The trauma of a road traffic accident cannot be underestimated. In some cases it can even be life-changing and there are many things you will have to deal with on top of any injuries, such as planning your recovery and coping with the financial implications of taking time off work while you recuperate.
Your mental health may suffer too, as any kind of crash, big or small can be extremely stressful. On top of this, if it turns out that the driver involved in your collision was uninsured then you may be anxious about just how you can claim the compensation to which you are entitled.
While these are very real worries, at Wafer Phillips, it is our job to ensure that you don’t have to suffer financial and other hardship because of somebody else’s negligence. If you suffer in any way as the result of an accident with an uninsured driver then we can help.
Who is eligible to claim?
UK law is very clear on the subject of uninsured drivers and if you’ve been physically harmed or suffered financial losses because someone else was negligent then you are entitled to compensation – in spite of the fact the accident involved someone who was uninsured. In fact this doesn’t just apply to drivers, but all road users, including pedestrians and cyclists who may be in a collision with the uninsured driver.
However, if you’ve caused the accident where you sustained an injury then generally you will not be able to make a claim for compensation – the exception being that if another person or organisation was also partly to blame. In this case it might be possible.
I’ve been in an accident with an uninsured driver. What should I do next?
As soon as the accident happens…
Report the accident to the police and note down the:
- Involved vehicle’s make, model and registration number
- Third party’s name and address
- Vehicle damage and driving conditions
- Contact details and statements of any witnesses
If you can, take pictures of the scene to use for evidence and get in touch with your insurer as soon as you can to let them know about the accident.It is actually against the law to drive a vehicle on a public road without at least the most basic level of car insurance (third party). Third party insurance will cover the person responsible for a road accident that causes injuries to others or damage to their property.
What will your solicitor do?
In an ideal situation you will have noted down names and addresses and contact details of witnesses etc. but that is not always possible, especially if you were injured in the accident, however, while we understand that this is a complex matter, we at Wafer Phillips can assure you that we have procedures in place specially designed to deal with all eventualities. Our lawyers will be able to take over and from the outset be able to explain what will happen during the claim process giving you much-needed peace of mind. The solicitor will fully investigate the RTA and join forces with other bodies to work out how the accident has affected you. In this way we can work out the amount of compensation you need to get your life back on track.
Who is liable after an accident?
Before a UK RTA accident claim is made it must be shown that a driver is legally at fault and also that you have suffered injury as a direct consequence of the accident. This can be physical injury but it can also be mental, for example, you might suffer post traumatic stress disorder or depression. This means a driving error needs to have occurred – this is termed ‘negligence’ by the legal profession. Because in this instance a driver is in charge of the vehicle without insurance then this can be deemed negligent and therefore liable.
Investigating the claim
A thorough investigation has to take place assessing the severity of injury and what the long term effects will be. If you need specialist treatment for example, then we have to make sure you receive enough money to cover the costs of this. The aim of a compensation claim is to ensure that you don’t suffer any financial hardship in your struggle back to full health, or need to adjust your circumstances because of life-changing injuries.
Costs will include:
- Loss of earnings
Aside from health issues, this will be one of the biggest worries for you if you suffer an accident but rest assured we do everything we can to make sure you do not undergo financial hardship by calculating what your losses are. We may even ask for an interim payment should you need funds immediately.
- Ongoing rehabilitation
You may need counselling, physiotherapy, or specialist care in the aftermath of the accident.
You can also claim for smaller expenses such as for personal possessions that might have been damaged in the crash, or the cost of transport home from the scene of the RTA perhaps.
What happens if I lend my car to someone who is not insured and it is involved in an accident?
Nor everyone who drives a car without insurance is doing it deliberately in fact, many people have fallen foul of the law in the belief that their comprehensive insurance covers them to drive another vehicle owned by someone else. However, ignorance is no excuse in the eyes of the law and the owner of the car is also deemed to have committed an offence if they’ve allowed their vehicle to be used by an uninsured driver. What’s more both parties will receive points and a fine.
Is there a case for driving without insurance?
There may be ‘special reason’ arguments can sometimes be used to reduce the severity of the punishment meted out to uninsured drivers. Of course they’d still be guilty of the offence of driving without insurance but there could be mitigating circumstances.
These could include…
- An insurance provider cancelling a policy without notifying the holder
- No policy being in force, due to faults on the behalf of the provider
- A person being informed (by the vehicle owner or policyholder) that they can drive the vehicle legally
- A person having a genuine reason to believe they are insured
What is the Motor Insurers’ Bureau?
If you are involved in an accident with an uninsured or untraced driver you may be able to claim compensation by submitting a claim to the Motor Insurers’ Bureau (MIB).The MIB is a national scheme where car insurance companies pay a certain amount of money every year which is then used to provide compensation to victims of traffic collisions where the driver who caused the crash either had no insurance or couldn’t be traced. Their ultimate aim is to crack down on the crime of driving while uninsured.