Despite it being illegal to drive a motor vehicle without suitable insurance, it is quite apparent here at The Injury Lawyers that some people consider it okay to drive uninsured. This is the case even though the vast majority of people know that it is an offence to drive without insurance. Interestingly, though I imagine not everyone is aware of this fact, in 2011 it will also be against the law to own a motor vehicle without appropriate insurance unless this motor vehicle is certified as ‘off road’. However, regardless of these laws, people do drive uninsured, and unfortunately some of these uninsured drivers end up causing accidents. In fact, each year 23,000 people are injured and 160 people are killed by uninsured drivers.
So, what happens if you are involved in a road traffic accident where the other person is uninsured? Normally the other persons insurance would compensate you, but in this scenario, it may be that the other person with no insurance has inadequate funds to compensate you. If you have been involved in a road traffic accident and have sustained an injury through no fault of your own, you are entitled to compensation – so what happens where the person who caused your accident has no insurance and no money to compensate you? You are of course entitled to compensation – but on this occasion, does this right disappear?
The simple answer is – You are still entitled to compensation. You will be compensated through the Motor Insurers’ Bureau (the MIB). The MIB was set up in 1946 to compensate the victims of negligent untraced or uninsured motorists. By way of the Road Traffic Act 1988, every motor insurance company must help fund the MIB. In other words, part of your motor insurance premium goes towards the running of the MIB. It is estimated that roughly £15-30 of your insurance premium goes towards the cost of running the MIB. So, if you have sustained a personal injury as a result of a road traffic accident in which the other side is uninsured, you can still make a claim for compensation. It is also worth noting that this claim for compensation can include any property of yours which has been damaged as a result of the road traffic accident. In 2008, 64,000 claims for compensation were settled by the MIB.
So, as well as the MIB compensating victims of negligent uninsured drivers, it was also established to compensate victims of hit-and-run accidents where the other driver cannot be found. Just because the other driver is untraceable does not mean you are no longer entitled to compensation. This is also the same situation where the other driver was at the wheel of a foreign registered vehicle.
If you have been involved in a road traffic accident involving an uninsured driver, and you have sustained injury and loss through no fault of your own, it is important that you contact a quality injury lawyer. They will be able to provide you with the advice you need and take you through the process of submitting a claim through the MIB.
