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What to do if you are hit by an uninsured driver?

Driving without insurance is considered a criminal offence. So what do you do if you are hit by an uninsured driver? 

What to do straight after the accident?

The first thing to do after an accident is to assess if there are any risks or hazards. Risks and hazards can include fire, injuries, and an individual being trapped. It is important to assess the need to call emergency services, and which are needed.

Important information to note is the registration plate of the other vehicle, the make, model and colour of the car. Call the police and make a note of the police reference or CAD number for the incident, take the other drivers name, contact and insurance details. Take as many photos as you can and draw a diagram of the scene, finally, notify your insurer.

What if the driver does not stop or is uninsured?

If the other driver is not insured, or does not stop the police will investigate. If you are injured or your car is damaged you can make a claim through your own insurance.

Although, unless your policy includes a clause for accidents caused by uninsured drivers, claiming through your own insurance will likely affect your no claims discount. It will also raise your premium, especially if you are a recently qualified driver.

The Motor Insurers Bureau (MIB)

The MIB is an organisation that helps victims of uninsured and untraceable drivers through a central fund. The MIB is funded directly by the car insurance industry through motor insurance premiums. In association with The Road Traffic Act 1988, all UK motor insurers must contribute.

The MIB will pay compensation for injuries as well as vehicle and personal property damage.

Do I qualify?

If you find yourself involved in an accident with an untraceable or uninsured  driver, the MIB will consider your claim if you meet the following criteria:

  • The accident happened in the UK or the Isle of Man, Channel Islands and Gibraltar.
  • Attempts to identify the driver and their insurer have failed.
  • If you have gained injury you should inform the police and the claim must be started within 3 years of the accident.
  • If your vehicle was damaged but you were not injured, you should start a claim after the accident.

Claims can be from all road users (car, motorcycles, cyclists and pedestrians).

They also take into consideration claims from UK citizens that are involved in accidents with a foreign-registered vehicle in the UK or EU. (these may not be accepted post-Brexit).

What if I am a passenger?

Yes, you can claim unless you knew that the person you were travelling with is not insured. The MIB can reject your claim because of this. If you were aware that the driver was also under the influence of drugs or alcohol you cannot claim.

How do I set up a claim?

Claims must be submitted online, you will need to grant access to your medical records and provide evidence to support your claim. The MIB may contact the relevant parties such as the DVLA, the police, your insurance or witnesses.

How is a decision reached?

If they find the other road user to be at fault, you will receive compensation. If you were both equally responsible, compensation may be changed to suit the extent to which you were blamed.

If you are held responsible for the full accident you would not be compensated. Although you would have the right to appeal.

Driving lessons will be resuming again from the 12th of April, with the practical driving tests returning from the 22nd of April. SmartLearner Driving School are currently taking pre bookings for lessons, you can call 0800 118 2001 to speak to our office staff and book your lessons in time for April.

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