Uninsured Drivers Compensation Claims
Can you claim whiplash if the other driver is uninsured?
If you are involved in a car accident and suffer a whiplash injury, can you claim whiplash compensation if the driver is uninsured? This article looks at the Motor Insurers Bureau, when it was set up and how it compensates the victims of uninsured drivers.
If you are involved in a car accident and suffer a whiplash injury, normally from a shunt in the back of your vehicle from behind, what can you do if the other driver is uninsured? In brief, you can make your claim against the Motor Insurers Bureau. They will settle your claim for compensation if successful and have the ability to recover any compensation paid from the driver.
The Motor Insurers Bureau was established in England and Wales in 1946 with the sole purpose of compensating victims of uninsured drivers.
Approximately one in every twenty drivers in the UK is uninsured, this being one of the worst records in Western Europe. The worst area for uninsured drivers was historically around Merseyside, but recently Bradford has a larger number of uninsured drivers.
The cost of claims made against uninsured drivers and settled by the Motor Insurers Bureau was more than £350 million in 2006. This leads to everyone paying an approximate £30 on their car insurance policy simply to cover the cost of compensation paid out as a result of the negligence of uninsured drivers.
If you are involved in a car accident and discover that the other driver is uninsured, you should immediately seek specialist legal help. A solicitor will be able to make contact with the Motor Insurers Bureau and advise them that you will be claiming compensation from them for your whiplash injury.
The solicitor will obtain a copy of the Police accident report which will confirm the address and contact details of the uninsured driver and is also likely to confirm that he had no valid insurance at the time of the accident.
Claims against uninsured drivers have a different procedure to follow from claims against drivers normally, and therefore a solicitor with a full understanding of the process needs to be involved. Although most claims settle well before a hearing, often solicitors have to issue a claim for whiplash compensation to speed up the process. It is both before the issue of proceedings and after that very strict time limits come into play against the Motor Insurers Bureau that must be followed or the claim can be dismissed.
The solicitor will investigate the circumstances of the accident, and obtain confirmation from the insurance database that there was no valid policy of insurance at the time of the accident.
Once you have issued Court proceedings, the claim will carry on in the normal way and you will usually receive an offer in settlement of your whiplash claim from the Motor Insurers Bureau.
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