If you’ve been injured in a road traffic accident caused by an uninsured driver, or by a driver who failed to stop and left the scene, you may still be able to claim compensation.
Many people assume that if the at-fault driver does not have insurance, or cannot be identified, there is no way to recover compensation. Fortunately, that is not the case.
What Happens if the Other Driver Was Uninsured?
If the driver responsible for the accident was uninsured, a claim can often be pursued through the Motor Insurers’ Bureau (MIB). The MIB exists to compensate people who have been injured by uninsured motorists and can deal with claims for:
- Personal injuries
- Vehicle damage
- Loss of earnings
- Medical expenses
- Other accident-related costs
What Happens if the Driver Left the Scene?
If the driver cannot be identified, often referred to as a hit-and-run or untraced driver accident, a claim may still be submitted through the MIB.
It is important to:
- Report the accident to the police as soon as possible
- Gather any witness details
- Take photographs where possible
- Keep records of your injuries and expenses
The more evidence available, the greater the likelihood of a successful claim.
Will I Receive Less Compensation?
Compensation is assessed in largely the same way as any other road traffic accident claim. This means your settlement may include compensation for:
- Pain and suffering
- Loss of earnings
- Rehabilitation costs
- Travel expenses
- Care and assistance provided by family members
The value of the claim will depend on the circumstances of the accident and the extent of your injuries.
How Long Do I Have to Make a Claim?
In Scotland, personal injury claims are generally subject to a three-year time limit, although certain exceptions may apply.
It is always advisable to seek legal advice as soon as possible following an accident.
How Jackson Boyd Can Help
Our specialist personal injury lawyers represent clients across Scotland in road traffic accident, employer liability and public liability claims. Learn more about our Personal Injury Services.
