If you are involved in a car accident with an uninsured driver, are you able to claim compensation for whiplash or any other injuries if the driver does not have any valid insurance? In short, the answer is yes.
Normally if you are involved in a car accident, you will make a claim against the other driver for any compensation and his insurance company will make any payment if your claim is successful. However, if the driver does not have any insurance, the compensation payment will be made in full or in part by the Motor Insurers Bureau.
The Motor Insurers Bureau was set up in 1946 to compensate the victims of drivers without insurance in England and Wales. Around one in every twenty drivers drives on our roads without insurance and this record is one of the worst across Western Europe.
The Motor Insurers Bureau is funded by a levy made against all of the insurance companies. In reality, what this means is that they pass on this levy to every person that buys a policy of motor insurance from the, ie you and me. Each person pays approximately £30 more for their policy to cover this cost. The total cost of driving without insurance was over £350 million in 2006.
What Should You Do If You Are Involved In A Car Accident With An Uninsured Driver?
The first thing you should do is to notify the police. They will need to attend the scene of the accident and obtain the details of the other driver. However, as by their nature uninsured drivers tend not to be too keen to meet the police and they may leave before they arrive, you must take a note of the car registration number. This could prove invaluable later on if you decide to make a claim for compensation.
Once you have taken this action, you will need to find a solicitor that has experience of making claims against the Motor Insurers Bureau (MIB). This is important as they have a different claims procedure to be followed. Ensuring you find a solicitor with the necessary experience could make a difference to the speed at which your claim proceeds. Also, because there are very specific time limits when making a claim against the MIB, using a specialist solicitor should ensure that they do not miss any deadlines.
The solicitor will investigate the details of your claim and complete a Motor Insurers Bureau application form on your behalf. Largely the claim will proceed as it would normally except that the MIB will deal with correspondence on behalf of the uninsured driver.
If you are involved in an accident with an uninsured driver, you can still claim compensation against the Motor Insurers Bureau. Ensure that you find a specialist solicitor and your claim will proceed in an almost identical manner as if you were claiming against an insured driver.