According to the Motor Insurers’ Bureau (MIB), uninsured drivers account for more than 26,000 accidents annually.

While it is a legal requirement in the UK to ensure your vehicle is adequately insured, there are, unfortunately, many drivers who choose to legally and financially put themselves at risk.

But what happens to uninsured drivers in an accident?

What happens if you are an uninsured driver?

First, it is important to state that it is illegal to drive a car in the UK without insurance.

If a driver is injured as a result of an accident, they are entitled to make a claim if there was negligence involved on the part of the other motorist involved – irrespective of whether they are insured or not.

There are some legal rights that uninsured drivers have if they are involved an accident. However, they will still face charges from the police. Being discovered to be driving without insurance alone will result in a £300 on-the-spot fine and six to eight points added to a driver’s licence.

In more serious cases, they may be arrested, face a driving ban, and have their vehicle seized.

Additional fines can also be applied, up to as much as £5,000, depending on the circumstances.

What happens if you are hit by an uninsured driver?

Being involved in any car accident is scary, but the most important thing is to stay calm and collect as much information about the other driver and their vehicle as possible.

This will include the following:

• The make, model and registration of the car
• The name and address of the other driver
• The details of witnesses and photos of the damage to your vehicle

You should also call the police to report the collision as soon as possible, and tell them the other driver is uninsured. In some instances, failing to do so will be considered an offence and could result in fines and penalties.

When making a claim, the UK’s laws are clear, so if you have been in an accident with an uninsured driver that has left you physically harmed or caused you to suffer financial loss, you may be entitled to compensation.

What happens if you are at fault for the accident?

If you are the driver at fault for an accident where you sustained an injury, in most cases you will not be able to make a compensation claim.

The only exception is if the other driver was also partly to blame, in which case a claim may be pursued.

However, in terms of insurance claims, the other uninsured driver should still be able to claim from your insurance policy despite not having insurance themselves.

You should also be able to claim to cover any damage to your vehicle.

Why is it important to ensure your car is fully insured?

Not only is having car insurance a legal requirement, but it also gives you financial protection in the event of an accident.

Some insurance will even cover claims where you are at fault for the accident and have caused injuries to others.

How to make a claim against an uninsured driver?

Being injured in a road traffic accident (RTA) can be incredibly distressing, but then finding out that the driver who caused the accident is uninsured can be cause for further concern.

However, if you are involved in an accident with an uninsured driver, you may be entitled to claim compensation through the MIB.

The MIB is a national mechanism which provides compensation for victims of accidents caused by uninsured and untraced drivers.

The organisation pays a set amount of money every year to ensure victims of road accidents receive the compensation and support they are entitled to. Ultimately, its aim is to assist the police force in removing uninsured vehicles from the road and keep the public safe.

If you have been involved in a road traffic accident with an uninsured driver, our team is here to help.

At Wafer Phillips, we understand that RTAs can often be traumatic, which is why it is our job to ensure that you don’t have to suffer financial and other hardships as a result of someone else’s negligence.

To find out more about RTAs involving uninsured drivers, visit our dedicated page.

If you have any questions or think you may be entitled to make a claim, don’t hesitate to contact our team today on 0151 256 7898 for a free initial consultation.

Compared to other road users, motorcyclists are much more likely to die or suffer serious injuries if they have a road traffic accident.

Even during the Covid 19 pandemic with a nation in lockdown, figures show that 285 people died as the result of a motorcycle accident .

It’s a fact that motorcyclists are amongst the most vulnerable of road users and as a consequence the majority of motorcycle accidents happen because drivers don’t see them in their path. That doesn’t mean accidents are entirely the fault of people in other vehicles. Motorcycle accidents can occur for a number of reasons resulting in injury or even death.

What are the most common motorcycle accident injuries?

1. Head injuries

Motorcycle users must wear approved safety helmets, not only because it’s a legal requirement in the UK but because head and neck injuries are the most common in motorcycle accidents.

Helmets which comply with British safety standards are very effective when it comes to cushioning this, the most important part of the body and can make the difference between life and death when someone is involved in a motorbike accident. However, head injuries are very serious and can lead to life changing injuries.

2. Road rash

You might think that when you fall off your motorcycle at speed and skin is damaged in the process, that it will eventually heal. But the impact of falling on the ground and then maybe sliding along a hard road for several yards can cause serious injury. Not only will there be cuts and bruises but there may be long term effects such as irritation, infections, and nerve damage. To reduce the risk of skin abrasions, motorcyclists are always encouraged to wear protective leather jackets, thick gloves, and padded pants.

3. Leg injuries

Legs, knees, and feet can all become damaged when a person is involved in a motorcycle accident. These may not be as life-threatening as head and neck injuries, but they could potentially be life-changing and result in a person being unable to return to the life they had before.

