Is it possible to claim for a car accident with a tractor even though the tractor was uninsured?
It may be possible to claim for a car accident with a tractor if you are able to prove that someone other than yourself was at fault for the accident. As in all claims for compensation, persons involved in road traffic accidents are required to prove that they were not at fault for the accident in which they were injured in order to be eligible to pursue a claim for compensation.
In normal circumstances a claim for compensation would be pursued against the insurance policy of the driver responsible for the accident, however as the driver of the tractor has no insurance policy from which to claim, it may be able to pursue compensation from elsewhere.
It is worth noting that just because the driver of the tractor is without insurance, it does not automatically mean that they are responsible for your road traffic accident, and you may still have to prove liability.
When no insurance policy is able to be claimed from, it may be possible to pursue compensation for an accident from the Motor Insurersâ€™ Board, a private limited company set up in 1946 to provide compensation to drivers who have been the victim of accidents involving negligent uninsured drivers. The company, which is funded by UK based insurers, may need to be shown proof that the uninsured driver responsible for your accident was in fact negligible.
In order to prove that the tractor driverâ€™s negligent actions led to the road traffic accident, you may need to gather evidence. Photographs of the scene and your injuries, CCTV footage and witness statements may be useful if the driver decides to deny liability.
The police should always be notified when a road traffic accident takes place, and whether or not they attend the scene, you should provide them with a statement. This may also be able to be used as evidence in support of your compensation for an accident. If there is a criminal element involved in the accident, which as the tractor driver was uninsured means there automatically is, the police may be able to assist you in gathering further evidence to support your claim for a car accident with a tractor. The police may also be able to help if the driver has absconded from the scene.
It is important to remember that compensation for an accident is always more accessible in claims in which a solicitor has been spoken to first. Liability in compensation claims, in particular when a road traffic accident is involved, can often be hotly contested, and being able to call on the guidance of an experienced personal injury claims solicitor can be vital. In order to increase the likelihood of being awarded the maximum amount of compensation for your claim for a car accident with a tractor, speak with a solicitor at the earliest possible opportunity.