There are estimated to be over two million uninsured drivers in the UK. Uninsured drivers are ten times more likely to drink and drive and three times more likely to be convicted of driving without due care and attention. They are also involved in one in every ten accidents. Frightening statistics. So where does that leave the law-abiding, fully insured motorist if they're involved in an accident with an uninsured driver?

Many victims believe that you cannot claim compensation for injuries sustained in a road traffic accident with a driver with no insurance. This is not the case and there are strict guidelines in place that ensure victims can still claim the compensation they deserve for injuries such as whiplash. The legal system and the government saw that without some form of protection, thousands of motorists involved in accidents with uninsured drivers were losing out financially through no fault of their own. So the Motor Insurers Bureau (MIB) was created.

The MIB is an industry led organisation set up to compensate victims of accidents involving uninsured or untraced drivers. The initial objective was to compensate victims for personal injury, although their remit has now grown to include property damage claims (subject to an excess of £300). The process is essentially the same as claiming from an insurer, although it can be more complicated than a standard claim and claimants will need the services of a claims expert who is used to dealing with the MIB. There are certain rules that apply to MIB claims that will need a legally trained expert to negotiate.

Don't be lulled into a false sense of security at the scene of an accident. Just because the other driver is helpful and shows concern for your wellbeing does not necessarily mean that they are insured. As with all traffic accidents, the initial response you make will help any future claims for compensation run more smoothly. Carry out the same procedure as you would for any other accident; take details from the other driver, try and get witness statements and details and if possible take photos at the scene (preferably with the driver of the other vehicle in at least one shot). This will make identification easier later on if the driver turns out to be uninsured. Remember, they have committed an offence by driving with no insurance so the police may want to see any evidence you have to secure a conviction.

If you have sustained an injury as a result of the accident, an accident claims specialist will be able to call in expert medical witnesses to give a full and accurate appraisal of your situation. Once the doctor (and any other medical practitioners involved including your own GP) have submitted their reports a copy will be sent to the MIB as well as your own legal team. Once the reports have been analysed, the MIB will then make you an offer of compensation. These offers are comparable with the figures you might expect if you were negotiating with an insured driver's insurance company and all legal costs are paid by the MIB.

Treat an accident with a driver with no insurance in the same way as any other but make sure that you gather as much evidence at the scene as you can and, if you do find that you are claiming against an uninsured driver, make sure your legal representation is experienced in dealing with claims cases involving the MIB. There is no reason why an accident with an uninsured driver should prevent you from claiming compensation.

One of 1stClaims' Directors has written a book on claiming against uninsured drivers which is available on Amazon. 

http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.We deal in a range of claims, including whiplash claims and compensation.