By Danielle Newton. Last Updated 21st August 2023. In this guide, we’ll look at the process of making uninsured and untraced driver accident claims. If you’re involved in an accident that causes third-party injury or property damage, it’s a legal requirement to stop and exchange insurance information. This is outlined in the Road Traffic Accident 1988.
However, you may be involved in an accident where the other party does not stop. Alternatively, they may stop or be traced through another method, but don’t have insurance on their vehicle. You may assume that this means you cannot claim compensation; however, this is not the case.
Uninsured and untraced driver accidents guide
Our experts can provide you with guidance and are available 24 hours a day, 7 days a week. Getting in touch for free legal advice doesn’t carry with it an obligation for you to proceed with our services; however, if you choose to proceed, they can connect you with a solicitor from our panel to work on your claim.
To find out more, either read on or get in touch by:
- Using our live-chat feature as seen at the bottom of this page
- Calling us on 0800 408 7825
- Contacting us through the website directly
Select A Section
- What Are Uninsured And Untraced Driver Accidents?
- How Do You Claim Against Uninsured And Untraced Drivers?
- What Injuries Could Be Caused By Road Traffic Accidents?
- What Evidence Could Support Claims Against Uninsured Or Untraced Drivers?
- Calculating Compensation For Uninsured Untraced Driver Accidents
- Contact Us About No Win No Fee Uninsured Untraced Driver Accident Claims
- Learn More
What Are Uninsured And Untraced Driver Accidents?
If you’ve been involved in a car accident that has caused you injury, then you can usually claim against the insurance company of the party who was at fault for the accident. However, this is not always possible.
If a driver is uninsured, this means that there is no insurance company to claim against. If they’re untraced, this means that they cannot be found and a claim cannot be launched against the relevant insurance company, if one exists.
When using the road, all motorists and pedestrians have a duty of care to reduce the risk of an accident occurring. This is underlined in The Highway Code as well as the Road Traffic Act 1988.
You can make a claim against a driver if they have been negligent by not fulfilling their duty of care, and it has directly resulted in your road traffic injury.
To find out more about accidents with uninsured and untraced drivers, speak to an advisor today for further information.
Time Limit For Claiming For An Uninsured Or Untraced Driver Accident
If you are eligible to seek compensation because of injuries caused by an uninsured driver, your claim must be started before the time limit expires. The Limitation Act 1980 sets this as usually three years from the date of the accident.
However, in certain circumstances, there are exceptions to this time limit. These include:
- Those under the age of 18. These injured parties have the time limit frozen until they turn 18. Before this time, a court-appointed litigation friend can initiate the claiming process on their behalf. Once they reach their 18th birthday, they will have three years from that date to file a claim if one was not already made on their behalf.
- Those who lack the mental capacity to file their own claim will have the time limit suspended indefinitely. During this time, a litigation friend can make the claim for them. Should the injured party regain this capacity, they will have three years from the date of recovery to file a claim if one was not made for them already.
If you need any help with the limitation period when filing a claim for an uninsured driver accident, please get in touch with an advisor from our team.
How Do You Claim Against Uninsured And Untraced Drivers?
You may be thinking that you will have no ability to make a claim if the other driver is uninsured or untraced. However, if this happens, you do have the ability to claim through the Motor Insurers’ Bureau (MIB).
The Motor Insurers’ Bureau can provide compensation for drivers that have been involved in accidents with uninsured or untraceable drivers. In accordance with the Road Traffic Act 1988, every insurer that underwrites compulsory motor insurance in the UK must contribute to MIB funding as a member.
The MIB can provide compensation for your injuries (be they mental, emotional, or physical) as well as property damage, such as that to your car. Any financial losses you’ve sustained, such as a loss of earnings caused by your injuries, could also be claimed back.
It’s not a legal requirement to have a solicitor work on your claim
However, the process may still be confusing, which is why a solicitor can still help you to make the claim as simple as possible. We can connect you with a lawyer from our panel if you would like legal representation on your case.
As such, do not be worried if you have been involved in an accident with an uninsured and untraced driver. You can still claim through the MIB, and what’s more, our advisors can help you with the process. To find out what we can do for you, get in touch with us today.
What Injuries Could Be Caused By Road Traffic Accidents?
There are many different kinds of accidents that you could be involved in with a driver who is uninsured or cannot be traced. These include:
- Rear-end accidents
- Side-on collisions
- Accidents while merging or changing lanes
- Head-on accidents
There is also a wide range of injuries that you could sustain as a result of a road traffic accident. For example:
- A head injury. This could cause brain damage.
- Whiplash or other neck injuries.
- Broken bones, for example, a broken foot or broken pelvis.
- Back injuries such as a herniated disc. This is where the cushion of tissue between the vertebrae of your spine pushes out.
- Cuts and lacerations. These could lead to scarring.
- Psychological damage. For example, you might experience Post-Traumatic Stress Disorder as a result of the accident.
After an accident, it’s always advised to seek medical attention. This will give you the best chances of recovery. Not only this, but it will generate a medical report that could be used to support your claim.
