Driven to complain
Published: 04:35PM BST 20 Oct 2011
With the latest government figures putting the number of uninsured drivers under 30 at 900,000, and an estimated 1 in every 20 drivers being uninsured - you could be forgiven for thinking that motor insurance is an optional extra, like ABS brakes.
In some cases, failure to insure may be due to human error, such as not realising a policy has lapsed. In others, people are actively making the decision not to pay because of the squeeze on their finances. Others again simply don't bother. Increasingly, this means that when an accident happens you may be faced by someone who is not insured and who may lie about their insurance status, or who simply flees the scene without exchanging details.
Whatever the reason, for the law-abiding driver, the non-payers are adding around £30 to your annual policy to fund compensation and injury payments. And, with insurance premiums having risen by another 25-30% this year, there is no end to this pain in sight.
Should you have to make a claim, you may find that you lose your no claims bonus if your insurance company cannot recover their costs. Given that they only pursue the recovery of their outlay in a fairly small percentage of cases for cost reasons, the likelihood is high that they won't. In subsequent years, you may also find that as well as your annual increase, the cost of your policy increases further due to their perception of you being at increased risk of a second accident.
If you incur any uninsured losses and/or suffer a personal injury at the hands of an uninsured or untraced driver, you can submit a claim to the Motor Insurers Bureau (MIB). Considered a fund of last resort, the MIB was set up to manage a central fund which can be used to compensate the victims of uninsured and unidentified drivers. Each motor insurer in England and Wales pays a proportion of your annual premium into the fund which the MIB then use to pay out on claims made. However, what the MIB will pay out for depends on the type of claim and there are strict time limits within which you must lodge your claim.
Information is power
The most important element in any motor claim is accurate information.
1. Take pictures of your car and any damage.
2. Take pictures of the position of the cars following the accident: the point of collision, surrounding cars, etc.
3. Take a picture of the other driver's car, making sure you capture the make, model, colour and number plate. If possible, get a picture of the driver too.
4. Ask to see ID - the other driver's licence, photo ID, anything that will prove they are who they say there are.
5. If you have any concerns about the validity of the driver's details, try to do your own checks. For instance, you can do a 192.com search to see if the name and address you have been given is accurate.
6. Inform the police. Often, if there have been no injuries, the police will not want to get involved, but tell them you are unsure about the information given to you by the driver and insist on a crime number. It is an offence to give out false details.
7. Inform your insurance company as soon as possible and provide them with all the information you have. It shows that you have made every attempt to identify the driver and reduces the basis on which they might refuse your claim.
Should you find yourself in the position of needing to make a claim against the MIB, an initial conversation with us will provide unbiased advice about whether you have a case worth pursuing. We'll be honest about your chances of success and help you negotiate the complexities of taking action. We can work with you on a no win, no fee basis or discuss other funding arrangements as required.
For more information, please call our legal helpline on 03700 868686.
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