Uninsured driver claims
Being involved in a road traffic accident can be traumatic or even life-changing. Whether it’s dealing with your physical recovery, or coping with your financial losses, we understand it can be a stressful time.
It can be even more upsetting when it turns out your injuries and financial losses were caused by a vehicle that doesn’t stop or you discover that you’ve been hit by someone without insurance.
For decades, Digby Brown has dealt with more road traffic crashes than any other form of accident so this means we have abundant experience in uninsured personal injury claims or where a driver cannot be identified/traced.
The law in the UK is very clear – if you’ve been physically injured or suffered financial losses because someone else was negligent then you are entitled to seek compensation. No one should ever be left out-of-pocket because of an accident that wasn’t their fault and an accident with an uninsured driver or hit-and-run driver is no different.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
The process of an uninsured or untraced driver personal injury claim
You may have questions, fears and doubts but with Digby Brown working in the background for you, you’re free to focus on your recovery.
Your solicitor will fully investigate the circumstances of the accident and work with experts to assess the seriousness of your injuries and how it affected your life. This can then be used to work out a value of compensation that is fair to you, your needs, your family and your future.
Your road traffic accident solicitor will take the time to walk you through the whole process of your uninsured driver claim or untraced driver personal injury claim.
From the first phone call you will have everything explained to you in plain English. Whether it’s about our no win, no fee funding model “Compensate” or discussing the settlement process.
But as with any traffic injury compensation claim, the key to securing you fair compensation is in carrying out full and thorough investigations into every aspect of what happened to you:
Your injury
Gathering medical evidence to work out how badly you were injured and what the long-term effects will be (and how it will impact your daily life in the future).
The cost of medical treatment
Some injuries may require specialist or private medical treatment. We can help you access this to aid your recovery with any costs recovered as part of your claim.
The cost of ongoing rehabilitation
Some people may require ongoing support like physiotherapy or counselling – this is also something we can help you source.
Loss of earnings
The purpose of compensation is to put you back in a financial position as if an accident never happened. Therefore recovering lost earnings will likely be the biggest part of your case. Whether you lost wages for one day or for the rest of your life, your solicitor will work with top experts to calculate your losses. If your immediate financial situation is serious then we will also take steps to recover a lump sum known as an “interim payment”. This will help you cover urgent domestic costs like rent or mortgage bills.
Other expenses
There are also small expenses that people are able to include as part of their claim such as having to pay for a taxi home after a crash or if personal possessions were damaged. It is important to keep any receipts for this purpose as they may become useful at the time you make a claim.
We do it by raising an action with the Motor Insurers’ Bureau (MIB).
The MIB is a UK scheme set up in 1946. In a nutshell, it works by car insurance companies sending around £30 of every drivers’ premium into a big pot – this pot is then used to compensate victims of traffic collisions where the driver who caused the crash had no insurance or couldn’t be traced.
And the MIB does not just compensate motorists - ALL road users such as pedestrians and cyclists can make a claim with the scheme if they were hurt by an uninsured or untraced driver. The MIB can even deal with issues with fuel spills on the road and also has a special process called The Green Card Scheme which helps foreign nationals if they were struck by an untraced or uninsured driver during their time in the UK
The MIB estimates 26,000 people are injured each year in road traffic collisions caused by an uninsured or untraced driver in the UK. In Scotland alone, there are around 40,000 uninsured motorists.
But remember – although the MIB can help with untraceable driver claims, the person making the claim will face the same type of challenges as if an insurer is involved. The process can be slow, involve investigations and the value of the claim may be subject to negotiation. Thankfully, our expert independent solicitors are experienced in dealing with claims against the MIB.
Our client James Morton learned this. He suffered a broken foot and couldn’t work for three months after his car crashed when it spun on the road due to a diesel spill. The MIB tried to settle his claim for £13,000 but after Digby Brown got involved it settled for £169,000.
Won’t my own insurer help if I’m hit by an uninsured or untraced driver?
Your first thought might be to simply ask for compensation from your own insurer but there are a few key issues to consider here:
Your policy type – in the event of a crash with an uninsured driver many insurers will only pay out if you have a fully comprehensive cover. Depending on your policy or provider it could also impact your no-claims bonus, even if the accident wasn’t your fault. Some insurers have an ‘uninsured driver promise’ which means your no-claims discount will be reinstated and your excess returned to you, but its often only the case with fully comprehensive policies and differs for each provider.
Cars v people – your car insurance is for your car, it does not cover you. This means insurers might only pay you compensation for damage to your vehicle rather than any injuries you suffered.
Special rules – some insurers claim they will pay the compensation provided you can give them certain information. For example, one major insurer claims they will help you provided you are ‘fully comp’ and know the registration of the vehicle that hit you; the make, model and colour of the vehicle that hit you and the full name and address of the driver who hit you. If the other driver doesn’t have insurance then what are the chances they’ll give you their name and address? And if the other driver can’t be found how can you provide your insurer with any vehicle details?
You need an expert – if you are injured after being hit by an uninsured or untraced driver you will want to know your personal injury traffic claim is being investigated by a personal injury expert. Sadly, we’ve seen too many insurers attempt to under-settle claims so securing the help of a personal injury solicitor is the best way of ensuring you secure fair compensation.
Time limits for making an uninsured driver claim
Generally speaking, you can make a claim up to three years after the date of the crash. However, there are a few circumstances where the Scottish courts sometimes grant more time. Such as if you suffered a serious injury (like a brain injury) and were not able to seek legal advice at that time. Another occasion where the courts may grant more time is if the claim is made on behalf of a child under the age of 16 to allow a compensation claim to be made on their behalf before they turn 19.
Steps to take after a collision with an uninsured driver
- Safety first: The first priority after any accident is to ensure that everyone involved is safe and not seriously injured. If anyone is hurt, contact the emergency services
- Gather information: If possible, obtain the uninsured driver's name, contact information, and license plate number. Also, try to collect contact information from any witnesses who saw the accident happen.
- Report the accident to the police: In the UK, it is a legal requirement to report any accident involving injury, or damage to property. This is especially important when dealing with an uninsured driver.
- Take photos: Use your phone or camera to take photos of the damage to your vehicle, as well as any other vehicles or property involved in the accident. This evidence can be useful when making a claim.
- Contact your insurance company: Even though the other driver is uninsured, you should still contact your own insurance company as soon as possible to make them aware of the accident.
- Contact Digby Brown: If you have been injured or your car has been severely damaged, it is a good idea to consult a lawyer who specialises in uninsured driver claims. We can help you navigate the claims process and ensure that you receive fair compensation for your losses.
Remember, uninsured driver claims can be complex and time-consuming, so it is important to be patient and persistent when pursuing compensation.
Specialist legal help
The route to getting the compensation you are entitled to can be a difficult one, with procedural hurdles to clear. Therefore, getting the right person for the job matters to ensure you receive the compensation you are entitled to.
If you would like to speak to a legal advisor, please call us or fill in our online enquiry form and we will be back in touch.
0333 200 5925
Monday to Friday: 8am - 7pm
Saturday and Sunday: 12pm - 4pm
(Please note: local rate, even from mobile)
Email enquiry form
Complete our enquiry form and we will strive to reply within 24 hours
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