A compensation claim for a car accident is usually paid by the responsible driver's insurance. That means that if the driver responsible for the accident turns out to be uninsured, or leaves the scene without exchanging details, you may worry that you will not be able to claim compensation.

However, that is not the case. In England and Wales, the law protects people injured in road traffic accidents caused by uninsured or untraced drivers. There is a legal process in place to help you recover the compensation you are entitled to - but it is important to take the right steps from the outset.

Here, the personal injury solicitors at JMW explain how these claims work, what you should do after being hit by an uninsured driver and how you can access redress through the Motor Insurers’ Bureau (MIB).

What Is the Motor Insurers’ Bureau and How Can It Help?

The Motor Insurers’ Bureau is a non-profit organisation funded by UK motor insurers. Its role is to compensate people who have been injured in road traffic accidents caused by uninsured or untraced drivers.

If the person who caused your accident did not have insurance, or fled the scene and cannot be identified, the MIB is legally required to consider your claim. If your case meets the criteria, the MIB will pay compensation for your injuries and related losses.

To make a successful claim through the MIB, the following conditions must be met:

• The accident took place in England, Wales or Scotland
• You were injured in the accident and can provide medical evidence
• You were not at fault and the accident was caused by another road user
• You reported the accident to the police within 14 days (or as soon as reasonably possible if you were prevented from reporting the accident by your injuries)
• You and your solicitor co-operate with the MIB throughout the claims process

In untraced driver cases, you must also show that you took reasonable steps to identify the driver - such as noting the registration number, reporting the accident to the police promptly, checking for nearby CCTV or dashcam footage, and asking witnesses for contact details.

Your solicitor will help you prepare the necessary evidence to submit your claim to the MIB. This includes medical reports, police incident numbers and evidence that shows how the accident happened. The MIB will then investigate the claim and decide whether compensation should be awarded.

What Should I Do After Being Hit by an Uninsured Driver?

If an uninsured driver hits your car and you are injured, the steps you take straight away can make a real difference to your chances of making a successful claim. The following will help your solicitor build a clear picture of what happened so you can claim compensation as smoothly as possible.

Seek medical help

Even if you feel fine after the accident, you should prioritise your health and get a medical check-up to confirm you are okay. This medical record will also play an important part in any claim you make.

Gather information at the scene

If it is safe to do so, collect as much information as possible at the scene. This can include:

• The registration number of the other vehicle, if the driver has not left the scene
• Photographs of the accident location, damage to any property or vehicles and your injuries
• The name and contact details of any witnesses
• Any available dashcam or CCTV footage

Even if the other driver refuses to give their insurance details, noting their number plate is a key first step.

Report the accident to the police

If you believe the other driver is uninsured or if they left the scene without exchanging details, report the accident to the police as soon as possible and make a record of the incident reference number. A police report will support your claim if you are pursuing compensation through the Motor Insurance Bureau.

Speak to a solicitor

JMW’s car accident solicitors specialise in personal injury claims and can guide you through the claims process. We can gather together your evidence into a strong case and deal directly with the MIB to ensure you are fully compensated for your injuries and any related financial losses.

How the Personal Injury Claims Process Works for Uninsured or Untraced Driver Accidents

If you have been hit by an uninsured or untraced driver, the process for claiming compensation will generally involve the following steps:

1. Reporting the accident: once you are able, you should report what happened to the police.
2. Initial legal advice: speak to JMW to assess your situation and check your eligibility to make a claim.
3. Gathering evidence: where possible, collect medical records, photographs, witness information and anything else that supports your version of events. Your solicitor will use this, and further information they gather, to build your case.
4. Submitting the claim: your solicitor will put your claim to the MIB, supported by relevant documentation.
5. Investigation: the MIB will review your claim, request further evidence if needed and assess the circumstances of the accident.
6. Decision and compensation: if your claim is accepted, compensation will be awarded based on your injuries and any financial losses.

This process varies depending on the complexity of the accident and whether liability is disputed. Working with JMW means your case is handled efficiently and correctly at every stage, and you can focus on your recovery rather than worrying about the details.

When to Seek Legal Advice

You should seek legal advice as soon as possible after being injured by an uninsured or untraced driver. The earlier you speak to a solicitor, the easier it is to secure evidence and protect your right to claim compensation.

JMW has a dedicated team that helps people injured in road traffic collisions involving uninsured drivers. We understand how to build a strong case, even when the other driver cannot be found. We also act quickly to put care packages in place for our clients, including rehabilitation and treatment, where needed.