Uninsured and Untraced drivers – a lost cause?

Accident Claim, Personal Injury, Road Traffic Accident, solicitors, whiplash

There are around 160 deaths caused each year in road accidents involving uninsured drivers and approximately a further 23,000 injured.

Uninsured drivers are more likely to be involved in hit and run incidents than insured drivers, often resulting with the insured driver making a car accident claim on their insurance affecting their no claims discount, even though the uninsured vehicle may have been to blame.

The latest statistics published show that about 900,000 drivers under the age of 30 are currently driving without insurance

But if you’re involved in an accident caused by an uninsured or untraced motorist there are things you can do.

As long ago as 1946 the government set up the Motor Insurers Bureau to assist where claims were being made against Uninsured and Untraced motorists who had caused accidents.

Those schemes have been altered and refined until they now cover just about every single possibility.

So what if you are hit by an Uninsured Motorist?

The same rules apply to other accidents.

Get the other drivers details immediately, including car registration and type and a name and address, and any evidence you can of their poor driving, including any witnesses that saw the accident.

Mobile phones are great because a lot have cameras now. Don’t be afraid of taking photos, as long as it’s safe, and take as many as you can, you can always sift through them later.

If you are injured get yourself checked out at the local Accident and Emergency Department or go and see your GP.

What to do next.

Sometimes people will admit they have no insurance straight away, other times they might tell you to contact them later or give old details that are out of date.

Whether to call the police is up to you. The Police are extremely interested in drivers without insurance and if you suspect that someone hasn’t got insurance or is being difficult about giving details then a call to ask the Police to attend the accident scene when the accident has just happened can usually sort things out quickly.

Once you have had an accident contact your solicitor quickly, especially if you think there are problems with the other driver’s details. The sooner you make contact the quicker we can sort things out for you.

We have the ability to interrogate the national database for the other driver’s insurance details (provided you have been involved in an accident), and can soon find out whether the lack of insurance details was a mistake or is actually a problem.

How do I get my money back if they are Uninsured?

The present scheme allows you to recover both compensation for any injury you suffered and the damage to your car and any pay lost or other out of pocket expenses. Sometimes they will reduce your car damage claim by an excess of £300 but this depends on the case.

So really you are put into the same position as if the other driver was insured, which is great. But get advice quickly to make sure that you are making the claim properly.


What if it was a hit and run accident?

These are more difficult. You must have reported the accident to the Police. Get as much evidence again as you can, including partial or whole registration numbers, make model and colour of vehicle and if you can a description of the driver or any occupants, no matter how poor you think your description of them is.

Get the accident scene recorded as well as you will be the only one telling us what happened and how it happened.

What if I have only damaged my car?

In accident caused by Untraced drivers, you must have:

• reported the accident to the police within 5 days of it happening.

• The vehicle has to be identified – without being able to do that you won’t be able to claim for the damage to your car.

• Made your claim to the Motor Insurers Bureau within 9 months of the accident happening and if you haven’t then they will not pay.

Providing you have managed to do this, and can prove it’s the other driver’s fault, then your claim would be dealt with as an Insured claim would be and you should be paid out, subject to an excess of £300 which will be deducted from any settlement.

What if I or others are injured in the accident?

If you have suffered a personal injury, then the scheme will cover this as well.

Again there are some things that have to be done beforehand, as set out above, but if you have suffered an injury then you have 3 years to bring your claim. Please remember though if you have other losses and haven’t reported the accident within 9 months then you might lose those other losses.

Whatever the situation get in touch with us or a suitable local lawyer. It can be a real minefield and early legal help will make things move faster.

One Response to “Uninsured and Untraced drivers – a lost cause?”

  1. whiplash says:

    Crashing while avoiding another car makes it your “fault”, not the guy who you avoided. Weird how that works.

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