Q&A - How can I claim accident injury compensation if driver was uninsured?

Q.  Twelve months ago, I was walking down the street when I was hit by a car. Luckily I was able to get the details of the driver and the incident was reported to the police. My friends say I should make a claim, but as the accident happened a year ago and the driver was driving without insurance, I don’t see that it would do any good. Can you advise me?

A. Drivers on the roads not only have a duty of care towards other road users, but also to pedestrians. If this duty is breached, and you have sustained an injury as a result, you may be able to claim compensation. This would however depend on a whole host of factors, such as whether the car was driving dangerously, whether you did anything that could have contributed to the accident, conditions of the day in question etc.

The general rule is that you have three years in which to bring a claim, therefore you still have time to consider making a claim.

Unfortunately it is common for drivers who are uninsured to be involved in collisions and, as a result, a body called the Motor Insurers’ Bureau will become involved. The MIB ensures that victims of accidents with uninsured drivers are still given the opportunity to claim compensation. Where a driver is insured a claim will usually be dealt with by the insurers, but where there is no insurance the MIB will respond to the claim in the place of an insurance company.

Whether or not a claim is successful will depend on the bigger picture and a whole range of factors. It is therefore always best to get specialist advice in relation to your matter, and you should ask your solicitor about ‘No Win, No Fee’ agreements to fund your claim.

(Article published 29/04/2017)

Mari Sherrington

Mari Sherrington

Trainee Solicitor

Part of our Family & Matrimonial, Personal Injury and Civil Litigation team in Wrexham

Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry