Can I Claim Against A Non-Insured Driver?

If you are in an accident with another vehicle and you discover that they do not have insurance in place it is only natural to become very worried as to whether you are able to claim for compensation and whether you can proceed with a claim.

If you have been in an accident with another driver and you are not at fault then you are able to make a claim against the other driver, but because there is no insurance company in place the claim is made through the Motor Insurer’s Bureau (MIB). The MIB is a state funded organisation who compensate people who have been in an accident with an uninsured driver.

This ensures that anyone who is in an accident with an uninsured driver is able to claim compensation for their injuries and losses after an accident. This provides protection to road users from being in an accident with a driver who is not insured. It is important to be aware that a claim for your vehicle damage cannot be made against the MIB. A claim against the MIB is for compensation for physical or psychological injuries as a result of an accident.

We have handled numerous claims against uninsured or untraced drivers by going through the MIB. There are forms to be completed and the application has to be lodged with the MIB.

We are able to take care of all of the forms and all correspondence with the MIB and also arrange for a medical appointment for you. We are able to take care of the entire process if you are involved in an accident with an uninsured or untraced driver.

We have been able to help clients who have been in accidents both with uninsured or untraced drivers and helped them to obtain compensation after an accident. This is at no cost to our clients as the MIB cover the legal costs. So, a successful claim for compensation to the MIB will cost nothing at all and you will keep 100% of your compensation.

Untraced Or Uninsured Driver

There is a distinction between whether you have been in an accident with an untraced or uninsured driver, and we have provided some details for each one below.

What Should I do If I am In An Accident with An Uninsured Driver?

An accident with an uninsured driver is surprisingly common as there are a lot of people who are on the roads without proper insurance in place.

If you are in an accident with an uninsured driver it is very important that you get as much detail and information as possible regarding the other driver.

These details include:-

  • Name
  • Address
  • Date of birth
  • Description
  • Car registration
  • Car description
  • Circumstances of the accident
  • Contacting the police and obtaining the police reference number

All of these details are required for making the claim to MIB.

We will complete the forms for the MIB for you and take care of everything. As much detail as possible is needed to be able to successfully proceed with a claim to the MIB.

It can quickly become apparent that the other driver does not have insurance and this can cause a lot of worry and concern if you have been in an accident with a driver who does not have insurance in place for their vehicle. People can often be worried that they will have to foot the bill for the accident because there is no insurance in place.

If you are unable to get all of the details or you simply cannot remember all the details that does not stop you from making a claim against an uninsured driver. Obviously, the more information you have the more helpful it will be with your application.

If you are in an accident with an uninsured driver contact us as soon as possible and we will gather all of the details and submit the forms to MIB without any delay.

The MIB will then acknowledge receipt of the form and they will then carry out investigations into the accident.

The MIB often send out an accident investigator to speak to you and take a statement about the accident. They do this to verify that an accident has occurred and that the other vehicle was uninsured.

Once their investigations are complete the MIB will confirm whether they are happy to proceed with your claim and to pay compensation to you for your injuries after the accident.

We will then obtain a medical report for you which sets out your injuries such as whiplash type injuries or anxiety and upset after the accident.

On some occasions the MIB will not accept that they are liable to pay compensation in a case, this could be for a number of reasons such as they do not believe that the accident was severe enough to have caused injury, or they believe that there was in fact an insurance policy in place. In those circumstances the MIB can deny the claim and it may be necessary to issue Court proceedings in those circumstances.

Obviously, we will be able to guide you and proceed with your case in the best possible way to make sure that you get compensated properly after an accident.

Untraced Driver

A classic example of an accident with an untraced driver is someone who has been involved in a hit and run accident. This is an accident where a car has collided with another vehicle causing damage and injury but who has quickly “made off” from the scene. The person who has been injured is unable to gather any details regarding vehicle that has collided with them. A claim can be made to the MIB in these circumstances, it is referred to as a claim against an “untraced” driver.

If you are involved in an accident with an untraced driver then again it is important to get as much information as you possibly can. Obviously, this could be very difficult after a car accident where you are injured or dazed and it can be difficult to obtain the vehicle registration of the other car.

We have been able to help people after a hit and run accident to obtain compensation.

How Long With My Claim Take?

A claim against an uninsured/untraced driver can take slightly longer than a claim involving an insurance company, largely because the MIB have to carry out necessary investigations into the accident to verify that they are happy that compensation is appropriate after the accident.

How We Assisted Our Client With A Claim Against An Uninsured Driver

We recently helped a client who was stationary when an uninsured driver drove into the rear of his vehicle. Both parties got out of the car and exchanged details. Our client contacted us after the accident to make a claim for compensation. We carried out a search on the vehicle registration of the other driver and discovered that the car was in fact uninsured. We quickly completed the forms to make a claim to the MIB and lodged them with the MIB. Our client had contacted the police and had a police reference number which was also used to verify that an accident had occurred.

Our client had also attended A&E for treatment for his whiplash injuries. The A&E notes were also used to verify to the MIB that an accident had occurred and compensation was due to our client.

We then obtained a medical report for our client which set out his injuries after the accident and we were able to successfully settle his case and obtain our client compensation.

An accident with an uninsured driver can be more worrying and concerning than an accident with a driver who has an insurance policy in place. This is often because people are concerned that they may be liable for further costs or have to pay compensation themselves after an accident with an uninsured driver. This is not correct. The MIB are in place to help people who have been in accidents with uninsured drivers.

Contact Us

To find out more information on how to make a claim please call us now on 028 71 229 343, email us on info@mcgeeokanelaw.co.uk or Make An Online Enquiry.

Belfast Office
55-59 Adelaide Street
Belfast
BT2 8FE
028 90 394 131

Derry Office
73 Clarendon Street
Derry / Londonderry
Northern Ireland
BT48 7ER
028 71 229 343

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Why Choose Us?

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  • FREE Initial Consultation
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Client Reviews:-

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"Couldn’t recommend McGee O’Kane Solicitors enough, they are very friendly & informative. You’ll get 100% honesty and your case will be dealt with efficiently no matter day or night they are easily contacted and couldn’t do enough to help. Excellent service wouldn’t go anywhere else." Friendly Solicitors Derry

August 17, 2018

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