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Compensation for an Accident Involving an Uninsured Driver

Road traffic accidents

If you’re involved in a road traffic accident (RTA) then there’s the possibility you’ll suffer injuries of some kind. Although driving has never been safer than it is now – thanks to advances in the safety technology included in new vehicles and overall standards of driver education – there is still one factor which can never be truly accounted for, and that’s the negligent or reckless behaviour of other road users.

If you’re unfortunate enough to cross paths with someone who is not driving with due care and attention then it doesn’t matter how careful you’re being on your own behalf. Injuries in RTA’s can range from cuts, bruises and whiplash all the way up to major problems such as the amputation of limbs, paralysis and even death.

Bearing this in mind it’s only right that a system is in place which makes it possible for anyone who has been injured in such a way to make a claim for compensation. The money received for a successful claim will be intended to reflect the scale and impact of your injuries whilst also ensuring that the accident won’t end up leaving you financially worse off. To this end, you’ll be paid an amount to cover any expenses arising directly from your injuries, as well as money to replace wages lost due to any impact on your ability to earn a living.

The no win no fee system means that you don’t have to pay anything up front to enlist the services of a personal injury lawyer and will get to keep the majority of any compensation you receive. In the vast majority of cases, this compensation will be paid by the insurance company of the other driver but, sadly, there are still people who take the risk of driving their car without insuring it.

Accidents involving uninsured drivers

A Freedom of Information request by the RAC revealed that in 2018, almost 80,000 drivers were caught driving without insurance – and since this figure only includes those who have actually fallen foul of the law, it may be representative of a much larger problem. The figures for 2018 actually represent a big drop from 2017, when over 118,000 people were caught driving without insurance.


The good news, however, is that it is still possible to make a claim for compensation if your accident was caused by an uninsured driver, or if the other driver failed to stop and cannot be traced.

Claims of this kind will be dealt with by the Motor Insurers’ Bureau, a body which has been around since 1946 and was set up to provide a fund of money to compensate road users who have been involved in accidents of this kind. Every insurance company in the UK has to pay a levy to the fund, and this money is then used to pay compensation.

If you’ve been involved in an accident with an uninsured or untraced driver then it may seem tempting to simply despair of your bad luck. A personal injury lawyer, however, will put together a case to present to the MIB in order to make sure that you won’t have to go on suffering thanks to the negligent and frankly illegal behaviour of another road user.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.