Uninsured Driver Problem

Schedule

I got hit by an uninsured driver. I had not protected my no claims bonus so couldn't get the car repaired by the insurance company without impacting my no claims bonus.

The uninsured driver has since been taken to court by police for driving without insurance and fined £625 and banned from driving. I have the uninsured driver's name and address, is there any sort of court claim I can make against him for the cost of the repair of my car (estimated at £800)? My insurance company says there is nothing I can do. Can I make a claim in the small claims court?

What really annoys me is that why did the court manage to get £625 out of him in fines yet I, the damaged party, got nothing! That £625 could've paid for most of the damage.

Quentin

If you are sure the guilty party has the funds to pay you if you win, and are sure the third party will be found fully liable, then you can use MCOL to sue for the money.

Otherwise consider using the MIB uninsured driver scheme.

(The court case that has convicted the driver for driving without insurance won't help your case as far as establishing liability is concerned).

Schedule

Wow, thanks for such a quick response. I am very confident that the third party would be found fully liable, I took lots of pictures from the scene (the reason the accident happened was because he had no side view mirror and was taking a chance by pulling out and not looking).

Whether he has the funds is another question, he was an 18 year old student so I suspect £800 might not be so easy for him to come by.

Thanks anyway.

vax2002

MIB is you answer...

Quentin

A court case may not be the answer if you are dealing with a student. The claimant pays all the court costs, which get added to the amount you are claiming off the defendant when you win your case.

So unless the defendant has the funds to pay you, then you could end up sending good money after bad even though you win your case.

Try MIB uninsured drivers scheme. It takes time, but there is no excess to pay.

Schedule

Regarding MIB, can I still claim even though I have fully comprehensive insurance (albeit without NCB protected). The only reason I am not claiming against my insurance is i don't want my premium to go up. Would MIB still be willing to pay?

Quentin

Schedule wrote: »

Regarding MIB, can I still claim even though I have fully comprehensive insurance (albeit without NCB protected). The only reason I am not claiming against my insurance is i don't want my premium to go up. Would MIB still be willing to pay?

Yes.

(You probably cannot avoid a premium loading over this, and in any case need to report the incident to your insurer "for information only")

vaio

As he was convicted obviously there was no insurance in force that covered the driver but if there was any policy in force on the car at the time of the accident then the small claims route might be worth as the provider of the policy will be liable if you can get judgement against the driver.

Whether that would be better/quicker then the MIB I don't know but might be worth an investigate

InsideInsurance

Quentin wrote: »

Yes.

When did this change? If you had comp insurance you didnt used to be able to claim for vehicle damage. The MIB site still says you must submit your insurance policy documents for any policy that may cover you for the losses sustained.

Quentin

InsideInsurance wrote: »

When did this change?....

Do you really want to know? (I don't know.)


Maybe this question would be better put to the MIB!


(They definitely will deal with your claim irrespective of whether or not you have comprehensive cover in place.)

StuieUK34

Just to note:
The chap new it was cheaper to get taken to court than pay for car insurance (as some young drivers do....)
The court fine him £625, and then say "how do you wish to pay?"
Student says 'I got no job, so can i pay £5 per month'
Court says "yeah, not a problem"

So do your thing to pursue, just try and do it without spending too much money, as you will go down a road with no returns.....