Despite the fact that insurance regulations are extremely frequent in the United States, certain jurisdictions provide drivers with options. The maintenance of a bond or a certificate of deposit of money or securities in an amount defined by the state is a common insurance alternative. Because most laws refer to a driver’s “financial responsibility,” these alternatives might sometimes meet that criterion.
After a car accident, you do have options if you live in a state that offers certain types of health insurance. You can proceed to file your claim against the insured motorist without fear of being denied because you are uninsured. However, it should be noted that an insurer would use agents and attorneys to negotiate and, if necessary, litigate the matter in order to get a fair settlement. If you are uninsured, employing an attorney to do these tasks on your behalf would be beneficial.
If they’re at fault
We’ll handle your claim if we can’t find the individual who caused the accident or if it’s proven that you caused the accident, but you won’t be able to claim for damages caused by an uninsured motorist.
If you’re at fault
If you cause an accident and have a comprehensive Car Insurance coverage, both your automobile and the uninsured driver’s car will be repaired at no cost to you.
If you only have third-party insurance, you’ll be responsible for any repairs to your own vehicle, but the vehicle of the uninsured motorist will be covered.
If the other driver is proven to be without insurance, they may face fines and possibly have their vehicle seized and destroyed.
If who is at fault is disputed
If the party at fault cannot be determined, you should contact the police as soon as possible. To back up your story, you should obtain many witness accounts.
Because it’s impossible to prove culpability without a police report, you’ll need to file one to ensure your claim isn’t denied by your insurer.
Are you insured if hit by an uninsured driver?
Though the collision is your fault, even if the other person is uninsured, you will be accountable for their repair costs.
Basic third-party insurance should cover this, but repairs to your automobile will only be covered with comprehensive insurance.
There will be no car to fix if the uninsured driver is convicted and their car is seized or smashed. However, your insurance may be required to pay their injury compensation.
Can I claim against an uninsured driver?
All motorists who use their vehicles on UK roads must have legal insurance, according to the law. This legal obligation means that if a road traffic collision occurs, an insurance company must be present to pay for any damage or loss caused by the policyholder.
However, one out of every 38 automobiles in the UK was expected to be driven without insurance in 2016. So, what if you’re hurt in a car accident and the other driver isn’t covered by insurance? Is it still possible to file a claim for compensation?
In theory, the law permits you to seek compensation directly from the other motorist if they were at fault. Compensation claims, on the other hand, can often involve substantial quantities of money – especially if serious injuries have occurred. Bringing a compensation claim against an individual is frequently unrealistic because most people do not have that type of money on hand.
Fortunately, you can file a claim with the Motor Insurers’ Bureau if you were involved in a car accident with an uninsured driver that was not your fault.
The MIB is a non-profit organization set up and sponsored by motor insurers to handle claims that aren’t directed to a recognised insurer. This applies to circumstances in which:
The MIB and the UK government have reached an agreement to compensate victims of such accusations.
This may lead you to believe that the other motorist ‘gets away with it.’ After all, if the MIB compensates you and the other driver is uninsured, the financial impact on that driver will not even be enough to raise premiums. This isn’t the case at all. The MIB may pursue the uninsured driver for reimbursement of their expenses. Even if they don’t, the MIB maintains a database of uninsured automobiles for whatever reason. They share this information with law enforcement, assisting in the prosecution of uninsured drivers and the removal of uninsured vehicles from the road.
You do not need to hire a solicitor to file a claim with the MIB. Claims, on the other hand, might be just as intricate as ‘normal’ personal injury claims.
As a result, you need hire a qualified counsel to represent you. With their knowledge and expertise, our skilled team of solicitors can guide you through your claim. We have successfully handled a number of uninsured driver compensation cases, all of which were handled under a No Win, No Fee agreement.
You can always change your solicitors if you already have another firm representing you and they are not giving you with the service you deserve. If you are unsure of your legal representation’ ability, transferring your case to Truth Legal will ensure that you have experienced personal injury solicitors working on your case.
Personal injury claims against the MIB are very similar to other types of personal injury cases. The law remains the same: you must show that the uninsured motorist owed you a duty of care, that they failed to meet the duty’s requirements, and that this resulted in your injuries.
Just because the MIB is engaged does not mean they will automatically accept that the uninsured driver was at fault. They will undertake their own investigations and will contest your compensation claim if the MIB does not believe the uninsured driver is to blame for the collision.
Truth Legal’s specialized representation can make all the difference in this situation. We will vigorously defend your case and do everything possible to obtain the money you deserve.
You can still make a claim for other losses besides your injuries, just like you do with other personal injury claims. Here are a few of the most typical types of losses:
An MIB claim differs from a personal injury claim against an insurance provider in a few ways.
