought that there are up to 1 million uninsured drivers on UK roads. In some situations, such as when the person driving is not insured under the policy, but the vehicle is insured, the insurance company may be willing to deal with the claim. But what happens if they refuse to?

The Motor Insurers’ Bureau’s Uninsured Drivers Agreement exists to protect law abiding road users to ensure they are not financially worse off because of those who chose to ignore the law. When the Defendant driver does not have the necessary insurance and the insurance company have refused to deal with the claim, the claim will need to be made via the Motors Insurance Bureau (MIB).

The MIB is a non-profit organisation that is funded by motor insurers to deal with claims where the insurer is unknown or where the driver cannot be traced. If you have the drivers name and address, it should be provided, if you do not have this information, then the claim will be considered as an untraced claim and will be dealt with under the MIBs Untraced Drivers Agreement. In these circumstances, the accident must be reported to the police within 14 days, unless you had good reason for a delay, if not your claim could be rejected.

Compensation for injuries in car accidents in the case of uninsured or untraced drivers include the same type of damages as any civil claim. General damages, to compensate for the pain or suffering caused by your injuries and special damages that cover your financial losses. The application needs to the MIB on or within three years of the accident, for the claim to be accepted and processed you have to comply with the MIB agreement.

If you have been in an accident with an uninsured driver contact Richard Harriman by email or on 01494 521301.