Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

Involved in a road crash where driver at fault is uninsured – what can you do?

If you are involved in a non fault road traffic collision where you have sustained serious injury then you are entitled to expect the driver at fault to be insured so that their insurance company can invest in your medical rehabilitation, or in the case of a fatal road collision to provide an early interim payment to meet the reasonable cost of a funeral.

It is extremely upsetting to subsequently discover that the driver at fault for the collision is uninsured and you are left worrying about how you are going to pay the mortgage whilst you are absent from work due to the serious injury caused through no fault of your own.

Notwithstanding the legal requirement to be insured the reality is that a number of vehicles across England and Wales are driven without valid insurance.

If you are involved in a road traffic collision where the driver at fault is without insurance then there is a mechanism for securing compensation to enable you to access private rehabilitation as well as interim payments. An Application for compensation can be made to the Motor Insurer’s Bureau, [“MIB”] under the Uninsured Drivers’ Agreement.

The Uninsured Drivers’ Agreement is applicable where the driver at fault is identified but without a policy of valid insurance. If the uninsured driver is liable for causing the collision, in whole or part, then the MIB will compensate you, as the victim, in the same way as if the driver was insured. It would be for you to gather medical evidence to prove your injury, and prepare a schedule in support of your financial losses. If a settlement cannot be reached then you would start proceedings in the civil court against both the uninsured driver as well as the MIB and, if not settled, the matter would proceed to a Court Hearing where a Judge would determine the amount to be paid by the MIB. The MIB would pay your legal costs as if they were an insurance company.

In the unfortunate event you are involved in a road traffic collision then you should take steps at the time of the incident to ensure the driver is insured. If in doubt report to the police the incident which you should do in any event if the driver fails to stop at the scene.

A claim should be made to the MIB as soon as possible following a road traffic collision to enable investigation into the incident circumstances, determine whether there is a policy of insurance in place, and to access funds for medical rehabilitation or interim payments. A Solicitor specialising in personal injury claims will be able to guide you through this process and secure for you the best outcome.

Case Study

The Claimant was a seat belted driver of a delivery van. As the Claimant drove on the main road the Defendant driving a motor car in the opposite direction negligently overtook several cars whereby he entered the Claimant’s traffic lane resulting in a high speed frontal collision. The Claimant was trapped in the van causing him to be extricated by the fire brigade before being transferred by Air Ambulance to a Major Trauma Centre where he underwent surgery.

The Defendant was charged and pleaded guilty to the following:-

1. Causing Serious Injury whilst driving disqualified
2. Using a motor vehicle on a road without insurance
3. Using a motor vehicle on a road without a valid MOT certificate
4. Driving a motor vehicle with a fraudulent plate
5. Driving a motor vehicle whilst alcohol limit exceeded the legal limit
6. Causing serious injury by dangerous driving

The Criminal Court ordered the Defendant to prison for 2 years and 11 months.

The Claimant shortly after the incident instructed the Serious Injury Team at Moore Blatch who quickly established the Defendant was without motor insurance and made an Application to the Motor Insurer’s Bureau. Moore Blatch also attended the criminal hearings to take a note of the evidence in support of the case.

The MIB agreed from the outset to make interim payments to the Claimant who had a loss of income and was unable to meet his rent payments on his house. The MIB also agreed to fund the appointment of a Case Manager to manage the Claimant’s rehabilitation needs as he transitioned from Hospital to his home. Once the Defendant was convicted in the criminal Court the MIB then admitted responsibility in the civil claim which enabled the matter to proceed as if the MIB were the actual insurance company.

If you have suffered serious injury where the motorist at fault is uninsured then please contact our Serious Injury Team on 0800 157 7611 who will be able to give you early advice.

Moore Blatch LLP is a leading UK law firm rated for it’s serious injury practice as Tier 1 in Legal 500 and Band 1 in Chambers & Partners.

Matthew Claxson is a Solicitor and Partner at Moore Blatch Solicitors specialising in serious injury and fatal incidents.
Call Matthew on Freephone 0800 157 7611 or email: matthew.claxson@mooreblatch.com         Profile available on LinkedIn. Twitter: @matthewclaxson


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