Passengers That Travel in Uninsured Vehicles

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By Cai Bradley

on Thursday 14 December 2017

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A Passenger in a Car Accident Without Insurance

It’s not only drivers that can claim compensation – a significant amount of passengers are also involved in road traffic accidents every year, and they are also entitled to claim. However, if you travel in a vehicle that is NOT insured and get injured in a non-fault accident, the claiming process changes slightly.

You can make a compensation claim if you are involved in an accident as a passenger in an uninsured car, but it must typically be made through the Motor Insurers’ Bureau (MIB) – an organisation that handles claims concerning accidents that involve uninsured vehicles in the UK.

Passenger Injury Claim after Uninsured Car Accidents

The Motor Insurers’ Bureau note that you will be unable to successfully make a personal injury claim through them if you were aware that the driver:

  • Was driving without insurance or an expired insurance policy

  • Had illegally stolen the vehicle prior to the accident

  • Was driving uninsured whilst also being disqualified or driving without a licence

  • Was attempting to escape or avoid being caught for a crime

As a passenger, you have a legal responsibility not to enter a car if you know the driver is uninsured, or if you are suspicious that they may be driving illegally.

This is important for your safety, but also for the sake of making a claim – as you may not be able to claim if the MIB believe you were aware of the driver being uninsured.

Either way, get in touch with our team of advisors here at Non Fault Claims and we will help you decide which route to take.

Who Pays Out if You Claim?

If you make a successful injury claim as a passenger, the compensation you receive will come from the Motor Insurers’ Bureau – which is funded by a small amount taken from every insured driver’s premium each year (estimated at £30).

The MIB also handle claims where the at-fault driver is untraceable, so victims of hit-and-run incidents and the like are able to receive compensation for their injuries.

Most Common Passenger Injuries in a Car Crash

Passengers are faced with the same dangers as drivers in car accidents, and many of the common injuries are the same for both.

The most common passenger injuries in road traffic collisions include:

  • Whiplash and other neck injuries

  • Back injuries

  • Head injuries and brain damage

  • Broken bones and fractures (broken arms, broken legs)

  • Burns

  • Psychological damage

The amount of compensation you receive varies in relation to the type of injury and its severity – as discussed below.

Passenger in Car Accident Whiplash

Whiplash is one of the most common injuries that occurs as a result of a car accident – affecting both drivers and passengers alike. Typically, the injury occurs due to a sudden impact from behind, which means most cases involve rear-end collisions.

If you think you have suffered whiplash after an accident, you should be seen by a medical professional as soon as possible. The injury can vary considerably in terms of severity, so your symptoms can last anything from a few weeks to a few years, and can even be on-going.

It’s not only injury compensation that you are able to claim for – as many claims include covering:

  • Loss of wages

  • Medical costs

  • Travel expenses

  • Cost of mobility aids or home modifications

You will only be able to claim these back if they are directly linked to the non-fault car accident, of course.

How Much Money Can a Passenger in a Car Accident Get UK?

Although you can receive compensation that covers expenses, lost earnings and so on, your primary claim is likely to be personal injury.

If your claim as a passenger in an uninsured car is successful, the average personal injury compensation payout you receive generally depends on the type of injury, its severity and the impact on your daily and occupational life.

The average MIB claims payouts for passenger injury claims are listed below:

  • Average whiplash compensation payout: £300 – £6,290

  • Average back injury compensation payout:

    • Severe: £30,910 – £128,320

    • Moderate: £9,970 – £30,910

    • Minor: £1,950 – £9,970

  • Average fractured arm injury compensation payout: £5,280 – £15,300

  • Average payout for post-traumatic stress disorder:

    • Less severe: £3,150 – £6,520

    • Moderate: £6,520 – £18,450

For a more detailed list of a variety of injuries and their typical compensation payouts in relation to their severity, check out our full injury payout guide.

Your Responsibilities as a Car Passenger

As a passenger, you are legally required not to enter a vehicle that you know is being driven by an uninsured driver.  However, you may not be aware of the driver being uninsured, or they may claim that they are insured when they’re not – in which case you will be able to claim.

You should always refrain from being a distraction or a hindrance to the driver, in order to reduce the risk of them not being able to concentrate and consequently, causing an accident.

You must also wear a seatbelt – as it is required by UK law for passengers to fasten their seatbelts. It also helps prevent fatal injuries, and often reduces the damage done during road traffic collisions.

What to do After a Car Accident if You’re a Passenger

Your first concern after a car accident – whether you’re the driver or a passenger – should be the safety of all parties involved, including yourself and others.

You should seek medical attention after an accident, either by visiting a GP, having the attention of paramedics, or being seen at A&E in a hospital. Where and how you are medically examined thoroughly depends on the type of injury you suffer and whether it is severe or not.

Be sure to keep a record of all medical documentation and reports – as these can help strengthen and authenticate your injury claims.

You are legally required to notify the police of any accidents in the UK, including minor accidents, and can do so by either calling the emergency services to attend the scene (‘999’) in serious incidents or by calling the non-emergency number (‘111’) after minor collisions.

The police are be able to write an official accident report, which can be useful in determining the at-fault party and it can also be used to help your claim.

Once the safety of all parties is ensured, you should begin gathering some information and evidence from the scene itself. This can include the following, if necessary:

  • Taking photographs of the incident, the surrounding area and any damages done to vehicles

  • Gathering information from other parties (name, contact details and car registration)

  • Asking for witness statements and their contact details

  • Writing your own report regarding what happened, perhaps even a diagram

Taking photographs of the accident can be a great help and provides solid evidence to support your claim – especially if there is no CCTV in the area.

Make a Passenger Injury Compensation Claim

For more information or to begin your personal injury claim following a non-fault car accident, get in touch with our expert advisors by either calling us on our Freephone telephone number below or by completing our simple contact form.

If you have been injured as a passenger and later found out that the at-fault party was uninsured, you should contact our team in order to receive our valuable guidance regarding your MIB claim.

0808 1454275

Non Fault Claims can help you begin your potential claim, get in touch today!

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