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Everyone has to agree to an excess of some kind when getting a car insurance policy it’s the way the system works. Basically it means that if you have an accident and your car needs to be repaired, you will have to pay a set amount towards the bill. If the accident is your fault, you lose the money. If the accident is not your fault, the third party insurer reimburses you for the excess payment. If your car is written off, then your insurance company will deduct your excess from the settlement payment.

Things aren’t always that simple however, unfortunately there are a number of drivers on British roads that don’t have any insurance, so the question is, what happens with your claim if you have an accident with an uninsured driver?

The 1988 Road Traffic Act, section 143 clearly states that all drivers on the UK roads must have insurance for the vehicle that they are driving. The point of the insurance is that if you have an accident and it is your fault, you have the means to cover the cost of the damage incurred by way of your insurance policy. It’s a sad fact that a significant minority of drivers choose not to bother with insurance, disregarding UK law and saving themselves hundreds of pounds a year as a consequence. Someone has to pay for these drivers though, and it’s the people that do have insurance that foot the bill!

The Department of Transport estimates that as many as 5% of drivers are not insured on the vehicle which they are driving. Statistics also show that uninsured drivers are more likely to be involved in an accident. It’s a growing trend and is proving very difficult to eradicate.

If you have an accident, you are not at fault, and the third party is not insured, then you will be reimbursed by the Motor Insurers’ Bureau. Who funds them? The car insurance industry! That’s where some of your inflated premiums end up. You will also find that you’ll have to pay the agreed excess yourself, there will be no-one able to refund that for you.

Here’s the low-down on the basics about excess’:

Compulsory Excess this is the amount that the insurance company regards as the minimum amount that you must pay towards the cost of damages . This is agreed at the outset and depends on a few details you’re your age and your driving record. For example, if you are older and have a clean driving record, you could only have to pay a minimum of 50. Those with a more chequered driving history, or those that have not been driving for very long, could feasibly have to agree to pay 500. The average for most drivers is 100 .

Voluntary Excess this is the amount over and above the minimum compulsory’ amount set by the insurer that you are prepared to pay. This is an opportunity to lower your premiums, because if you can agree to a high excess, then the insurance company knows it won’t have to pay out as much if you need to make a claim. It’s one of the few sure fire ways of saving a few pounds on a car insurance policy, but you may not be offered the choice, it depends on individual insurers.

The garage won’t give my repaired car back until I give them a cheque for the excess is this what usually happens?

This is completely normal, and you will have to pay and then get the money back from the third party insurer. Always give the car a good once over to ensure that the repairs have been satisfactorily completed. You also need to keep the receipt to get the excess back from the insurer, and just in case they dispute the charges, get a copy of the repair schedule so the insurer can see exactly what work was completed on your vehicle.

An excess payment is the fixed contribution you must pay each time your car is repaired through your car insurance policy. Normally the payment is made directly to the accident repair garage when you collect the car. If your car is declared to be a write off, your insurance company will deduct the excess agreed on the policy from the settlement payment it makes to you.

If the accident was the other drivers fault, and this is accepted by the third party’s insurer, you’ll be able to reclaim your excess payment from the other person’s insurance company. But what if the other driver is uninsured?

All motorists know that it’s a legal requirement (under Section 143 of the 1988 Road Traffic Act) to have insurance for any damage they cause to third parties. But still many drive without insurance. An estimate of the incidence of uninsured driving in the UK is hard to come by and, for the obvious reasons, those drivers involved in breaking the law have every reason to keep quiet about it.

Calculations from the Department of Transport suggest that in the UK around 5% of vehicles are being driven without valid insurance. This group of people not only impose costs on honest motorists in the form of higher premiums, but their presence on our roads also represents a serious risk to other road users. Consequently, uninsured driving is increasingly being regarded as a major social problem.