- Reporting the accident to the police Although it is not essential for an uninsured driver claim, it is a good idea to do so. If the other driver refuses to disclose their insurance information, this is also a criminal offense that should be reported to the authorities.
- Establishing that the other motorist is uninsured – Truth Legal can assist with this by looking up the vehicle’s registration in insurance databases. Investigations will be carried out by the MIB as well.
As your claim progresses, your insurance information or the name of a responsible insurance company may be uncovered. If this occurs, your claim will be forwarded to the appropriate insurance company, and your claim against the MIB will be terminated.
All personal injury claims are subject to legal time constraints. These rules also apply to claims submitted to the MIB. If you have been harmed in an accident caused by an uninsured driver, you must file a claim within three years of the date of the accident. If you don’t, it’s likely that you won’t be able to file a claim for compensation.
No Win, No Fee Agreements frequently mean that if your claim is unsuccessful, you won’t have to worry about paying our fees, albeit there will almost certainly be a deduction from your compensation to cover legal fees. This includes cases in which the MIB denies your claim.
If the accident was not your fault, Truth Legal will usually handle your case on a No Win, No Fee basis.
If we are successful in obtaining compensation for you, a portion of your compensation amount as well as the MIB will cover our fees. This is how most No Win, No Fee arrangements work.
If you have any questions about how your claim will be supported, we will be happy to answer them. Before we begin acting for you, we will always give you with complete fee information.
We’ve also joined with CrowdJustice, a premier crowdfunding platform dedicated to assisting clients in obtaining financing for their legal cases. Learn more about Crowdfunding in the Legal Field.
We also provide complimentary introductory consultations. These provide you with the opportunity to communicate with us about your case without incurring any expense or commitment to continue.
Does Direct Line cover uninsured driver?
With Direct Line Comprehensive Car Insurance, you’ll also benefit from our ‘Uninsured Driver Promise,’ which means you won’t have to pay any excess if you claim for an accident that wasn’t your fault and the driver of the car that hit you wasn’t insured (or if you do, it will be refunded as soon as ‘no fault’ is declared).
What is the Uninsured Drivers Agreement?
MIB’s responsibility under this agreement is to offer a safety net for innocent victims of uninsured drivers who have been identified. MIB’s funding for this purpose come from levies imposed on insurers and, as a result, from premiums charged to members of the public by those insurers.
What is an Article 75 insurer?
Article 75 Insurer is defined as “the Member who was providing any insurance (other than by reason of a driving other vehicle provision) in respect of the vehicle from which the judgment debtor’s liability originated at the time of the occurrence that gave rise to a Road Traffic Act Liability.”
What is an MIB claim?
When it comes to filing a claim for vehicle insurance, MIB can help. We no longer accept paper claim forms for claims against the untraced drivers agreement and the uninsured drivers agreement because you may submit all of your claims electronically.
Does Direct Line protect no claims?
This protects you if your car is stolen, damaged by accident, or destroyed by fire. You’re also protected from claims made against you by others for property damage or bodily injury.
Our Comprehensive cover at a glance
Unlike some other insurers, you can make a claim and keep your No Claim Discount if the damage is caused by potholes or poor road maintenance, theft from or of your car, being hit while parked, flood damage, being hit or being hit by an animal, or being hit or being hit by an object or debris (excluding vehicles).
You won’t lose your No Claim Discount if you file a claim for vandalism damage to your automobile.
The police must be notified of the event, and a crime reference number established. When filing a claim, you must also pay the excess. Another car could not have caused the damage.
If your car is written off due to an accident, vandalism, fire, or flood, you can choose between a similar replacement car, a cash compensation, or paying the difference for an upgrade.
A £3,500 minimum car purchase is required. It’s probable that an exact match won’t be attainable, and it’ll depend on availability. Theft claims are not included.
Medical expenditures for each individual wounded in a collision, assuming no other automobile insurance policy provides coverage.
We’ll safeguard your claims-free years and cover your excess if you’re in an accident with an uninsured driver who isn’t your fault. To file a claim, gather the other vehicle’s registration number, make and model, and the other driver’s information (if feasible).
Any loss or damage to clothing and personal possessions in the case of a fire, theft, or accident is covered up to £250.
For fitted in-car audio, TV, telephone, or navigation systems, you’ll get unlimited coverage, or up to £1,000 for non-standard equipment.
One of our licensed repairers will take care of it. There is a £10 excess (if repairing) or £75 excess (if replacing) (if replacing).
Unless you sell your car, we’ll guarantee repairs done by our approved repairers for five years.
We’ll get you a small hatchback to keep while your car is being repaired by one of our licensed repairers. You can also rent a hire automobile for up to 21 days if you want to use your own garage or if your car has been written off or stolen.
Comprehensive Coverage is included. Windscreen claims and customer-delayed claims are not included.
