Unfortunately many people discover after they have been involved in a road traffic accident that for some reason their insurance is invalid, so what can be done?

The Motor Insurers Bureau

The MIB as it is usually known is the organisation that pays the victims of uninsured motorists so whatever happens, if it turns out that you were not insured and were to blame, the person who was injured or whose property was damaged should not be adversely affected by your lack of insurance (unless he or she is also uninsured).

The MIB is primarily funded by a percentage of the motor insurance we all pay.

However, once they have settled the claim(s) made against you, they will look to recover from you all the expenditure they have paid out. They may however agree to payment by installments.

If the vehicle was insured..

..but you were not covered to drive it, then the insurers of the vehicle will have to make payment in the same way as the MIB and similarly will look to you to repay their expenditure.

What if the accident was not your fault?

If the other driver was to blame, then the fact that you turned out to be uninsured is irrelevant to your claim and you can recover your losses just as you would if the insurance had been valid. The only exception is if the other driver is also uninsured.

If you were partially to blame

..then you can recover your percentage of damages but they may well be swallowed up by the amount payable to the other party.

For example, where there has been a head-on collision with no witnesses or other information to available to prove who was to blame, the matter may be settled on a 50/50 basis.

If your claim is worth £3000.00, your 50% would be worth £1500.00 but if the other driver’s claim was worth £2000.00, he would be entitled to £1000.00 plus legal costs at say £1500.00 with the result that you would owe £2500.00, £1500.00 of which would be recouped immediately from the monies otherwise payable to you, leaving a balance of £1000.00 still payable from your own resources.

Do not ignore correspondence

Insurers and personal injury lawyers have access to the Motor Insurers Database so it will soon be discovered if you have no insurance or if your insurance is defective. By co-operating with the Motor Insurer’s Bureau or the actual insurers of the vehicle, this should keep costs to a minimum. Send any letters you receive form solicitors or insurers without delay to the MIB or the insurers involved and provide as much information as possible. If you do not, they may have no option but to pay the claim against you in full even if in fact you not wholly at fault.

THIS ARTICLE IS NOT INTENDED TO COVER ANY MATTER RELATING TO POLICE PROSECUTION ARISING OUT OF A LACK OF INSURANCE

Chris Lodge
Kaslers Solicitors
If you need After Accident Assistance following a Road Accident in the UK, we can help – <a href=”mailto:cml@kaslers.co.uk?subject=”Ref: Kevin Arrow”>Email direct with as much info as you can by clicking here</a>

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