Insurance Section

What To Do If You Have A Car Accident With An Uninsured Driver

May 2006

Uninsured drivers are ten times more likely to drink and drive and three times more likely to be convicted of driving without due care and attention. They also on average cause one accident every six months. In fact, one in twenty motorists regularly drive without insurance. It's therefore not surprising that one in ten of all motorists have been involved in accidents with uninsured drivers. The question is what to do if you're involved in an accident with one?

At the time of the accident you're unlikely to realise that the other driver is uninsured so you'll have to react in the normal way collecting this kind of information -

Take a note of the other person's car model and registration number
Also note the other driver's name and address - but whether you'll get the correct details is perhaps unlikely
Nevertheless, always record what the other driver says because unless you have this information you'll have no leg to stand on when it comes to getting some of your money back
Take notes about the damage to the other car and the accident scene
Remember to note road markings, road signs, light and weather conditions and whether the other car had its lights on, basically as much detail as possible
If you're lucky enough to have an independent witness get their full contact details. And if you happen to have a camera in the car, take lots of pictures - and try and get one with the other driver clearly in the picture

Your Insurance Policy

If your policy is comprehensive, your insurer pays for your car to be repaired but you could lose your no claims discount unless you've paid to protect it. But then there's the issue of your excess payment - that's the first part of the repair cost you have to pay for. You'll have to pay that unless you're lucky enough to have a policy that waives the excess payment if you're hit by an uninsured driver.

For those with third party car insurance, you're in for a hard time. Your insurer won't pay for your repairs and, as the other driver is uninsured, you're not going to get any money off him/her unless you can trace them and succeed in a court action. Even then there's no guarantee that they'll pay up. Your only guaranteed solution is to make a compensation claim to the Motor Insurers' Bureau - but you'll still have to pay the first £300 of the claim.

How To Approach The Motor Insurers Bureau

The Motor Insurers Bureau insists that have the other drivers' car registration number and you must first report the accident to the police
Always ask the police for a copy of their accident report as the Bureau' will want to see it
The Bureau's telephone number is 01908 671681 or check out their website at www.mib.org.uk

Summary

At the moment The UK Law is being amended to crackdown on uninsured drivers and not before time. Anyone keeping, not just driving, an uninsured vehicle now faces a fixed £100 fine and can also have their car seized and crushed. Currently the average fine for driving without insurance is just £170 and that's hardly a punishment when car insurance costs many times more. Losing the car plus a fine of £100 is much more realistic.

But in the meantime, the only hope that somebody has of getting financial compensation from an uninsured driver is to record as many facts of information relating to who they are, their car and the accident scene. If in doubt treat anyone that you have an accident with as a non insured driver.

Michael Challiner

Resource Box