Driving with no car insurance

[karensmith16]

I was involved in a road traffic accident that was not my fault where the other driver has no insurance. What are my options regarding claiming for whiplash etc. There was no damage to his car and minimal to mine. Thanks

[slimjim]

The same happened to my wife a year ago. The MIB exists for this; they pay out money to insured drivers involved in no-fault accident with uninsured drivers. Your insurers should appoint a legal representative for you who will put your case to the MIB. It will take ages but you should get something out of it if a doctor confirms that you suffered as a result of it. Also, keep checking with the police to ensure that they are pursuing a conviction for the guilty party.

[karensmith16]

so is it down to me to contact the police and tell them he had no insurance at the time of driving?

[BenDToy]

You ask for options, and I think the obvious one is to make a claim on your own insurance. That should be the first step. You should have already notified them of the accident anyway!! ;o)

[JB]

You can make a claim from the MIB if the driver is uninsured/untraced, but your claim will have a �300 excess, and it will take time. Speak to your insurers and check whether they provide uninsured loss recovery - if so, they'll either act on your behalf or appoint a solicitor to do it for you.

[Kev_UK]

Karen, you MUST tell the police if you knowingly know the driver is uninsured, he is a liabilty to other people, and you are technicaly aiding and abetting this person to drive with no insurance, which is treated the same as driving with no insurance yourself. Many insurance policies have a "legal protection" included or available as a "add on" to a policy to cover against uninsured drivers.

[JB]

Karen - following on from Kev's post, don't worry. The charge of aiding and abetting wouldn't apply in these circumstances - you have had no involvement in their choice/decision/ability to drive.

[smudge]

I agree with Kev, I wouldn't hesitate in reporting them to the police. Why should people get away with driving without an MOT, tax or insurance. These people should NOT be on the road in the first place!

[Kev_UK]

Karen, when I said technically aiding and abetting I was referring to the fact that you know or knew someone was commiting an offence but not declaring it (a bit like witholding evidence in a way). I got done many years ago as someone had borrowed my motorcycle and didnt have insurance.. as far as I was aware he had insurance as he had a bike himself. If your mum, dad, brother, sister or best friend drive your car it is your responsability to check they have insurance and a driving licennce.. but how many people would ask them as it would seem like you don't trust them.