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Title: Can I claim compensation if I did not have insurance?

Date: 29 August 2012

Question

Hit by guy with no insurance

I was knocked off last month. Luckily I was not badly hurt (nothing broken but still soft tissue injury pain which is affecting my sleep). But the other driver did not have valid insurance – apparently it expired at midnight the day before my accident. His insures are therefore refusing to compensate me so I have a damaged bike, kit and the injuries and nothing to show for it. Can I sue him personally?

Geraint Jessop

Answer

You do not need to sue the uninsured driver directly. The Motor Insurers' Bureau (MIB), a government body, compensates people injured by uninsured drivers. You need to submit a claim on their application form – ideally get a solicitor to do so for you. Unlike the Untraced Drivers’ Agreement (applies to diesel spills, hit and run accidents and so on) standard legal costs are paid by the MIB in uninsured cases.

The Uninsured Drivers' Agreement is full of pitfalls and deadlines and to avoid falling foul of the rules and your claim being barred I recommend that you instruct a solicitor urgently. You are entitled to claim for damages for pain, suffering and loss of amenity in addition to damages to compensate you for your financial losses, such as repairs to your bike, replacement kit, loss of earnings and medication. It may be that the MIB seeks to recover its outlay from the person who did not have insurance but that does not concern you.

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