Joneseys blog

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have no insurance straight away, other times they might tell you to contact them later or give old details that are out of date.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

On yer Bike!

Accidents and cyclists – what you need to know

People usually have a very clear idea of what happens if they have a bump in their car – getting insurance details, taking names of any witnesses etc. However if the accident involves a bicycle people are often confused as to what they should and shouldn’t do. This guide sets out to explain how the law affects those involved in accidents with cyclists (whether you’re riding or walking).

On the Jeremy Vine show on BBC Radio 2 this week there was even a discussion about whether cyclists should be allowed to ride on the pavement – if this happened then potentially there could be more accidents between cyclists and pedestrians.

So if you’ve been involved in an accident with a cyclist, or you are a cyclist in an accident, can you make a claim for compensation?

Well the short answer is that yes you can (if it was the other person’s fault), in exactly the same way as car drivers bring claims against each other (although bear in mind if as a pedestrian you collide with another pedestrian you are going to struggle).

The same laws and rules apply to all these collision cases and it’s important to realise this.

What does the law say?

Despite what people might think or say, the law doesn’t favour pedestrians or cyclists over motorists. It never has, and it never will be outwardly biased in that way.
In Spring 2009 there was a move to have the blame automatically shifted in favour of the ‘more exposed’ party in an accident.
That would have meant that if a motorist and cyclist/pedestrian collided, then the cyclist/pedestrian would always win compensation outright, with no deduction.
Similarly if a cyclist and pedestrian had an accident, then it would have meant that the pedestrian would always win.
It’s hard to see how this could work within our present legal structure and so I don’t think this will ever come to pass.
As is the case in all accidents, the courts will always look to see the actual circumstances of the case and see who is to blame. They will treat parties the same and will investigate what happens and who did what to who and why.
However the law does say that a motorist is in charge of a potentially lethal weapon. It’s the protection that the cyclist/pedestrian doesn’t have, which means the motorist has to take more care when driving it around. The Courts consider that’s a reasonable expectation to put on car drivers when they are driving cars where other, more exposed, road users will be encountered.

What should you do if an accident happens?

Just the same as if it was a motoring accident, then get a note of the other parties details. If it’s a cyclist then make sure you get their full name and address, they haven’t got registration plates like cars and their details cannot be traced easily unless you have taken them when the accident happens.

Always have a look around you for any potential witnesses. It’s not easy to keep your wits about you when you have been hurt, and other things come into mind, but try and get at least a name and number you can call them on later.

Mobile phones are great these days as most now take photos and you can get instant snap shots of what happened which help when trying to explain things later.

Get advice from a professional as soon as you can. Most solicitors offer free advice for accident and personal injury claims (we certainly do). Don’t be afraid of approaching them as they will want to help.

Who pays?

In car accidents, the driver that caused the accident pays. But as you must have insurance on your car then actually their insurance company pays (there’s also a government scheme to cover situations where motorists haven’t got insurance in a motor accident).

The difference with cyclists, is that they don’t have to have compulsory insurance cover.

That might seem wrong as clearly if they are negligent they can cause a deal of damage to people and property by their actions or any actual collision.

However they may be insured for their negligent actions through a standard house and contents policy, which covers the insured person for a substantial sum for any act or omission that has caused another person loss or damage.

So there is a good chance that the cyclist will actually be insured (I say ‘chance’ because they may not have a suitable house and contents insurance policy). It’s always worth while seeking advice.

Even if no insurance is found, it may still be worth pursuing a claim depending on the cyclist’s personal situation, however hard it might seem on the cyclist.

As a cyclist/pedestrian what should I do?

A lot of this is common sense but it’s worth putting it down – if you’re involved in an accident then it’s this sort of common sense that the court would be expecting you to apply – if you’re running down a motorway blindfolded then the court might decide that you brought the accident on yourself!

So here’s what you should be doing:

If you are a pedestrian:
• Stay on the pavement wherever you can. It’s not always that easy though especially in the countryside where paths don’t exist or if they do, they are quaint narrow sloping village paths that were best suited to pedestrians and carts.
• If you are going to cross a road then pick your best spot – think about being seen – it’s the old adage, if you can’t see them, they can’t see you.

If you’re a cyclist:
• If there is a cycle path then use it, but they aren’t everywhere

• Don’t hug the very edge of the road (and I say this as a car user as well). Ride out from the edge so you miss the rain grates or poor edges of country roads. It helps motorists see you when approaching side roads. That doesn’t mean in the middle of the road but it doesn’t mean you have to ride rubbing against the pavement either.
• Don’t weave in and out of parked cars; always travel in as straight a line as possible past them. Look and signal before you start, turn or stop, this lets drivers know what you are doing.
• Never ignore traffic lights or pedestrian crossings.
• Don’t ride on pavements, but use the road (Jeremy Vine doesn’t make the law yet!)
• Don’t ride down one-way streets in the wrong direction, or in bus lanes unless there are signs saying cyclists can do so.
• Don’t forget at night and in bad weather you should always use a white beam front light, red rear light and have a red rear reflector that are all operating correctly.
• Always wear bright or fluorescent clothing during the day and reflective clothing by night where possible. If you can’t, then wear clothing that makes you stand out from the background you are cycling against.

I know all that, but why should I do it?
Well you don’t have to, you are a free person and are entitled to exercise that freedom, but generally the law will say that if you don’t obey the generally accepted rules and you have an accident then you must accept some or all of the blame, and given the cyclist/pedestrian generally comes off worst in accidents with cars and motorcycles, a bit of self awareness in these circumstances will assist.

As a motorist, what should I do?

Again it’s mainly common sense stuff, but in the dark nights it is especially important.
• Always check for cyclists on your inside when turning left.
• Give consideration to cyclists turning right.
• Check for cyclists before opening your vehicles doors.
• Give cyclists enough room, at the very least a half cars width. This is particularly important in windy conditions or on poor road surfaces.
• Understand why cyclists ride away from the kerb, they do it to be visible whilst approaching side roads, to have room to avoid potholes and drains, to allow for movement caused by strong winds amongst other reasons.
• Don’t approach cyclists with full beam headlights on, dip them as you would with other road vehicles.
So take care out there whichever way you choose to move around and if you are involved in an accident, get legal advice about it as soon as you can.
If you have had an accident then click here to see if you can claim