What to do if you're hit by an uninsured driver

Every 20 minutes, someone in the UK is hit by an uninsured or hit-and-run driver, according to the Motor Insurers’ Bureau (MIB). You might think, 'as long as it doesn't happen to me', but these incidents affect every driver in the UK.

How? Every year, uninsured and hit-and-run drivers cost the economy almost £2.4 billion. These costs are passed down from insurance providers to drivers, adding around £30 to your car insurance price.

Here's what you need to know.

What do I do if an uninsured driver hits me?

Your safety and well-being should be your first concern. After all, it can be a pretty distressing and traumatic experience.

Drivers getting behind the wheel without a valid car insurance policy is one of the top 5 motoring offences according to Confused.com data. So, unfortunately, you're not alone in your situation.

But if you're okay, it's important to turn your attention to information gathering. Here's what you should collect:

• The make, model and registration number of the other car
• The other driver’s name and address
• Details of any nearby witnesses
• Photos and details of any damage

Then get in touch with the police as soon as you can and let them know that the other driver doesn’t have insurance.

• If you're injured in the accident, you’ve got 14 days to talk to the police
• If there’s any damage to the vehicle, you need to do this within 5 days

If you don't report the collision to the police, you could be committing an offence. The penalties include a fine, up to six months in prison, or penalty points on your licence.

Will my no-claims discount be protected if hit by an uninsured driver?

Again, we don't want to sound like a broken record, but it depends!

If you’re hit by an uninsured driver, you might still lose some of your no-claims bonus. Why? The claim would need to be paid by your insurance company in the absence of an insurance policy for the driver who was at fault.

But, there is some respite! Some insurers could protect your no-claims discount in this type of situation, so check your policy to find out.

What do I do if I hit an uninsured driver?

If you’re at fault in this scenario, the other driver could claim from your insurance policy. The fact that they’re uninsured shouldn’t change that.

If you have a comprehensive car insurance policy, you could also claim to cover damage to your car.

You could still report them to the police for not having insurance, though. Call 101 or use your local police force’s live chat facility if it has one.

What do I do if the other car drives off after hitting me?

This is what's known as a hit-and-run. If you're unfortunately caught in this type of accident, here's what you should do:

• Gather evidence: You'll need to prove that the other driver, known as the untraceable driver, caused the accident. You could provide evidence through witnesses, CCTV or dashcam footage. Taking photos of the damage to your car or any markings on the road from the accident might also support your claim.

• Contact the police and your insurance company: If you can, make the police and your car insurance provider aware of the accident as soon as possible.

• Make a claim: You can do this on the MIB website. The MIB are responsible for handling claims where there's an untraceable driver. 

If you're making a claim for vehicle damage, you'll need to do this within nine months of the accident. Typically, there’s usually a £300 excess for these claims. Claims for personal injury need to be made within three years.

Will my claim be successful if I’m hit by an untraceable driver?

It's hard to say, because it depends on who's at fault. 

The MIB should work with your insurance company and the police to work out who’s at fault for the accident.

If they find that you were at fault – either wholly or partially – they might reject or reduce the amount of your claim.

But don't stress! The MIB won’t throw out a claim purely because you can't find the other driver.

There are some situations where the MIB might be more likely to reject a claim:

• If you were a passenger in a car that you knew wasn’t insured.
• If you were a passenger in a car driven by a drunk driver.
• The accident happened on a private road or area that doesn’t have full public access.

How do I claim on my insurance if an uninsured driver hits me?

This is where things get slightly tricky, so stick with us!

If you have comprehensive car insurance, you could still claim on the other driver's policy, even if the process may be more complicated.

If you only have a third-party fire and theft or third-party only policy, you can claim with the Motor Insurance Bureau. They specialise in handling cases where one driver doesn’t have car insurance.

The MIB should try to reclaim the costs of the accident from the third party where possible.

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