Legal Options After Getting Hit by an Uninsured Motorist
Getting into a car crash is bad enough, but when you find out that you were hit by an uninsured driver, that is a whole new level of stress. It is like getting hit twice. First the accident and injury, then all the concerns that come with the unknown.
These things often happen more than you think. When it does, most people just sit there, not knowing what to do next. You start asking yourself all these things like, who’s going to pay? Can I still make a claim? Is there legal help? Or am I just stuck with the bill?
Let’s walk through it. It is not easy to get compensation, but there are some options out there after being hit by an uninsured motorist and what steps you can take to recover your losses.
What Happens If You Are Left Injured by an Uninsured Driver?
Normally, in a road traffic accident, you have to go through the other person’s insurance company to get your car fixed, your injuries covered and maybe some money for time off work, too. In the case that the driver responsible for the accident has no valid insurance, there is no one to chase, so you cannot make a normal third-party claim.
That does not mean you are out of luck. Not yet. You still have a few roads to try. Some are slow, some need paperwork and some depend on your insurance.
1. Check Your Insurance: Do You Have Uninsured Motorist Cover?
First of all, after getting hit by an uninsured driver, go through your insurance documents or just call your insurance company and ask them. You might have uninsured motorist coverage on your policy. It is not always required by law, but many people add it just to be on the safe side.
This kind of cover helps in situations like this. Where the other driver cannot pay, your insurance steps in and takes care of things like:
- Hospital bills or injury costs
- Car repairs or replacements
- Lost income if you miss work
- Maybe even some money for pain and stress
If you have got this cover, that is your best and easiest option. You will not have to deal with the other driver and you will not have to fight with someone who has nothing to offer. Your insurer will handle it.
2. Make a MIB Claim
There is another way, through the Motor Insurers Bureau, or the MIB as otherwise known. The MIB is a government back initiative. It was set up to help people exactly like you, drivers and pedestrians hit by uninsured or hit-and-run drivers. The big insurance companies put money into it, from premiums paid by motorists, so it acts like a fund for these situations.
You can make an MIB accident claim for:
- Injury treatment
- Any other losses caused by your road traffic accident
However, MIB claims tend to settle at a slow pace. MIB will ask for documents. A lot of them. Police report, proof that the other driver was uninsured, medical records, receipts, maybe even statements from witnesses. So, it is a bit of work, but it’s better than paying for everything yourself. Many people do get paid through this route in England and Wales, after being hit by an uninsured motorist.
3. Can You Sue the Uninsured Driver?
Legally, you have the right to take them to court. You can sue for the damage they caused. If they could not afford insurance, they probably cannot afford to pay you either. Even if you win the case, collecting that money might be difficult. It can take years. They might pay in small bits or not at all. That is just the reality.
Still, it could be worth it if the other driver owns property, a business, or has any real assets. You will need to speak to a lawyer to see if it is worth going down that road or it can turn into a long, tiring battle with little reward.
What Should You Do Right After the Road Traffic Accident?
No matter which legal route you take, what you do immediately after the accident matters a lot. These steps can protect your rights and help your claim:
- Call the police: Always report the accident, especially if the other driver has no insurance.
- Get medical help: Your health comes first. Keep all medical records safe.
- Take photos: Of the car damage, your injuries and the accident site.
- Talk to witnesses: It is important to get names, phone numbers, and anything that helps back your story.
- Write everything down: What time it happened, what the driver said, what you felt. It is easy to forget later. So better to write it.
These steps are made to help and protect you. Whether you are making an insurance claim, going to MIB or taking legal action, the proof matters. Legal experts like RU1NJURED’s panel solicitors can help you gather all the evidence needed to make a strong MIB claim.
What to Expect With MIB Claims
If you are planning to go through the MIB, prepare yourself. The process is not quick. It is not as easy as completing a form and waiting for a check.
They will want:
- Proof that the other driver was uninsured
- Police reports and photos
- Your medical records
- Receipts for costs, like taxis, repairs, and hospital bills
It takes time, sometimes months, but don’t give up on it. If your case is solid, MIB will pay. Maybe not everything, but enough to help you recover.
Don’t Wait Too Long
There are strict time limits for making these claims. For MIB claims, you usually have three years from the accident if you are an adult above 18 years. Children get more time. If you want to sue the other driver, that also has a deadline, usually a few years too.
Don’t wait for a long time. The longer you wait, the harder it becomes to collect documents, so talk to witnesses and prove your side of the story. You can also seek assistance from an expert legal professional like RU1NJURED’s panel solicitors who will handle all the paperwork and make things easy for you.
Final Thoughts
Getting hit by an uninsured driver is more than just annoying. It messes with your head. Makes you feel stuck. Like, there is nothing you can do. You feel powerless. You are not alone in this type of case. You are not out of options. Maybe it is your uninsured motorist cover. Maybe it is an MIB claim or maybe, or a legal action, whatever the situation, talk to the panel Solicitors at RU1NJURED.
