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What happens if the other driver in my road accident is not insured?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    What happens if the other driver in my road accident is not insured?

    Since it’s illegal to drive without insurance we tend to take it for granted that all the other drivers on the road have done the right thing and taken it out. Sadly, however, this is not always the case. Figures compiled by the Motor Insurers Bureau in 2012 revealed that of the 34 million drivers on the UK roads an estimated 1.2 million are uninsured. If you’re involved in a car accident caused by the negligence of another party then it goes without saying that you’ve already been unlucky. If you then discover that the other driver in question wasn’t even insured then you’ve got every right to think that your already bad luck just got even worse.

    Many people, upon hearing this news, may assume that it puts an end to any thoughts of seeking compensation. In every other case the money paid out in compensation will be covered by the other drivers’ insurance company, but clearly this can’t happen here and the individual in question may well not have the assets or money to cover any claim. If you speak to a road accident solicitor, however, they’ll explain that there is a way around this. It involves presenting your case to the Motor Insurers Bureau.

    The Motor Insurers Bureau is a body which was established to deal with such cases and is funded through contributions from every UK insurer. In most cases they’ll require confirmation, via a police report, that the other driver was traced and found to be uninsured. Even if the driver isn’t traced, however, or remains unknown after speeding away from the scene of the incident, a claim can still be made. Claims for compensation against uninsured or untraced drivers can be more complicated than standard claims, so it’s more important than ever that you seek the help of an expert lawyer. They’ll know exactly what the process entails, what information you need to provide, what the compensation is designed to cover and approximately how much you can expect to receive. It’s not fair that you should be made to pay twice for the reckless disregard of another person, and this system ensures that you won’t be.

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