Hit by an uninsured driver

[Cheeky Monkey]

Happened to me today (£500-1000 damage) and it seems like a lose/lose scenario. He offered to pay for the damage if I didn't report it (which I did). He admitted it was entirely his fault, saying his foot slipped on the pedal. My options now seem to be either:

a) Take him to court, which will take up to six months and doubtlessly cost a packet.

b) Claim on my insurance, have to pay the excess and lose my no claims through no fault of my own.

Less than impressed with the police, who seemed to be more interested in getting him for no insurance than the situation I have been left with.

Anyone else been through anything similar?

 

[Uncle Spielberg]

his fine for driving without insurance is likely to be less than the insurance would have cost him

 

[crasher]

I have an idea the insurance companies run some sort of emergency pool to pay out to people like you who have been hit by someone uninsured.

So I reckon you might be able to get compensation anyway. Although you might have to wait until any court case has finished.

Sorry to hear of the accident by the way.

 

[Franks Wild Years]

Could you do a small claims court thing on him ? It doesnt cost much and you can do it on line.

 

[rrruss]

Citizen's Advice Bureau have a page about Small Claims.

The MIB which was set up to deal with losses from uninsured drivers is unlikely to help you for a small claim. It is really aimed at cases where injuries were sustained. It took my brother 7 years to get through his claims battle, and he was left in a wheelchair with lots of other problems.

Russ

 

[Clothes Peg]

I would have taken the money. Only because I'm too lazy to go through the courts. I feel genuinely sorry for you ending up in this situation through no fault of your own.

I know of people who drove around uninsured in old bangers after passing their test because they couldn't afford the insurance. The fine is minimal compared to the hundreds (and sometimes thousands) of pounds in insurance that young drivers have to pay.

 

[Cheeky Monkey]

Thanks for the advice/sympathy guys.

US - yeah exactly!

crasher - I have heard of the pool, but would still require me claiming on my insurance (obviously I guess!) and losing no claims/paying the excess I believe.

Frank - yeah small claims might be an option.

The police did recommend the MIB rruss, although doesn't sound hopeful from what you say. Sorry to hear about your brother.

 

[tedebear]

Surely taking him to court shouldn't cost you anything if you are proved in the right? (Except a pain in the arse and a long time)

 

[Cheeky Monkey]

I would have taken the money. Only because I'm too lazy to go through the courts. I feel genuinely sorry for you ending up in this situation through no fault of your own.

Cheers. I feel the same, although I doubt that there would have been any money to be honest! And he could just deny it had I not reported it.

 

[Cheeky Monkey]

Surely taking him to court shouldn't cost you anything if you are proved in the right? (Except a pain in the arse and a long time)

Yeah I guess so tedebear. Looks like the only available avenue tbh.

 

[tedebear]

Yeah I guess so tedebear. Looks like the only available avenue tbh.

Just seems so unfair to lose your no claims as its not your fault! What action do the police take against him?

 

[Clothes Peg]

Cheers. I feel the same, although I doubt that there would have been any money to be honest! And he could just deny it had I not reported it.

Even if you do go through the courts, there may not be a guarantee that he'll pay up. The dodgy types tend to evade payment.
If the court deems the individual too poor to pay, then you might not even get a penny even if you should.

 

[Skint Gull]

If you are entitled to claim on the MIB you will not lose your NCD. also if you are insured with Direct Line you won't lose it anyway

 

[British Bulldog]

It happened to me last year but luckily the kiddie paid up in the end but only after i'd paid the excess which i've never been able to claim back. You can take him to a claim court for compensation and you'll win, but if has'nt got the money you wont end up with a penny.
my only suggestion is to get your no claims bonus insured in case it happens again in the future.

 

[beorhthelm]

screw him all the way. too many people get away with it because others reckon it takes too long, costs too much. Small claims him and even if he doesnt pay, chase it up, CCJs etc, dont let up. He took a choice to drive uninsured, make him regret it. seems it was a small knock, but remember he could have cost you thoasands of pounds of damage or seriously injured you. take it very personally and see that he doesnt get away with it.

nail them up i say.

 

[Gully]

I know it isn't much consolation, but at least the twat should be off the road for a while...unless of course he does the same thing again, I hope what remains of his car is recycled.

 

[Cheshire Cat]

My (parked) car (and about 5 others) was hit by a taxi going down the road where we used to live. A neighbour stopped the taxi and took his details as it was about 3.00 am. The driver offered to pay for the damages if we didn't claim on the insurance. I didn't ask why and took the cash - about £500 for the bodywork repairs as it would have been too much time and trouble to go through the claims. It must have cost him over a grand in total given the number of cars involved, but since we had his registration number and taxi plate number we would have reported him to the licencing authorities and the police otherwise, and claimed on his (alleged) insurance policy. It was also cheaper to do it this way as it avoided all the aggro with no claims and approved repair garages. I don't think you necessarily have to tell insurers about accidents if you don't wish to claim but that would depend on the small print of your policy.

 

[Yorkie]

If you are entitled to claim on the MIB you will not lose your NCD. also if you are insured with Direct Line you won't lose it anyway

True. Don't you have protected no claims? We're with Churchill and don't lose it.

 

[cjd]

Citizen's Advice Bureau have a page about Small Claims.

The MIB which was set up to deal with losses from uninsured drivers is unlikely to help you for a small claim. It is really aimed at cases where injuries were sustained. It took my brother 7 years to get through his claims battle, and he was left in a wheelchair with lots of other problems.

Russ

Have just read your post, so sorry to hear about your brother.......just makes me realise how devastating the result of an accident can be.
Makes the money side of repairs seem incidental in comparison.

 

[severnside gull]

one of my students got done recently for driving whilst uninsured - he lost his car (£400) and got fined (£120!!!) and points on his licence - so a total cost of £500 plus the cost of a new car - less than a grand in total. His insurance quote third party was £2700. Little wonder there are so many uninsured drivers on the road really