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Uninsured drivers

I have noticed over the last few months that there has been an increase in the number of cases I have dealt with where the driver of the responsible vehicle does not have valid insurance in place.

Sometimes it is the case that the driver has simply not purchased motor insurance at all or sometimes it is the case that insurance HAS been purchased but is not effective for some reason (for example the person driving the vehicle is not entitled to drive under the policy, or information was not disclosed when the policy was put in place which leads the insurers to void the policy).

It is a legal requirement that anybody who is driving a vehicle on the road must have insurance in place to cover them at least against a claim for injury to another person or damage to their car or property.

A question that is often asked of me is whether in the absence of motor insurance that means that a claim by another person for injuries or losses cannot proceed.  The simple answer is that this is not the case.  You may have heard of the Motor Insurers Bureau (MIB)- an organisation that exists to handle claims arising from a road traffic accident where the driver is uninsured for whatever reason. In cases where the responsible driver has no insurance or has defective insurance the claim is directed to the MIB. Sometimes they handle it themselves and other times it is dealt with by an insurer on their behalf.

There are a number of hurdles and hoops that need to be overcome in making a claim through the MIB but your solicitor can deal with those for you.  After that you are entitled to claim just as you would if there was insurance in place.  This means that you can claim for your pain and suffering from your injuries, any loss of earnings you have sustained because of the accident and any other losses such as medical treatment or expenses due to the accident.

When a claim is completed through the MIB they will ask you to sign a form of Assignment which then enables them to pursue the uninsured driver for recovery of the money they have paid out to you.  The MIB then take whatever steps they can to recover their outlays and you have no further involvement.   But other than that your claim proceeds exactly as it would do if the driver had been insured.

So if you should find yourself in the position where you are involved in an accident with an uninsured driver there is little to worry about.  Simply contact a solicitor who is experienced in such cases and you will be in safe hands.

As always, if you have any questions about making a claim just give me or John a call.  we are always happy to discuss matters with you and advise you on what steps you can take to pursue a claim.


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