Claim Whiplash Compensation Despite No Insurance: RTA Not Your Fault

UK road traffic accident solicitor explains how to claim compensation if you are a driver of a car which was not insured, but another driver was at fault for a collision which caused your injuries – including whiplash neck and back pain

Car accident victim question

My brother was drivong on a one way residential street in London when he was hot by another car. Regretfully, he was driving without motor insurance and admitted this to the police.

However he did not cause the crash – the other driver, a lady, caused the collision as she turned travelling up the wrong way up a one way street and drove into him.

She smashed into the driver side of the car and only damaged her bonnet and still drove her car home.

My brother’s car was badly damaged and my brother suffered severe whiplash in his neck and lower back pain. An ambulance as well as the police arrived at the scene and took my brother to hospital.

The lady driver who caused the crash has sent a letter of claim alleging her car is a write off and is attempting to claim compensation for neck injuries.

Can she make this claim and is my brother entitled to claim compensation for his vehicle damage and injuries from the other driver?

Road traffic accident solicitor response

Driving without motor insurance is a criminal offence and the police will likely prosecute for this act – but that aside your brother did not cause the accident and as such is not legally responsible for paying the other driver’s vehicle damage and personal injury compensation.

You will however need the help of a specialist car accident solicitor to make a claim for your brother’s whiplash neck and back injuries together with any financial losses such as vehicle damage.

It might be that your brother is unable to prove how exactly the accident happened – but when the police are involved a report will have been completed setting out the available evidence as to how the collision occurred. For a small fee this can be obtained and can be used to support your
brother’s version of events. CCTV and witness evidence might also be available.

In any event the Motor Insurers Bureau will meet the liability of an uninsured driver – but will attempt to recover any monies paid back directly from the driver.

If a claim is intimated – your brother should contact the MIB to discuss the situation to ensure that everything is done to prevent a bogus claim being made by the lady driver who is at fault.

To make a whiplash compensation claim click car accident whiplash neck back claim.

 

 

 

 

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