If you drive a car without insurance cover, you commit a criminal offence under s 143(1) of the Road Traffic Act 1988. The possible penalties for driving whilst uninsured are:
- Minimum six penalty points
- Unlimited fine
- Seizure and potential destruction of motor vehicle
If you are an uninsured driver and cause an accident, the injured victim of your negligent driving can bring an uninsured driver claim against you to recover compensation for personal injury and other losses.
If you are insured, your insurance company pays the compensation. If you are uninsured, you must pay.
In practice, to ensure that the innocent victims of uninsured motorists don’t go uncompensated, a government body funded by insurance companies, The Motor Insurers Bureau, will pay the compensation instead. However, the MIB will attempt to recover the money they had to pay the injured claimant from you (S151 of the Road Traffic Act 1988).
If you have an accident that isn’t your fault whilst driving without insurance and you suffer injury and loss as a result, you could claim for personal injury against the other motorist.
However, as an uninsured motorist, you should be aware that if you claim against the other driver and they not only defend the claim but bring a counterclaim against you for compensation, you will have no insurance company to indemnify you if the counterclaim is successful. In that case, the MIB could again step in to pay the claimant’s damages (and costs) the damages awarded, leaving to reimburse the MIB.
As an uninsured motorist, you should not drive; it is illegal. Therefore, if you do so deliberately or inadvertently (because you thought you were insured) and you have an accident, the Police are likely to become involved. They will probably prosecute you for driving whilst uninsured.
Get in touch with us at Mooneerams on 029 2048 3615 if you want to find out how to claim against an uninsured driver.
For more in-depth information on uninsured driver claims, go to the following page: