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Being in an accident is stressful enough without the added complication of the other motorist having no car insurance. While driving without insurance is illegal, around 4 per cent of UK drivers take this risk. Understanding the claims process, your rights and critical steps helps ensure a fair outcome after an incident with an uninsured road user.
Driving without insurance leaves innocent parties exposed and liable for damage costs. This article outlines how to identify uninsured drivers, how to make injury and vehicle claims and the impacts on your policy.
Shockingly, the Motor Insurers’ Bureau estimates that more than one million drivers regularly take to the roads without insurance in the UK.
Key facts about uninsured driving:
Driving uninsured is illegal under the Road Traffic Act. Offenders face fines, licence endorsements and even vehicle seizure if caught. But penalties seem to be a minor deterrent. Having insurance helps compensate for costs you incur through others’ negligence.
Many insurers now include an “uninsured driver promise” as standard in fully comprehensive policies. This provides additional protection if you’re hit by an uninsured motorist.
The promise ensures you won’t lose your no-claims bonus if the accident isn’t your fault, as well as a refund of your policy’s excess once the claim has been settled. This ensures you won’t be left out of pocket if you’re hit by an uninsured driver.
Check your documents to confirm whether the promise is included and the full qualifying details.
You can check if a motorist carries valid insurance in two ways:
Check their details
Use the Motor Insurance Database (MID)
It’s important to verify the other driver’s insurance details are valid rather than taking their word for it to avoid a lengthy and difficult claims process.
If you’re involved in an accident with an uninsured driver, you should perform the following steps:
Good evidence proves liability if the negligent uninsured party disputes fault. Your insurer then acts to recover your costs directly from them, though this isn’t guaranteed.
Pursuing financial compensation against an uninsured driver depends on your cover type.
If you have a comprehensive policy, you can make a claim through your provider, but the process will be trickier because your insurer won’t be able to recover costs from an uninsured driver.
Third party and third party, fire and theft policies don’t include cover for accidents with uninsured drivers, so you won’t be able to make a claim through your provider. You can, however, try to claim compensation through the MIB, but this is a lengthy process.
In the case of a hit and run, whereby you’re hit by another driver and they leave the scene of the accident without exchanging details with you, identifying the at-fault driver can be challenging, but you should still do the following:
With minimal evidence, providers will likely settle claims under uninsured driver coverage, but they may investigate further or involve police. Lack of detail around the incident and the fleeing party makes uninsured driver claims involving hit and runs more challenging. So, make sure you gather what you can.
If you hold comprehensive cover and are at fault in an incident involving an uninsured driver:
However, the uninsured driver will still face consequences, including fines and penalty points or even the seizure of their car.
Yes. Uninsured drivers can make an injury claim against you if you hold liability cover and are at fault for an incident. These claims don’t go through their insurance provider since they don’t have one. Instead, claims directly name you as the negligent insured party.
The Motor Insurers’ Bureau provides a mechanism for uninsured drivers to pursue rightful claims. Your liability insurance still settles proven claims to prevent personal accountability. However, uninsured drivers can’t claim for vehicle damage from you. They carry this cost for driving illegally without insurance.
If the incident is the uninsured driver’s fault, most comprehensive policies protect your no-claims bonus through their uninsured driver promise. If claims remain disputed, insurers often reduce discounts at renewal while investigations continue to determine liability. It gets reinstated upon confirming the other party’s fault.
For at-fault incidents, a claim against your liability cover affects your no-claims status as usual. Blamelessness due to the third party’s lack of insurance provides no exemption.
If caught, the offences include fines starting at £300, six licence penalty points and possible car seizure. Refusing insurance payouts is also common.
Yes. Policies must provide continuous coverage, even if the car is parked for long periods of time. A statutory off-road notification (SORN) is required to avoid paying insurance and road tax, but the vehicle must be kept on private land.
