Hit by uninsured driver - recovering excess

Squirrel29

I was recently hit by an uninsured driver. I am fully comp with legal protection. My insurance company have put the accident down as no fault on my part and my car is currently undergoing repairs. I have also reported the other driver to the police last week.

However I understand that I have to pay my excess which I won't be able to recover, that is £150. I am gutted about this as it seems so unfair when I skint myself to pay to insure my car.

Can I take the other driver to the small claims court through the online court service? I know he works so it could be done as attachment to earnings. Will there be a problem with this if my insurance chose to take him to court or will they claim back through the MIB scheme. I have looked on MIB web site and I can't claim for excess.

Quentin

You can certainly claim directly off the third party.

He may pay up without you having to go to court.

If he has the funds, then liase with your insurers about claiming the cost of the repairs directly from him, and if you are succesful you should not only get your excess back, but your ncb reinstatedn as well.

Oscar_The_Grouch

Hi there

Did your motor policy come with Legal Protection? If so, you should be able to get them to claim direct of the other person. You may also have legal cover with your home insurance or (if you are a member) via a union.

Squirrel29

Hi there, yes have motor insurance protection and also member of Unison so could look at that. Thanks