What to do If you Get Hit by an Uninsured Driver
Research indicates that people who drive without insurance are as much as ten times more likely to drive under the influence of alcohol, and up to three times more likely to be convicted of careless driving and driving without due care and attention.
Furthermore, these drivers tend to be responsible for at least one accident every six months. It is estimated that at least one in twenty motorists regularly drives without any insurance. For this reason, it should come as no surprise that as much as ten percent of all motorists have been involved in accidents with uninsured drivers.
So, what recourse do you have if you’ve been involved in an accident with an uninsured driver?
Justice is the insurance which we have on our lives and property. Obedience is the premium which we pay for it.
William Penn
Since you probably won’t know that the other driver is uninsured at the time of the accident, you’ll just have to carry on as normal and cover yourself. That means going through the process of taking the other driver’s name and address, making a note of the other car’s make, model and registration number, and recording as much of what the driver says as possible. This is the best you can do at this stage, and if you do not take this information, then you won’t have any legal recourse when it comes to claiming for compensation for the accident.
In addition, take detailed notes about the damage that occurred to the other car as well. You should also describe the accident scene in as much detail as possible. Make a note of road signs and markings, light and weather conditions and if at night, whether the other car had its lights on. If you have a camera with you, take pictures of everything, including the other driver.
If you took out a comprehensive car insurance cover, then you don’t have to worry about your repairs as your insurer will pay for it. However, you should be aware that you could quite possibly lose your no claims discount unless you have actually paid out to protect it. Then there’s the excess payment issue. Excess Payment is the fixed contribution you must pay each time your car is repaired through your car insurance policy. This is something you’ll have to pay unless you have a policy that waives excess payment in the event that you’re hit by an uninsured driver.
Third Party Car Insurance Cover
Third party cover provides basic cover such as third party only, third party, or fire and theft. The way it works is, if you are involved in an accident and are at fault, then your insurance company will pay out any amount that is granted to the ‘third party’ that may have died or been hurt or have had their property written off or damaged. Generally, the injured party’s and your own legal fees are included.
For drivers with third party car insurance however, you’re in for a hard time as far as accidents involving uninsured drivers. You will have to bear the entire cost of repairs to your vehicle as your insurer will not pay for them. Furthermore, because the other driver is uninsured, you aren’t going to get any compensation off him or her unless you can trace them and succeed in a court action. In this scenario, if you live in the UK, the only guaranteed solution open to you is to make a compensation claim to the Motor Insurers’ Bureau. However, you’re still going to have to pay the first £300 of the claim.
In order to claim from the Motor Insurers’ Bureau, You must have taken all of the other drivers’ car registration number. In addition, you must have reported the accident to the police and submit a copy of the police’s accident report. The Bureau’s telephone number is 01908 671681 or you can e-mail them on enquiries@mib.org.uk.
At the moment the law in the UK is being amended in order to crackdown on uninsured driver owners. When the law comes into force, anyone keeping – not simply driving – an uninsured vehicle now faces a fixed £100 fine and can also have their car impounded. Right now the penalty for driving without insurance is just £170 which is hardly anything considering the potential costs involved.
