What happens if an uninsured driver hits you
Being hit by an insured driver can leave you anxious, frustrated, and financially burdened. Here’s what happens when an uninsured driver hits you and how to make a claim, so you can confidently start the process of emotional and practical recovery fast.
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In short You can claim against an uninsured or hit-and-run driver under the following conditions:
Must know Always report an accident to the police immediately, whether it involves an uninsured driver or not, and collect all the evidence you can at the scene. |
What should I do if I’m hit by an uninsured driver?
Estimates put the average number of uninsured vehicles on UK roads at 300,000 daily, totalling over 1 million annually.1 But if you have an accident, you might not realise the other driver is uninsured at first.
Here’s what to do if you’re hit by another driver:
- Your first step is to ask for the other party’s name and address, which they should provide under UK law. You should also make a note or take a photograph of their car’s number plate, make, model and colour, plus any damage or injuries and the overall scene. Get the details of witnesses as well, and ring on doors with video doorbells to see if they have footage of the accident.
- It’s always best to report even minor vehicle collisions to the police, because you’ll get a record of the incident to pass to your insurer. If the other driver refuses to hand over their insurance details, it is a red flag that they may not be insured. Under the law, they must report the accident to the police within 24 hours.
- As soon as possible, tell your insurer about the accident from your perspective, including damage to the car and any injuries. You should contact them even if you aren’t making a claim. If you are claiming under comprehensive insurance, you can claim for your own repairs. Your insurer will also investigate the other driver on your behalf.
- If you have third-party, fire and theft (TPFT), or third-party only (TPO) insurance policies, rather than comprehensive insurance, and the other driver is uninsured or untraceable (hit-and-run), you can inform the Motor Insurers’ Bureau (MIB) – a central back-up fund independent of the insurance sector, used to help victims of uninsured or untraceable drivers.
- The MIB can help with the claims process and investigate the other driver. You will need a police report and other evidence, such as witness statements and medical records, to support your claim.
- Determining what happened and receiving compensation can be faster via an insurer than the MIB. A typical MIB claim can take 3-6 months,1 whereas insurers can process claims within 1-2 months or less. Waiting for medical or police reports can delay either process.
- You can appeal if the MIB decides not to award you compensation.
How do I find out if a driver is insured?
If you have a comprehensive policy, your insurer will find out if the driver was insured. You can ask your insurer to investigate for you using the independent Motor Insurance Database (MID), which holds records of every insured vehicle in the UK.
The MIB manages the MID, working with the DVLA, police, insurance companies, and solicitors to identify, investigate and reduce uninsured driving.
You can search MID independently using the other driver’s vehicle registration and learn for yourself whether someone is insured or not. That’s why it’s important to note their number plate and the vehicle’s details.
Can you claim on your insurance if hit by an uninsured driver?
You can claim on your car insurance if you have a comprehensive policy. However, claims can become complicated if an uninsured driver hits you because your insurance provider won’t be able to recover the cost from another insurer.
Insurers can’t cover you if you have a TPFT or TPO policy. But all is not lost. You can typically claim compensation through the Motor Insurers’ Bureau (MIB) if you have evidence, such as a police report, witness statements and proof of loss.
Will I lose my no-claims discount (NCD) if an uninsured driver hits me?
Whether you lose your NCD depends on your insurer. At RIAS, we don’t believe you should be out of pocket when an uninsured driver hits you and it wasn’t your fault. That’s why we provide an Uninsured Driver Promise on our highly rated comprehensive cover. It protects your NCD and reimburses your excess if an uninsured driver hits you. We will also handle the claim for you.
What happens to uninsured drivers in an accident?
It’s against the law to drive a car or ride a motorbike without insurance.2 You need third-party cover as a minimum. So, the penalties for uninsured drivers involved in an accident are severe.
The police will use the MID to catch drivers without insurance and hit-and-run drivers. When caught, the driver can face up to six penalty points on their licence, an unlimited fine and disqualification. The police can even seize and destroy their vehicle if they are driving it without appropriate insurance cover. Imprisonment is also a risk for drivers who fled the scene.
An uninsured driver who causes an accident is responsible for paying compensation if they have injured you or damaged your property.
How to report a suspected uninsured driver
Section 170 Road Traffic Act (1988)3 clearly states that you should report any car accident to the police if it causes damage to property or injury to people or animals – namely dogs, horses, cattle, sheep, pigs and similar. The section also requires them to give their details promptly after an accident.
You should notify your insurer promptly as well, even if the other driver has fled the accident.
You should call 999 if anyone is hurt or needs attention after a hit-and-run or other accident involving a driver with or without insurance. You can dial 101 for non-emergencies (or pop into your local police station) if there are no injuries.