It is a common misconception that if you find yourself in an incident with an uninsured rider you will not be able to claim for any damages - however, this is not the case.
In this blog, we are going to be running down everything you need to know regarding road incidents with uninsured riders, so without further ado - let’s get into it!
What happens if you have a crash and are uninsured?
If you find yourself in the event of a crash and are uninsured, riding on UK roads, you may be personally liable for any damages you have caused to a Third Party's property or person and will be paying for said damages out of pocket.
Also, it is worth mentioning that if you are caught riding your motorcycle uninsured by the police, you may receive a fine and/or prison time.
Can you make a claim if you werent at fault?
An uninsured rider can claim against the third party’s insurance providing that the accident was a result of the third party. However, if you are riding uninsured you are at risk of being prosecuted or fined for having no insurance.
What can I do if I’m hit by an uninsured rider?
If you are hit by an uninsured rider/driver, you will be able to claim for any damage to you or your property through the Motor Insurers' Bureau (MIB).
Alternatively, you can claim off your own policy providing you have the correct level of cover to do so. It is worth noting that claiming off your own policy will tend to be recorded as an ‘at fault’ incident when listing this for future policies – not because you are at fault, but simply because you are making use of your own insurance policy to pay for damages.
Contact the Motor Insurers’ Bureau (MIB)
As we mentioned above, the Motor Insurers’ Bureau (MIB) can help to cover the cost of any damage caused to your person or your property by an uninsured rider or driver.
After submitting your claim, the MIB will seek to investigate the claim to check what happened, as well as confirm who was involved and the extent of your injuries for which you are claiming for (providing you have stated any).
Typically, when submitting a claim via the MIB, you will work alongside one of the lawyers from their panel meaning they will make sure both you and/or the damage to your vehicle has been properly assessed by an independent professional to help support your claim.
Claim on your own comprehensive cover
We have spoken about this in detail in our making a claim full guide, however, if you find yourself in an accident that wasn’t your fault with an uninsured driver, you will typically have to use your comprehensive insurance when you want to make a claim.
It can potentially mean that you will still have to pay out your excess meaning as a consequence, your no-claims bonus could be affected.
On the other hand, if you are able to obtain the relevant details from the uninsured driver, some insurance companies will let you retain your no-claims bonus and give back your excess.
*Please note that this does vary between different insurance companies and their policies, so it is always worth checking with your insurer directly.
What happens if you are hit by an uninsured rider on an insured bike?
If you find yourself being hit by an uninsured rider on a bike that is insured by a third party (eg. the owner of the bike) then the process of putting a claim in is not as straightforward as you may think.
If you are injured or your bike is damaged as a result of an incident with an uninsured rider you will not need to process your claim via the MIB, instead, you can claim directly via the bike owner's original policy.
On that note, lending your insured motorcycle to a friend (without your insurance policy naming them as a rider) may mean that if they cause an accident, any damage to the third party or their property will be claimed against your insurance - regardless of whether or not you were present at the time.
Compensation for motorcycle accidents with no insurance
Much like any road incident, motorcycle collisions with an uninsured rider can vary in severity with some ending in the victims having to file for a personal injury claim.
The exact amount you will receive for a personal injury claim will depend heavily on the individual situations and circumstances, so please take the averages as an estimate gathered directly from the latest Judicial College Guidelines:
Reason for compensation: | Awarded amount: | Additional comments: |
Moderate Brain Damage | £150,110 to £219,070 | The level of payout will be dependent on the severity of the injury. Higher amounts are awarded to those who have more dependency on others and vice versa. |
‘Less Severe’ Brain Damage | £15,320 to £43,060 | Less severe level of injury than stated above. The claimant must also be able to make a considerable recovery. |
Minor Head/Brain Injury | £2,210 to £12,770 | Minor Head/Brain Injury £2,210 to £12,770 The amount will depend on the severity of the initial injury and the treatment required. Any after-effects/symptoms will also be considered. |
Severe Back Injuries | £91,090 to £160,980 | Any injury causing damage to spinal nerves and roots, damaged discs, or any soft tissue. This level of injury also includes partial paraplegia or mobility issues. |
‘Moderate’ Back Injuries | £27,760 to £38,780 | ‘Moderate’ Back Injuries £27,760 to £38,780 Again, less severe than above, however, these include back injuries that have resulted in ongoing pain or issues with mobility. |
‘Minor’ Back Injuries | £7,890 to £12,510 | Back injuries where some level of recovery has taken place such as soft tissue or disc damage. |
‘Less Severe’ Arm Injury | £19,200 to £39,170 | Less severe means that there is a level of disability experiences, however the level of recovery is good. |
*Please note that these amounts have been taken from the latest Judicial College Guidelines (at the time of writing).
What are the legal requirements for motorcycle insurance?
If you intend to ride on UK roads, you are required by law to have a minimum of third-party insurance coverage in place for your bike.
Third-party only insurance will provide coverage for the damage you do to someone else (the third party). In the event of an accident, if your bike gets damaged and the accident wasn't your fault, whilst you will not be able to claim on your own policy, you may be able to on the third party's.
What are the penalties for riding without insurance?
According to GOV.UK, failure to have insurance will mean that the police can give you a fixed penalty of £300 and 6 penalty points if you’re caught riding a bike you’re not insured to ride.
On top of that, if you end up being taken to court as a result, you may also get:
- An unlimited fine
- Disqualified from riding
- Police have the power to seize the bike and/or destroy it.
Types of insurance
When searching for motorcycle insurance, there are three levels of coverage available to people living in the UK, these include:
We here at Lexham have created full guides on each level of insurance coverage available to you, so if you want to know more - it is well worth taking a read!
Get a quote from Lexham!
So there you have it, I hope you enjoyed my full guide to everything regarding uninsured riders and motorcycle incidents…
Last but not least, if you have your very own motorcycle or scooter you need insure - make sure to get a quote direct with Lexham!