Hit By an Uninsured Driver

Claims Against Uninsured Drivers


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By Cai Bradley

on Thursday 14 December 2017


two men arguing by accident

Driving without insurance is illegal in the UK and carries an unlimited fine and up to six penalty points on your driving licence, but the process of making a claim against another driver can be far more complex if the at-fault driver is uninsured.

However, here at Non Fault Claims, we are happy to provide you with free information and legal advice to make your claim run as smoothly as possible.

If you have been hit by an uninsured diver in the UK, there are ways that you can be compensated with the right legal representative.

What Happens if You Get Hit by an Uninsured Driver?

If you are hit by a driver without insurance, you should still attempt to recover details of the make, model and registration plate of the car, as well as the driver’s name and address. All parties involved in a car accident are legally obliged to provide such details, so if they refuse, you should contact the police.

Ensure that you take photographs of the incident and any damages done to your vehicle, as a few quick photographs help authenticate your claim and provide valuable evidence to validate your account of the incident.

In accidents involving an uninsured driver, it is recommended that you report the accident to the police within 14 days for personal injury claims and five days for claims regarding damage to your property.

However, in the eyes of the law, you should notify the police of a car accident within 24 hours of it occurring.

The police should be notified immediately if any vehicles are causing an obstruction, if any person or animal is injured, or if you have damaged a third-party property such as a wall or garage.

You should also contact the police when (or ‘if’) you become aware of the other involved party being uninsured, as an accident report is needed to make a claim through the Motor Insurers’ Bureau (MIB) – the people that handle the claims of those hit by uninsured drivers.

Dealing with the aftermath of a car accident is stressful as it is, and finding out that the other party is not insured will only add to the distress. However, despite many people’s misconceptions, you are still able to make a claim after being hit by an uninsured driver.

Can You Claim Against an Uninsured Driver in the UK?

Claiming against an uninsured driver can sometimes be done through your own insurance provider if you have fully comprehensive cover, but is primarily done through the Motor Insurers’ Bureau.

However, claiming through your insurer means that you will probably lose your No Claims Bonus unless you pay extra for an optional ‘uninsured driver promise’ policy, so using the service provided by the Motor Insurers’ Bureau is recommended.

What is the ‘Uninsured Driver Promise’?

The ‘Uninsured Driver Promise’ is an optional policy offered by insurance providers to financially protect yourself in the event of an accident with an uninsured driver.

The policy is optional and is therefore provided at an additional cost, but it does serve a useful purpose if you do collide with an uninsured driver.

Alternatively, if you have no such policy, you can claim through the Motor Insurers’ Bureau.

What is the Motor Insurers’ Bureau?

The Motor Insurers’ Bureau is a government-regulated company that handles claims where the liability of an accident lies with uninsured or untraceable drivers.

It is a non-profit organisation set up by motor insurers in the UK, with the purpose of taking responsibility for:

  • Compensating victims of uninsured drivers

  • Compensating victims of untraceable drivers

  • Running a UK Information Centre

  • Monitoring vehicles crossing international boarders (the Green Card system)

The Road Traffic Act 1988 requires all insurers in the UK to be a member of the MIB and they must contribute to its funding.

The MIB’s ‘Uninsured Drivers Agreement’ states that the non-fault party in a car accident has the right to claim compensation when the liable driver does not have insurance.

Making a Claim through the Motor Insurers’ Bureau

If you have been involved in a car accident and the liable party is untraceable or uninsured, you must make a claim through the Motor Insurers’ Bureau as soon as possible, as any delays could end up invalidating your claim. If you’d like some help doing this, don’t hesitate to contact us at Non Fault Claims today.

The process itself is pretty straightforward; you simply complete an MIB claim form and return it to them, they will then investigate the claim and will be in touch with you to discuss the matter further.

If you have been involved in an accident involving damage to your vehicle, the MIB note that you should try to claim through your own insurer if you have comprehensive insurance cover, but if you have not, you should complete an MIB claim form and they may be able to assist you.

The MIB may also be able to help you if you have an accident involving damage to property and personal injury.

If the MIB decide to investigate your claim, it typically involves:

  • Establishing all the facts

  • Confirming the identity of the involved parties

  • Recovering independent reports from motor engineers and witnesses

  • Obtaining a police report

  • Contacting the DVLA, your insurer or a foreign bureau if needs be

The MIB is also known to request a sketch of the accident scene if it would help the case, and – if you’re claiming personal injury – copies of your medical records and an independent medical report.

The purpose of the investigation is basically to ensure that you were not at-fault for the accident and that any injuries you claim for are legitimate.

Before you begin attempting to make a claim through the Motor Insurers’ Bureau, you should check your existing insurance policy for an ‘Uninsured Driver Promise’ as you should only pay for one or the other, not both.

Exemptions

Although the MIB is funded to help you receive the compensation that you are entitled to, there are some circumstances where they will refuse to pay-out.

Most commonly, the following circumstances would mean that you would not receive the help of the MIB:

  • If you were a passenger in a vehicle that you knew wasn’t insured

  • If you were a passenger in a vehicle driven by a drunk-driver

  • If the accident did not happen on a public road or an area that the public has full access

However, if you have been involved in an incident similar to the situations listed above, you should get in touch with our advisers and we will help you choose your next steps as you move forward with your claim.

What if I Hit an Uninsured Driver?

It’s important to remember that – even if the other vehicle is uninsured – you will be responsible for repair costs to your vehicle and theirs if an accident was entirely your fault. For example, if you drove into the back of an uninsured driver as a result of your own lack of concentration.

Your insurance is likely to cover the cost of repairs to the other person’s vehicle, but the uninsured driver’s car can still be seized by police and perhaps even crushed if necessary. Driving uninsured is illegal and the driver can still be prosecuted, regardless of whether they caused the accident with you or not.

If you feel you may be entitled to a claim, or you’ve been hit by an uninsured or untraceable driver, get in touch with our team today for help on what to do next, obligation-free. To contact us, complete our short contact form and we will be in touch at a time that suits you or call the free number provided below.

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Non Fault Claims can help you begin your potential claim, get in touch today!


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