What to do when you’ve been injured by an uninsured driver

For many people who have been in a collision, they simply swap license plate numbers and leave it to the insurance companies to deal with. However, there are times when it isn’t that simple.

The person may have been severely injured, and when it comes to dealing with it, they find out the bad news – they don’t have insurance.

It may seem like a dead end, but there are things you can do at this point. In this article, the motoring offences team at Foys help you to understand what you can do next.

Check your contract

Before you begin any kind of process against an uninsured driver, you should always check your contract first. Depending on your insurer, you may have one of a few types of protection:

  • Protected no claims bonus – when hit by an uninsured driver, you are often forced to claim on your own insurance, which instantly ruins your no claims benefits. Some companies will preserve your bonus if the other driver is uninsured, though they may still raise your premium when the time comes to renew it.
  • Waived excess – if you have comprehensive insurance, you will have to claim on your own policy, which is understandably frustrating. Many insurers recognise this and will waive your claim excess, so it doesn’t cost you money to make a claim.

Bear in mind that even with these types of protection, the companies will still deduct the no claims bonus and ask you to pay the excess while the claim is being decided, returning both if it is ruled in your favour.

Not all companies offer this protection, and many tend to offer variations or combinations of them, so it’s always worth checking beforehand to make sure you take advantage of any protection you may already have.

The Motor Insurer’s Bureau

The Motor Insurer’s Bureau (MIB) is an independent organisation that aims to compensate people who have been hit by uninsured or untraceable drivers. The MIB has an uninsured drivers’ agreement and untraced drivers’ agreement for each of the countries it operates within. The countries are as follows:

  • England, Scotland, Wales
  • Northern Ireland
  • Gibraltar
  • Isle of Man
  • Jersey
  • Guernsey

The MIB can only assist those without comprehensive insurance, and the conditions under which they can help vary between the countries they operate within. In addition, these claims can take anywhere from three months to a year to be completed depending on the complexity of the case. Consider asking our personal injury solicitors for legal advice throughout the process as these cases are very often preceded by injury from the accident

Get help from Foys – personal injury and motoring offence solicitors

At Foys, our personal law team has expertise in many fields of law, from motoring accidents to personal injury, and we can help you pursue potential options if an uninsured driver has hit you.

To find out more, get in touch using our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

Before you go, take a look at some of our other articles:

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