Amputation, long term muscle pain and the inability to walk unaided can all seriously impact on a person’s life. And like any serious injury the consequences on overall physical and mental health can be affected.

4. Loss of hearing

When someone travels at high speed the pressure that is placed on the ears can lead to damage of the eardrums. Hearing loss could also be the result of a collision.

5. Fractured bones

Because motorcyclists don’t have the same protection as someone in a car or van, their body will bear the brunt of any road accident. The only thing between them and the hard road is a helmet and leathers and while they may lessen the impact, the possibility of bone fractures is likely. Arms, wrists, ribs, or pelvis can all be broken during such an accident and recovery can take several weeks or even months.

 When can you make a motorcycle accident claim?

If you are involved in a motorcycle accident that wasn’t your fault, then you can make a claim within three years of the incident happening.

 Can you make a claim if you are partly to blame?

The short answer is yes. Although, somebody else must also be to blame. The law says that we should take responsibility for our own safety. This means that if you did something careless, like overtaking a car on the inside of slow-moving traffic you could be considered partly to blame, as this would be deemed contributory negligence. Basically, even if the other party did something reckless, the accident would probably not have happened had you not made this unsafe move.

How much compensation can you get for a motorcycle accident claim?

Compensation for motorcycle accident claims always depends upon multiple factors, such as how severely injured you are and the length of treatment that you might need.

For general damages, a medical assessment is needed as part of the claims process, and a report would be created to show just how severe the injuries are that you suffered and confirm that they were either caused or exacerbated by the accident. Most personal injury compensation is made up of general and special damages. So, if you have lost earnings because you haven’t been able to work then, you would receive special damages. Financial losses must be proven through banks statements, involves etc.

In cases where you were partly to blame the compensation will be reduced.

Contributory negligence is assessed in terms of percentage, which will vary according to the circumstances of the accident – for example, you are 30% to blame and the other party is 70% to blame. This means that the amount of compensation you can get is reduced by the same percentage. So, if you were awarded £10,00 and were 30% at fault, you’d get the £10,000 compensation, minus 30%, which is £7,000.

 How to make a motorcycle accident claim

1. Get medical attention

If you’ve been involved in a motorcycle accident, it’s essential to obtain medical attention as soon as possible. This could be at the scene or later, but your injuries must go on record, however minor. It is also possible that any injuries could develop into something more serious later.

2. Collect evidence

You may have dashcam footage or be able to take photographs with your phone of damage to your bike, clothing, property, and injuries, all of which will help with a claim.

3. Witness statements

Obtaining names and contact details of anyone who might have seen what happened with also be helpful when it comes to motorcycle accident claims.

4. Inform the police

Again, getting details of the accident on record, is something you should do and will help your claim.

5. Inform your insurance company

This is another essential step as failing to let your insurance company know what happened could invalidate your insurance.

6. Contact a solicitor

Once you have contacted a solicitor, you’ll be able to commence the claims process. They will take you through everything step-by step and advise you of the best course of action.

If you want to know more about motorcycle accident claims click here and we will be happy to help in any way we can:

If you are involved in an RTA, the more evidence you collect the better your chance of a successful claim. Even if you come out of the accident worse off, you may not be entitled to compensation unless you can prove that you were not at fault. Evidence is often key to getting the compensation you need, however in many claims following an accident it all comes down to one person’s word against the other. If that is the case, all is not lost as police reports and accident reconstructions may be used to determine what has happened and who is responsible.

How much is ‘enough’ evidence?

When you are involved in an RTA there are steps you should take in order to ensure you have a good chance of your case succeeding.

Ideally you should have:

Photographic evidence

Most of us have cameras on our mobile phones and can take pictures of the scene of the accident to help determine what has happened. Taking pictures of any injuries sustained in the accident is also something you should do.

Video evidence

Even more powerful than photographic evidence is video evidence. Many of us now have dashcams which are attached to the inside of the car and which can reveal exactly what happened. The dashcam can show how you tried to avoid the accident, whether you were driving in a dangerous environment and who is liable. 

Witness statements

If there are witnesses you can ask them to make a statement and leave their contact details. Taking their statement as soon as you can will ensure that the incident is fresh in their mind.

Police reports

The police can be vital witnesses when it comes to proving who is responsible for the RTA. They’ll have notes, statements from you and the other person involved in the accident and evidence from the scene, and will file reports that discuss what happened for the accident to occur. Their input is invaluable as it is completely objective. 

A diary of events

By keeping a diary of what happened during and after the accident you won’t have to try to recall any minor details weeks or months later.

