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Your rights if you’re hit by an uninsured driver

For the first time in over a decade, the Motor Insurer’s Bureau (MIB) which acts on behalf of the insurance industry, says it faces a rise in claims for victims of uninsured or hit-and-run drivers.

Between January and July of 2017, the MIB reported a rise in cases of almost 10% to about 12,000 compared to to the 11,000 it received the year before.

This has resulted in the MIB facing an estimated £256 million payout in compensation to victims.

This coupled with the fact that an estimated 1 million uninsured vehicles currently occupy the roads in the UK, means it is more important than ever before for you to know your rights should you be unfortunate enough to be involved in an accident with an uninsured driver.

Establish Fault

The first thing to consider should you be in an accident with an uninsured driver, is who’s to blame for the accident.

If an accident was entirely your fault, you won’t be able to claim any reimbursement from the other driver, even if they are uninsured.

If you have a ‘fully comp’ insurance policy you may be able to claim against this for repairs for your own vehicle, but you should be aware that you will still most likely have to pay an excess of £100 or more, and you will also lose your no claims bonus, meaning your premium will most likely go up when it comes time to renew your policy.

If the accident was your fault, you may need to make an ‘at-fault’ claim. This will also result in a loss of your no claims bonus.

However, many insurance brokers including The AA and Direct Line have an ‘Uninsured Driver Promise’ meaning you won’t have to pay any excess and you’ll get to keep your no claims bonus if the accident wasn’t your fault and you were hit by an uninsured driver.

The fault lies with the uninsured driver

Technically if you are involved in an accident that was the fault of an uninsured driver, the uninsured driver is responsible for all the damages and personal injuries caused.

However, in practice, an uninsured driver is likely to be unable to meet the financial liabilities.

This means that the chances of successfully recovering damages from uninsured drivers is extremely low.

So what can you do?

Motor Insurers’ Bureau

The Motor Insurers’ Bureau (MIB) first started operating in 1946 and is funded by the UK’s motor insurance companies.

They are key to providing a platform for insurance claims against uninsured drivers.

Should you be in an accident involving an uninsured driver and be forced to make a claim against your own insurance provider, the MIB will compensate your insurer for the cost of the claim.

After your insurer receives the compensation from the MIB they will reinstate any no claims bonuses you may have had prior to the accident.

The MIB will also pay out compensation to victims who suffer personal injury or damage to their property as a result of the collision with an uninsured driver.

This agreement ensures that the innocent victims of uninsured drivers don’t lose out financially.

However, should a vehicle and driver fail to be identified as is the case with some hit-and-run cases, the MIB will not pay out for damages to property but will pay out for personal injury claims.

Does everyone need motor insurance?

The simple answer is yes. Driving without insurance is illegal in the UK.

The minimum cover you must have is third party liability cover. This will ensure that you are covered for any damage you cause to another vehicle or another person’s property.

If you’ve been tempted to drive without insurance, don’t!

Not only are you putting other road users at risk, you could also face a minimum £300 fine and six penalty points on your license.

Should your case go to court you could face an unlimited fine, and be disqualified from driving.

We can help!

If you choose Thorneycroft Solicitors for your road traffic accident claim, you can rest assured that we will be fully committed to you and your claim.

Our specialist no win – no fee solicitors have a great deal of experience in dealing with road traffic accident claims.

They will guide you every step of the way to a successful road traffic accident compensation claim.

We offer a free initial interview in order to review your specific circumstances and assess the viability of your personal injury claim.

If you would like to speak to one of our specialist team you can call us now on FREEPHONE 0800 1979 345, or complete our simple enquiry form and we can call you back at a time to suit you.