What happens if you hit an uninsured driver

arcon5

These no win no fee lawyers are renowned for cherry picking work. Afterall why would they take on a case that required more work than the average case when for each complex case comes ten sore necks.

Tigger_looks_bigger

Just had a good laugh at the idea of a lawyer turning down work on moral grounds!!!

You are right in the cherry picking cases though. 50% +chance of winning and they'd take it but less than that and no chance. Also if it was going to be complex they wouldn't take it as you can only recover a set amount per case for costs regardless of whether it takes 5 hrs of work or 50. When the margins are slim anyway it doesn't make business sense to take on those cases.

Meaning people who really should be represented but have complicated cases and can't afford the upfront payments needed to hire a laywer lose out. It's the way the system is set up at the moment and unfortunately it encourages this cherry picking. It's part of the reason I stopped working there.

But the fact a solicitor turned down this type of case is relevant to the question. If no one is willing to take the uninsured drivers case on he won't get anywhere. It's unlikely he'd be willing to represent himself as most people aren't considering the risk of having to pay the other sides costs.

George_Michael

Car_54 wrote: »

Driving without insurance is an offence under section 143 of the Road Traffic Act 1988.

If that is not a criminal matter, what do you suggest it is?

If the driver of an uninsured vehicle was:

using the vehicle in the course of his employment, and

that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

Then no, the driver was not committing an offence, criminal or otherwise.
http://www.legislation.gov.uk/ukpga/1988/52/section/143
I doubt if it happens very often hence the reason for my earlier post stating that it wasn't 100% guaranteed to be a criminal offence.

AdrianC

George_Michael wrote: »

If the driver of an uninsured vehicle was:

Then no, the driver was not committing an offence, criminal or otherwise.
http://www.legislation.gov.uk/ukpga/1988/52/section/143
I doubt if it happens very often hence the reason for my earlier post stating that it wasn't 100% guaranteed to be a criminal offence.

It's still a criminal offence. The driver just wouldn't be guilty of it in those (limited) circumstances.

facade

He just claims off the at fault driver's insurance direct.
If they won't play ball, I'd have thought small claims route would be cheapest, against the at fault driver for the repair costs, then his insurance would pick up the bill anyway, or more likely, fold before it got there.

If there is a mahosive personal injury claim I'd have thought the ambulance chasers would take it, they get a percentage of the payout don't they?

Car_54

George_Michael wrote: »

If the driver of an uninsured vehicle was:

Then no, the driver was not committing an offence, criminal or otherwise.
http://www.legislation.gov.uk/ukpga/1988/52/section/143
I doubt if it happens very often hence the reason for my earlier post stating that it wasn't 100% guaranteed to be a criminal offence.

The driver isn't committing an offence in those circs, but his employer is. Section 143(1(a)) - causing or permitting.

Fat_Walt

George_Michael wrote: »

If the driver of an uninsured vehicle was:

Then no, the driver was not committing an offence, criminal or otherwise.
http://www.legislation.gov.uk/ukpga/1988/52/section/143
I doubt if it happens very often hence the reason for my earlier post stating that it wasn't 100% guaranteed to be a criminal offence.

It's 100% guarentee to be an offence.

This covers it.

Car_54 wrote: »

The driver isn't committing an offence in those circs, but his employer is. Section 143(1(a)) - causing or permitting.

It may not be the driver but his employer commits the offence.

Aretnap

Fat_Walt wrote: »

However, if someone were to run into an uninsured vehicle and die. The uninsured driver could be sent to prison for causing the death as he shouldn't have been there.

The Supreme Court says he couldn't. There must be an element of bad driving on the uninsured driver's fault over and above being uninsured for him to be convicted of causing death by driving without insurance. R v Hughes, 2013 is the key case.

https://www.supremecourt.uk/decided-cases/docs/UKSC_2011_0240_Judgment.pdf