You can never have enough evidence however, there are ways a claim can be made even if you have been unable to take pictures and collect witness statements. Relevant to this will be receipts and other documentation that proves you suffered financially as a result of the accident.

This could be loss of earnings or paying for specialist treatment. Any documents that prove you have suffered financial damage as the result of the accident will be useful. Doctors’ notes showing the extent of your injuries and what you need to help you get back to where you were before the accident are also important.

Does everybody need a dashcam now, or can we rely on security cameras?

While dashcam evidence can be important you don’t need one in your vehicle in order to get video evidence of what happened. CCTV is pretty much everywhere these days so unless your RTA happens in the back of beyond it could be the way to prove irrefutably that the accident was someone else’s fault. According to the Data Protection Act 1998 you have the right to access information that is held about you by another party, therefore you are entirely within your rights to request CCTV footage of your accident.

Is it one person’s word against another? Whose carries more weight?

As far as the law is concerned, one driver’s word isn’t any better than the other’s. If there is no evidence, or witness statements, police reports, videos and photography are used to determine whether you have a claim.

What role does the police have? For example, assessing the site of the accident

The role of the police can be important when finding evidence in an RTA claim. You don’t need to report an RTA to the police if you’ve exchanged details, nobody was hurt and there are no allegations of driving offences involved, however you must report the collision to the police if you were unable to exchange details at the scene, if anyone was injured, or if you suspect that the other person may have committed a driving offence. 

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/collisions/

RTAs can be an extremely complex business, especially when you have little evidence to prove that another person is to blame but at Wafer Phillips, we understand this and will try to make the process as straightforward and stress free as we possibly can. Contact Us today for more information about Road Traffic Accidents.

 

Road traffic accidents can happen anywhere but when they occur while you’re away on holiday or abroad on business, they are even more troubling, especially when you might not speak the language and don’t understand the procedures involved.

Firstly, and most importantly, you need to have the right insurance even before you get behind the wheel in another country.

For most European countries all UK vehicle insurance provides the minimum third-party cover to drive in the EU (including Ireland). Post Brexit, green cards were required however, in 2021 the European Commission announced it had waived the obligation for EU country and those listed below:

• Andorra
• Bosnia and Herzegovina
• Iceland
• Liechtenstein
• Norway
• Serbia
• Switzerland

However, for other countries including Albania, Belarus, Turkey and the Ukraine you still need to carry a green card, as well as have the minimum insurance cover specified by that particular country. Extra insurance may also be needed if you have a certain kind of vehicle, a trailer or caravan, for example, so you need to check what each country’s requirements are before you travel. You also need to be aware that requirements may change when you are crossing borders too.

What is a green card?

A green card is proof that you have insurance when driving abroad. To secure one you need to contact your insurance company. They can issue one by post or you’ll be able to download one and print it yourself. You must carry it all times while driving in a foreign country. 

If you are involved in a road traffic accident whilst abroad and it wasn’t your fault, then you could be entitled to compensation. This is whether you are a pedestrian, riding a bicycle, motorbike, or are in a motor vehicle. 

If it happens in Europe, you can settle your compensation claim in a UK court and you will at the be protected by EU law.

Outside Europe, the situation can become a little more complex but when you hire one of our solicitors your case will be in the hands of someone with knowledge of the law in other non European countries.

What to do if you have a car accident abroad

There are certain things you can do to help you with your claim, however we are aware that under certain circumstances this might not be possible, for example if you are injured. It may be reassuring however to learn that although your accident has occurred away from home shores, the information that is required is the same as it would be in the UK.

If you have an accident abroad you should: 

• Get immediate medical attention if you need it.
• Call the police as soon as the accident happens.
• Request an interpreter if it’s a non-English speaking country and you aren’t fluent in the language.
• Following the accident, call the police and get a copy of their report or a police reference number.
• Exchange details with the other party involved.
• Make a note of the driver’s vehicle details, including their vehicle registration and a contact number.
• Take photographs of the scene if you can do so without endangering yourself or others.
• Take down the names and addresses of any witnesses.
• Note down the date and time the accident occurred.
• Contact a legal adviser as soon as you possibly can.

Following the accident you should get legal advice from a lawyer who specialises in road traffic accidents which happen abroad. They will be able to assess whether it is worth going ahead with a claim and be able to support you through the various stages of the process. You actually have up to three years to make a claim, however the sooner it is done the better. Always be aware that different rules and laws will apply in different countries.

If you’re injured in a car accident as part of your package holiday and you weren’t to blame you can claim against the tour operator, while if the condition of the roads was at fault you can claim against those responsible for the roads and if the accident was a result of another driver’s negligence it is possible to make a claim against their insurers.