What Evidence Could Support Claims Against Uninsured Or Untraced Drivers?
When you make a claim for compensation, it’s important that you provide evidence in support of your claim. This is the same for uninsured and untraced driver accidents.
Some of the evidence you could provide might include:
- CCTV footage. You could also provide dashcam footage to show the circumstances of the accident.
- Photographs of your injuries and the damage to your vehicle.
- Details of witnesses who can provide a statement at a later date.
- Information about the car that hit you. If you can get their license plate, this can be a key piece of evidence. However, you should also take note of the make, model and colour if you can.
If you work with a solicitor to pursue compensation, then they can help you with collecting evidence. Get in touch with our team today for more information on
Calculating Compensation For Uninsured Untraced Driver Accidents
Now that you know that claiming against an uninsured or untraced driver in an accident is possible, you may now be thinking about how much you could possibly receive in compensation.
The Judicial College Guidelines provides a good insight into potential settlements for injuries. They provide guidelines based on past compensation awards.
Additionally, the way whiplash injuries are valued changed when the Whiplash Injury Regulations 2021 were brought in. Whiplash will be valued according to a set tariff found in this legislation.
We’ve created the table below based on these brackets and tariffs. However, don’t worry if you can’t see your injury specified; this isn’t an exhaustive list.
| Injury | Nature of incident | Possible compensation |
|---|---|---|
| (A) Brain Damage (a) Very Severe Brain Damage | Here, there may be an ability to follow basic commands. However there will not be any meaningful response to the world around them. The injured person will require around-the-clock care. | £282,010 to £403,990 |
| (A) Injuries Affecting Sight (c) Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (I) | Where blindness has been sustained with a further risk of deterioration in the other eye. | £95,990 to £179,770 |
| (B) Back Injuries (a) Severe (i) | Where there has been severe damage to the spinal cord as well as the roots of the nerves, creating severe pain and paralysis on an incomplete level. | £91,090 to £160,980 |
| (B) Post-Traumatic Stress Disorder (b) Moderately Severe | Where there is a disorder on a psychiatric level as a response to trauma. This may not be as severe as other cases but there will still be a significant level of disability affecting all aspects of life. | £23,150 to £59,860 |
| (A) Chest Injuries (c) | Where there has been chest damage, leading to a continuing level of disability. | £31,310 to £54,830 |
| (B) Deafness/Tinnitus (c) Total Loss of Hearing in One Ear | Here, there will also be associated problems such as tinnitus and dizziness. | £31,310 to £45,540 |
| (H) Wrist (b) | These injuries will result in significant permanent disability where some useful movement persists despite this. | £24,500 to £39,170 |
| (A) Neck Injuries (b) Moderate (i) | For this injury, you would expect to see fractures, dislocations, or soft tissue damage, with some issues possibly needing spinal fusion. | £24,990 to £38,490 |
| (A) Neck Injuries (b) Moderate (ii) | Including soft tissue or wrenching-type injuries and severe disc lesions. | £13,740 to £24,990 |
| (C) Shoulder Injuries (c) Moderate | Where the shoulder is frozen, leading to limitation that can last for up to 24 months. | £7,890 to £12,770 |
| Whiplash Tariff | Whiplash symptoms along with minor psychological injuries last between 18-24 months. | £4,345 |
| Whiplash Tariff | Whiplash symptoms last between 18-24 months. | £4,215 |
When you claim compensation, you could receive two different heads of claim. General damages cover the injuries you have sustained, while special damages cover financial losses sustained as a result of your injuries.
Special damages could incorporate lost wages or the cost of treatment that you cannot get on the NHS. Remember to hold onto your payslips and receipts as doing so might make it easier for you to claim the full value of the special damages you’re entitled to.
To find out how much you could receive, talk to an advisor today. You could get an accurate assessment of your claim’s worth from a member of our claim team.
Contact Us About No Win No Fee Uninsured Untraced Driver Accident Claims
You may be interested in making a claim with legal representation but are put off by the legal fees that are often associated with this. If so, a Conditional Fee Agreement (CFA) may well be beneficial. This is a kind of No Win No Fee agreement.
This means that you will not have to pay your solicitor any fees at the start of the claim, while it is ongoing, or in the event of a loss. In the event that your claim is successful, you will pay a small percentage success fee taken from your settlement. This will be legally capped to prevent overcharging.
Get in touch with us today for free legal advice with absolutely no obligation to proceed. You can do so at a time that suits you. Contact us by:
- Using our live-chat feature as seen at the bottom of this page
- Calling us on 0800 408 7825
- Contacting us through the website directly
Learn More
Car Accident Back Injury Compensation Case Study Guide
Car Accident Personal Injury Guide
Fractured Heel Compensation Case Study Guide
Vehicle insurance — UK Government guide to vehicle insurance.
Request CCTV footage of yourself — A guide explaining how to request CCTV footage for the purposes of evidence.
Whiplash — An NHS guide to the condition of whiplash.
Thank you for reading this article about making uninsured and untraced driver accident claims.