What if the at-fault driver is uninsured or underinsured?

NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault

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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 if the at-fault driver is uninsured or underinsured?

    Road traffic accidents aren’t always clear cut. If the other driver involved in your car accident is not insured, it can complicate the process of seeking compensation. However, there are still potential avenues available to pursue compensation, depending on the circumstances. For example, in the UK, the Motor Insurers’ Bureau (MIB) is a body established to provide injury compensation for victims of accidents caused by uninsured or untraced drivers.

    If you are involved in an accident with an uninsured driver, you may be able to make a claim through the MIB. The MIB acts as a fund of last resort and compensates victims in cases where the responsible party does not have insurance.

    If the uninsured driver is at fault for the accident and has the means to pay compensation, you may choose to pursue legal action against them directly. However, it’s important to consider that even if a judgment is obtained, enforcing payment can be challenging if the driver lacks sufficient assets or income.

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