You’ll be protected for any later claims made against you if you cause an accident that damages someone else’s automobile, property, or injures someone.
Our emergency helpline is always open if you’ve been in an accident and need assistance.
If your car is stolen or destroyed as a result of an attempted theft, as well as any damage caused by a fire, lightning, or explosion, you’ll be covered financially.
Should either of you be wounded or killed in a car accident, we’ll cover you and your spouse or partner up to £5,000 in insurance.
If your car can’t be driven after an accident and you need to stay in a hotel, we’ll reimburse you up to £150 (or £250 total if you have other passengers).
Even if there is no visible damage, the cost of replacing your child’s car seat in the event of an accident, fire, or theft, as long as they are involved in a valid claim.
We won’t charge you more if you need to make changes to your policy during the year.
How do I know if someone made a claim against me?
Making a claim against your own auto insurance policy is one thing, but what happens if another driver decides to file a claim against you – and your insurance policy?
We’ve described the essential aspects you should be aware of when an insurance claim is filed against you because knowing what happens when an insurance claim is made against you is beneficial.
It’s vital to ensure that everyone at the site of an accident is safe before contemplating insurance issues. Call the cops and/or an ambulance if necessary.
Following that, you should exchange contact and vehicle registration information with the driver(s) of the other vehicle involved (s).
Third party claim against your insurance: when it was your fault
The other driver(s) may elect to file a third-party claim against your insurance after an accident. This suggests they believe it was your fault, not theirs, that caused the crash.
If you accept that the incident was your fault, your insurer will take care of the rest; you won’t have to do anything further.
Your insurer will then discuss the occurrence with third-party representatives, such as solicitors and insurance agents, obtain relevant documentation from these parties, and verify that their versions of events are consistent.
When your insurer receives the bill, if everything is in order, the insurance claim against you will be paid.
Car insurance claims against me: What if I believe it wasn’t my fault?
A “liability disagreement” will arise if the opposing party(s) claim that an accident was your fault, but you disagree.
After that, a decision on liability will be made. There may be a liability split in some instances, such as when your insurer pays 70% and the other party pays 30%.
Claims without knowing insurance details
Without your insurance information, it is difficult, but not impossible, for someone to file a claim against your auto insurance.
The parties involved in any collision should have exchanged pertinent insurance information.
However, a vehicle’s registered keeper’s information can be obtained simply by looking at the license plate (via a Subject Access Request from the DVLA). Without a policy number, you might then contact the third-insurance party’s carrier.
You can also find out the details of the registered keeper without knowing which insurance company the other driver has by having the police seek out this information and contact them on your behalf. Which is crucial to know in case you are ever the victim of a ‘hit and run.’
Fraudulent and genuine claims
There are two instances in which you can find yourself with an insurance claim that you weren’t expecting:
- Genuine Claims – Following an accident, a third-party driver may initially state that they do not intend to file a claim, but then change their mind. They might also try to make a claim even if you weren’t at fault (in your perspective).
- Fraudulent insurance claims – You could be the victim of a bogus insurance claim.
If a third party tries to file a claim on your insurance when you weren’t at fault, or even when an accident hasn’t happened, you’ll be aware of it.
Before deciding on a claim, insurance providers will analyze who was at fault in the event of an accident. This usually always implies that your insurance company will contact you for more information about the reported accident.
Do I pay an excess if someone claims against me?
No. You would only be responsible for your auto insurance excess if you made a claim on your own policy. This is true for both voluntary and mandatory excess funds.
Someone filed a claim against my insurance: What will happen to my No Claims Bonus?
Your No Claims Bonus will be damaged if someone files a claim against your insurance and you are found to be “at fault.” You may not, however, forfeit the entire bonus: For example, if you had three years of No Claims Bonus, you could lose one year, leaving you with two years.
Your No Claims Bonus will not be affected if you are found not to be at fault.
What if I have No Claims Bonus Protection?
Your bonus will be protected if you have No Claims Bonus Protection. While you’ll get the same discount as before, your insurer may opt to raise your premium because it’s based on the number of claims you’ve made and the number of years you’ve gone without one. In such circumstances,
Is it worth me having No Claims Bonus Protection?
There are no claims made. In some cases, the extra protection may be worth the money. The extra payments for bonus protection, on the other hand, might build up year after year, leaving you out of money in the long run.
Are Churchill and Direct Line the same?
Churchill Insurance, situated in Bromley, London, is a British insurance firm. The company, which began as one of the country’s first direct to customer car insurance companies in 1989, has now expanded to include a variety of general insurance products. Churchill has been a member of the Direct Line Group since February 2012, and its insurance are underwritten by the parent company, United Kingdom Insurance Limited.
Churchill is known for its advertisement, which includes a talking, nodding dog.