Uninsured Driver Accident

Who pays when you’re not the driver?

A man, left with serious brain injury after he allowed an uninsured driver to get behind the wheel of his car has won a landmark decision in a fight for compensation. The man was severely injured after his friend lost control of the car and was involved in a head-on collision with another vehicle. His friend was later convicted of dangerous driving, driving with excess alcohol and driving without insurance. The man has been left with severe brain injury and will need care for the rest of his life.

The insurance company who covered the man’s insurance and had him as a ‘named driver‘ on the policy accepted liability. However, they then stated that they would recover any compensation paid to the man, saying that he was at fault for letting his friend drive.

The complexity of this case was a legal nightmare for the specialists representing the man, who challenged the decision by the insurers to recover the compensation money which, had the challenge succeeded would have meant that the man would not have received any compensation for his injuries at all. However, when the case went to London’s High Court, Mr Justice Blair ruled against the insurers, saying that he considered ‘the insurer’s contention [to] result in the claimant victim being entirely uncompensated for his injuries, which is not a permissible outcome under the directives'.

It could be years before the man sees any of the compensation, though, as the insurance company has been granted leave to appeal the ruling. The judge also decided that the case brought up important issues that needed to be looked at in more detail.

So who is liable if you allow an uninsured driver to get behind the wheel of your car and you are subsequently involved in an accident? The fundamental point is whether the man knowingly allowed an uninsured driver to commit a criminal offence by driving whilst uninsured (as well as being intoxicated) and whether responsibility ultimately lies with the driver or with the passenger under whose name the vehicle is insured. In this case, the courts found in the claimant’s favour, although this is now being vigorously contested by the insurers. Although the man has suffered life-changing injuries, he may lose some sympathy amongst those who view this case if it is found that he knowingly allowed a drunk, uninsured driver to climb behind the wheel of his car and drive on the public highways. But if he is to be treated in the same way as any other accident victim, isn't he entitled to claim for compensation that may help him to cope with his long-term injuries?

This case has brought up a legal and moral dilemma for claims experts and all parties are watching the potential outcome of this decision very closely. If the Court of Appeal upholds his case, it could mean a radical overhaul of the claims industry and the allocation of ‘blame‘ in cases involving uninsured drivers. If the decision goes in favour of the insurers, it will mean that insurance companies have the right to recover compensation awarded to claimants and could leave a lot of accident victims feeling very vulnerable. This particular situation is not a common occurrence, but with the number of uninsured drivers on the road in the UK now over two million, there may be more cases like this waiting in the wings.

You Need To Know More Vital Information About Whiplash?

For more vital information that you really should know about whiplash claims, please download our free Essential Guide To Whiplash. It will tell you:

What "No Win No Fee" really means and how to ensure you do not get caught out
Whether a Claims Company or a Solicitor is the right choice for you
What does it mean if you have Legal Expense Insurance (and do you have to use the solicitor that they tell you too if you do not want to)?
How to obtain private treatment for your injuries at no cost to you
How to quickly obtain a replacement car or motorcycle if you need to
Why accepting an offer directly from the other driver’s insurance company could cost you thousands of pounds and lead to longterm injury problems

There is no cost so please complete your details below now and we will immediately send you the guide.

Share This Article With:

Need Help With Whiplash Neck Pain?

At 1stClaims we want to ensure that you are happy with the solicitor we choose for you, which is why we are so careful to ensure we choose only experts. Our solicitors put you first every time and with our free enquiry, it costs nothing to ask. Of course, you will also receive all of your compensation and, unlike most other claims companies, because we are run by a former personal injury solicitor and believe in doing things the right and ethical way, we do not charge you for our service.

If you would like 1stClaims‘ expert Whiplash Solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.

Remember, it costs nothing to ask and you receive 100% of your compensation.

We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.

Claim Now

Start your FREE claim for compensation by using our online claim form.

Remember we charge no fees and you receive 100% of your compensation.

What Is A Whiplash Injury?

0800 2888 693 or;

Guide To Choosing A Whiplash Solicitor

0800 2888 693 or;

Why Choose Us for Your Whiplash/Road Claim?

You keep 100% of your compensation
You pay nothing whether you win or lose your claim
Your solicitor is chosen by one of our directors who was a personal injury solicitor for 14 years. This ensures you are put in touch with the best solicitors to ensure you receive a 1stClass service from 1stClaims!
All 1stClaims solicitors are monitored by client feedback to ensure a quality service is maintained for your benefit

What Our Clients Say

“I'd highly recommend using a company like 1stClaims to find the solicitor with the most experience in dealing with your particular claim - better than sticking a pin under "S" in the phonebook! ” - Mrs W, South Wales

UK Wide Coverage

We have expert solicitors across England, Scotland, Wales and Northern Ireland waiting to help
you now.

Ask A Whiplash Question?

If you have any questions about making a claim at all, please complete our question form and we will send an answer straight back to you (no charge, no obligation)

ASK A QUESTION NOW