Uninsured motorist accidents can cause injuries to other drivers, passengers, cyclists, motorcyclists or pedestrians.
It can be traumatic enough to be involved in a road accident but if the person at fault for the accident turns out not to be insured to drive the vehicle or if the vehicle they were driving was stolen, the whole incident can become even more upsetting.
If you have been hit by an uninsured driver or been involved in an accident with a stolen car that wasn’t your fault, then you may be entitled to make a claim against the uninsured driver. However, the way in which you make your accident compensation claim may be slightly different than normal.
Hit by an uninsured driver – what to do?
Our experts have offered their advice on how to make a claim against an uninsured driver, and what to do next if you’re involved in an accident with a stolen car. Read on to find out more.
1. What should I do if I’ve been hit by an uninsured driver?
If you have been involved in an accident with an uninsured driver, you will need to prove that the other person was responsible. To help your case, you should take names, addresses and telephone numbers of any witnesses to the accident and take photographs of the accident if possible.
If you’ve been hit by an uninsured driver and the person at fault of the accident leaves the scene, you should contact the police immediately and report the incident.
If the person informs you that they are not insured to drive the vehicle involved but that it is insured for someone else to drive, that insurance company may still be willing to deal with claims for injury compensation from an innocent party, even though they do not insure the driver. This decision will be down to the discretion of the insurance company involved. If they are not willing to deal with it, or if there is no insurance policy in force for the vehicle at all, the only course of action would be to make a claim through the MIB.
The accident with an uninsured driver must have occurred on a public road or area to which the public and their vehicles have open and unfettered access. There is a legal obligation for everyone to have insurance for their vehicles if driven on public roads. However, there is no obligation to have insurance for vehicles on private roads or places. Employers must have employers’ liability insurance for employees driving vehicles on their premises, but there is no corresponding duty to have public liability or other insurance to cover other vehicle accidents involving members of the public or third parties on the employer’s private land.
2. What should I do if I was involved in an accident with a stolen car?
If the driver responsible for the road traffic accident has stolen the vehicle involved in the accident and is identified by the police, then any insurance policy taken out by the owner of the vehicle may compensate innocent victims of injury. This decision will be down to the discretion of the insurance company involved. If they are not willing to deal with it or if there is no insurance policy in force for the vehicle at all, the only course of action would be to make a claim through the Motor Insurers’ Bureau (MIB).
3. What is the Motor Insurers’ Bureau (MIB)?
The MIB is an organisation that supports claims for people who have been involved in accidents with uninsured drivers or stolen vehicles. It is always an option to deal with the MIB directly, however, the procedure may be complicated and lengthy. Thompsons Solicitors has provided professional legal assistance to a number of clients who wish to make a claim against uninsured and untraced drivers.
4. How can I fund a claim against an uninsured driver?
In the majority of road accident claims, including accidents with uninsured drivers or stolen vehicles, we advise to fund their claim through a ‘no win, no fee’ agreement, or through your trade union if you are a member. In both instances, you will never pay if the case is unsuccessful. To learn more about our funding options, visit our fees and payment page.
If you wish to make claim for an uninsured motorist accident, or an accident with a stolen car, Thompsons Solicitors can help you. Our road accident specialists will make contact with the MIB on your behalf, and provide legal assistance.