
A motorist owes a “duty of care” to other road users. This means he or she should not hurt other people, whether other drivers, passengers (including passengers in his/her own vehicle), pedestrians, cyclists etc.
In simple terms, what has to be shown if your claim is to be successful is that the motorist has been at fault because he or she has failed to drive with reasonable care - for example if your car is hit by a car from behind.
If a motorist who is at fault is either uninsured or untraced, then innocent victims are protected by the Motor Insurers’ Bureau (the MIB), which provides a fund that can be claimed against in these circumstances.
The Highway Code is a good guide when trying to assess who is at fault. Some of the more common faults in driving result from speeding, careless overtaking, failing to keep a proper lookout, failing to keep a proper distance from the vehicle in front and taking inadequate care emerging onto a main road from a side road.