What happens if you are hit by an uninsured driver?

You may be able to claim compensation from the Motor Insurers’ Bureau (MIB) if you’ve been injured because of an uninsured driver. “We deal with many injuries caused by uninsured or untraced vehicles. You shouldn’t panic, and as you would in any other car accident, you should report to the police in the first instance, collect any evidence (photos etc) and inform your insurer about the accident, and should you wish, seek legal help to pursue a claim through The Motor Insurance Bureau (MIB), an organisation set up to help people involved in road accidents where the normal routes to compensation are not available.”

Injuries

Ben sustained numerous injuries, including a fractured sternum, fingers and toes, as well as a foot joint dislocation and wrist ligament tear, both requiring surgery. He suffered further injuries to his head and elbow as well as severe bruising caused by the seatbelt. Ben had several surgeries post the accident and experienced further complications since. Ben is now classed as disabled.

Ben’s mental health has also suffered since the accident, experiencing PTSD, flashbacks and depression. He has sought help for this and took up a course of counselling.

Impact on his home life

Libby, Ben’s wife, became his full-time carer. She had to reduce her hours and work from home for 3 months. His injuries meant he couldn’t wash, get dressed or cut up his food without assistance from Libby. He was unable to drive for over 6 months, and he could no longer pursue his passion for gardening and fishing. The stress put a significant strain on their relationship.

Making a Claim with the Motor Insurance Bureau (MIB)

We lodged the claim on Ben’s behalf with the MIB, it was apparent from the outset liability would not be disputed. What we had to do is build a robust case to demonstrate how the injuries had impacted Ben’s life and how they were expected to affect him in the future, including his future career prospects.

Impact at work

Ben had worked for the same business for several years in a manual role, though he was employed through an agency. Unfortunately, this meant he was not entitled to statutory sick pay. Understanding the situation, his employer agreed to provide financial support through a loan arrangement.

He was unable to work for over six months, and when he did return it was on a phased basis. Because of his injuries, he could no longer perform manual tasks that he had been doing previously and had to take up a supervisory role. We argued, supported by medical evidence, that Ben would continue to be disadvantaged on the open labour market.

Evidence

The MIB obtained their own orthopaedic report, which we felt was inadequate, with many of Ben’s injuries being omitted. It was also believed the expert had not fully considered the extent of the injuries and their impact on his life.  We instructed our own experts to help establish and review all his injuries, as well as their long-term implications.

The reports found the injury to his wrist and subsequent ligament repair would leave him with permanent internal wire fixation and scarring, and his broken index finger is unlikely to improve with the risk that surgery would mean he would experience reduced movement still further.

Alongside this, we established the psychological impact the accident had on Ben.

“In Ben’s case, advising the client to make the decision to discard the medical evidence the MIB had obtained and carefully choosing the appropriate discipline of expert was key in being able to go on and secure the correct medical evidence and ultimately accurately value the claim for damages.”

Settlement

Bringing forward our evidence to the MIB they sought to reach a settlement. Negotiations ensued and our client decided to accept an offer of over £100,000 which included a substantial amount to cover future losses.

Reflecting on the case Collette shared “We understood from the outset how important the compensation was for Ben and his family. The money would not only compensate him for his injuries and future losses but also help cover the losses he had suffered from being unable to work, the losses Libby incurred after reducing her hours to care for him, and the little things like damaged property, missed holidays and transport to and from medical appointments. We are well-versed in dealing with the MIB and were able to strongly defend Ben’s position to ensure he got a fair compensation package.”