We are here to help

If you had a road traffic accident abroad within the last three years and think you might have a claim why not follow the link below and speak to one of our legal team? We will be able to connect you to the right person who can give you free initial advice.

https://waferphillipssolicitors.co.uk/contact/

So you’re the only person around to administer first aid at the scene of a road accident, what do you do? Is it best to leave the person until emergency services arrive, or should you leap in and have a go at helping anyone who’s been injured?

Clearly, if you have some training in first aid then you will be the person to deal with the accident but what if you have no experience? What if you injure the casualty?

Will you be prosecuted? These could be some of the questions you are likely to ask yourself should such a situation arise. There’s no law to say that if you’re involved in a roadside accident or are a bystander that you must administer roadside first aid but this does not mean that it’s OK to leave an injured person who you know is in danger. In fact if you do, you may be liable through your omission to act.

If you are not happy to give someone first aid treatment, maybe you faint at the sight of blood? Then there are still things you can do to help.

You can:

• Call 999 or get someone else to do it if it’s an emergency.
• Make the area safe – further collisions and fire are among the main hazards when there’s a road accident but there could be broken glass, or spilt oil to look out for too.
• If you are in a car you need to switch off your engine and turn on your hazard lights to warn oncoming traffic.
• Don’t let anyone in the area smoke.
• Monitor the casualty and/or find out what happened.
• Do not allow the casualty to wander around at the scene in case they walk into the path of other traffic.
• Try to maintain the victim’s body temperature (e.g. by keeping them warm or shaded).
• Protect the casualty from severe weather conditions.
• Comfort the casualty. Reassure them confidently and try not to leave them alone.
• Try to make them comfortable – but only if you do not suspect they have any spinal injuries.
• Don’t move any casualties from vehicles unless they are in serious threat of further danger.
• Do not remove a motor cyclist’s helmet unless it’s an absolute necessity.
• Never give the casualty anything to eat or drink.

 

You can also, if qualified to do so, check the casualty for:

• Responsiveness (signs of life).
• Breathing difficulties.
• Severe bleeding wounds (e.g. arterial).
• Spinal injuries.

 

Emergency care

If you are in a position to provide emergency care you can follow the following procedure:

Danger

Ensure that you are not in danger.

Response

Try to get a response from the person by giving their shoulder a gentle shake and asking whether they are alright. If they respond, check for injuries.

Airway

If there’s no response, open the casualty’s airway by placing your fingers under their chin and lifting it forward.​ If the casualty is unconscious and breathing, place them in the recovery position until medical help arrives

​Breathing

Check that the casualty is breathing normally. You should be able to see their chest moving, feel the breath on your cheek or hear them breathing. If there are no signs of breathing you can start CPR (cardiopulmonary resuscitation – a life saving medical procedure which is given to someone who is in cardiac arrest).

Be prepared

Always carry a first aid kit. It’s not something you might ever believe you’d need but it could save a life. Also first aid is an excellent skill to have. You can get first aid training from a qualified organisation such as St John Ambulance, St Andrew’s First Aid, British Red Cross, or any suitable, qualified body.

Am I liable if I injure a casualty?

You could be liable for substantial damages if your intervention was considered negligent and caused an injury that the casualty hadn’t sustained in the accident.

This doesn’t just apply to someone who has no training and decides to step in, it is also the case whether you are a healthcare professional, or a non-professional volunteer first-aider.

For example, if you gave chest compressions in a situation where a casualty was not in cardiac arrest and your actions caused damage to the chest wall or underlying organs, you would be causing injuries which would not otherwise have been suffered and, given that the casualty was not in need of emergency resuscitation, would by this intervention be leaving them in a worse state.

If, however, you performed CPR on someone who was in cardiac arrest and the person would without your intervention almost certainly die then it’s unlikely your actions would be deemed negligent.

There’s also an issue of consent because under UK law any form of physical touch without consent could be interpreted as common assault. This is something to keep in mind although if you touched a casualty who was in need of first aid but was unable to give their consent it would be unlikely to lead to a conviction. Imagine for example if you held the hand of a casualty to reassure them, without first gaining consent, it would be a nonsense to charge them with assault however, a conviction could be made if the first aider were to use any form of force against the casualty to administer treatment.

A lot rests on the severity of injuries for example, if the person you’re attending to is unconscious and therefore unable to consent – or maybe they had refused consent and then became unconscious – you are allowed to undertake treatment that is only required for the purpose of saving life.  You are not permitted to undertake non-life threatening treatment, such as treating minor injuries.  Under the Mental Capacity Act (2005) (2) a person is presumed to have the mental capacity to make their own decisions unless proved otherwise.

If you want to know more about the law and roadside accidents please get in touch with us at the link below and we will be happy to help.