Involved in a road traffic accident with an uninsured motorist?

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There appears to be some confusion about whether you can make a claim against an uninsured driver. The answer is - yes you can!

The law requires that all vehicles are insured, unless they have officially been ‘off the road’ with a SORN at the DVLA. In theory this means that all vehicles involved in accidents will be insured. However the reality is that there remain many thousands of uninsured vehicles and some people are unfortunate enough to be injured by the negligent driving of an uninsured driver.

In such circumstances, the absence of a motor insurer to claim from does not prevent the injured person from bringing a claim and recovering compensation. The Motor Insurance Bureau (MIB) step in to deal with the claim. The MIB exists to ensure that victims have a form of redress against uninsured drivers.

Similarly, the MIB will also deal with claims in cases where the driver responsible cannot be traced (typically, in ‘hit and run’ incidents). However, in claims brought against both uninsured and untraced drivers, the rules and criteria set by the MIB must be carefully followed at all times.

Trethowans have experience of dealing with many claims for injured motorists involving the MIB. Tom Hartigan, Associate Solicitor in Trethowans’ Personal Injury team says "It is important that injured motorists are aware of the fact that they are still able to claim for compensation even when the third party driver is uninsured or cannot be traced. Such claims should always be pursued."