Can You Claim Whiplash If The Other Person Has No Insurance?

The aftermath of being in an accident can be a worrying time. If you have been injured you will be keen to start an appropriate course of treatment as soon as possible so that you can begin to make a recovery from your injuries. You may need to take time off work while your injuries begin to heal and this may lead to added financial pressure if you do not get paid by your employers whilst off sick. On top of all of this, if you discover that the person responsible for the accident had no insurance at the time of the accident, you may believe that you will not be able to make a claim against the third party driver for whiplash injury compensation. This, however, is not the case. This article explains why and how you are still able to make a claim for whiplash injury compensation even if the third party insurer was uninsured, what you should do if you find yourself in these circumstances and how much compensation you may receive for your injuries.

The Motor Insurers Bureau (MIB) is an organisation which was set up specifically to help the victims of uninsured (and untraced drivers). By law, every motor insurance company in the UK is required to be a member of the MIB and to contribute to its funding. Where an accident has been caused by an uninsured driver the MIB will effectively take the place of the insurance company. Your claim will proceed in much the same way as if you were making a claim against an insured driver. You will be examined by an independent medical expert so that your injuries can be assessed and details of any out of pocket expenses you have incurred will be gathered together and presented to the MIB. The amount of compensation you receive should not be affected because you are claiming against the MIB rather than a standard insurance company.

If you have sustained a whiplash injury in a road traffic accident caused by an uninsured driver you should contact a specialist whiplash injury solicitor who will be able to answer any questions you may have and advise you on your chances of pursuing a successful claim. They will also talk you through the practical steps you need to take in order to make a claim against the MIB.

The amount of compensation you are awarded will depend upon the extent of your injuries and how long it is likely to take you to recover. You are likely to be assessed by an independent medical expert who will prepare a report detailing your injuries and providing a prognosis.

Our expert Loyalty Law solicitors specialise in acting for victims of uninsured drivers and will be able to answer any questions you may have. Call us today on 0800 142 2775 for a free, no obligation consultation with one of our expert solicitors.


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