Can I apply for compensation if I have been injured by an uninsured or untraced driver?
If you are involved in a road traffic accident that is not your fault it is the responsibility of the at-fault insurance company to pay for any compensation that you are entitled to. However, this is not feasible if the at-fault party is uninsured or cannot be traced.
Although this is incredibly frustrating and can make the process of claiming compensation for an RTA more complex, it should not deter you from pursuing a claim if you have suffered loss and damage.
These sorts of claims are handled by the Motor Insurance Bureau, also known as the MIB. It is the system in the UK through which compensation is provided for victims of accidents caused by uninsured and untraced drivers. Where it is shown that no policy of insurance exists covering the at-fault party’s vehicle, the MIB will consider dealing with a claim for compensation. Liability still needs to be assessed but the MIB recognise that the innocent party has rights of full legal redress once fault is proven.
If you are involved in an accident with an uninsured driver you should compose yourself and gather as much of the following information as possible:
The make, model & vehicle registration of the other vehicle
The other driver’s name & address
Contact details for any witnesses
Photographs of the accident scene
Dashcam or CCTV footage (if available).
If you are involved in an accident with an untraced driver (commonly known as a “hit & run”) you simply may not be able to obtain any exact details of the at-fault vehicle or driver but making a note of anything distinguishable, such as a branded company logo of the vehicle for example, may be helpful.
A road traffic accident involving an uninsured or untraced driver should also be reported to the police. If you don’t report the accident to the police in time, then this could affect your claim for personal injury compensation.
At P.A Duffy & Co Solicitors we have helped numerous clients deal with their claim through the MIB and have ensured that they are adequately compensated to the highest standard of fairness and justice.