But driving without insurance is not a victimless crime. If you have an accident with an uninsured driver and the accident wasn’t your fault, the repair costs will be paid for by the Motor Insurers’ Bureau that’s funded in its entirety by the industry, or by your insurer. Therefore, if you’re involved in an accident caused by an uninsured driver you’ll eventually get you car repaired but you’ll still have to pay the excess and there’ll be no one to reclaim your excess from.

What is a Compulsory Excess?

A compulsory excess is the minimum excess payment your insurer will accept on your insurance policy. Minimum excesses do vary according to your personal details and driving record and by insurance company. Today the average excess is around 100, but younger drivers could be faced with excesses of up to 500 – whilst more mature, experienced drivers with a good driving record, could be offered an excess of just 50.

So what is a Voluntary Excess?
In order to reduce your insurance premium, you may offer to pay a higher excess than the compulsory excess demanded by your insurance company. Your voluntary excess is the extra amount over and above the compulsory excess that you agree to pay in the event of a claim on the policy. As a bigger excess reduces the financial risk carried by your insurer, your insurer I able to offer you a significantly lower premium.

The garage has repaired my car but it won’t release the car too me until I pay the policy excess to them. Is this right?

Yes, that is normal practice. But make sure you inspect the car when you collect it. Satisfy yourself that the repair is perfect. Then make sure you keep their receipt for your excess payment as you will need this if you’re reclaiming against a third party’s insurance. And just in case there’s a dispute, it’s a good idea to make sure the repair garage gives you a repair schedule. This will list all the repairs that were made to you car.

Car Insurance. Involved In An Accident With An Uninsured Driver?

Uninsured drivers are ten times more likely to drink and drive and three times more likely to be convicted of driving without due care and attention. They also cause one accident every six months. In fact one in twenty motorists regularly drive without insurance. It’s therefore not perhaps surprising that, one in ten of all motorists have been involved in accidents with uninsured drivers. The question is what to do if you’re involved in an accident with one?

At the time of the accident you’re unlikely to realise that the other driver is uninsured so you’ll have to react in the normal way. Take a note of the other car’s make, model and registration number. Also note the other driver’s name and address but whether he’ll give you his correct details is perhaps unlikely! Nevertheless, always record what the other driver says. Unless you have this information you’ll have no leg to stand on when it comes to getting some of your money back.

Also take notes about the damage to the other car and the accident scene.Remember to note road markings, road signs, light and weather conditions and whether the other car had its lights on in fact as much detail as possible. Then if you’re lucky enough to have an independent witness get their full contact details. And if you happen to have a camera in the car, take lots of pictures – and try and get one with the other driver clearly in the picture. The police might like that one!

If your policy is comprehensive, your insurer pay for your car to be repaired but you could lose your no claims discount unless you’ve paid to protect it. But then there’s the issue of your excess payment that’s the first part of the repair cost you have to pay for. You’ll have to pay that unless you’re lucky enough to have a policy that waives the excess payment if you’re hit by an uninsured driver.

For those of you with third party car insurance, you’re in for a hard time. Your insurer won’t pay for your repairs and, as the other driver is uninsured, you’re not going to get any money off him unless you can trace him and succeed in a court action. Even then there’s no guarantee that he’ll pay up! Your only guaranteed solution is to make a compensation claim to the Motor Insurers’ Bureau – but you’ll still have to pay the first 300 of the claim.

The Motor Insurers’ Bureau insists that have the other drivers’ car registration number and you must first report the accident to the police. Always ask the police for a copy of their accident report as the Bureau’s likely to ask to see it. The Bureau’s telephone number is 01908 671681 or you can e-mail them on enquiries@mib.org.uk.

At the moment The UK’ Law is being amended to crackdown on uninsured drivers. Not before time. Anyone keeping, not just driving, an uninsured vehicle now faces a fixed 100 fine and can also have their car seized and crushed. Currently the average fine for driving without insurance is just 170 and that’s hardly a punishment when car insurance costs many times more. Losing the car plus a fine of 100 is much more realistic. Let’s hope that the courts fully implement the crushing sanction!

A police spokesman said recently, Uninsured drivers are often guilty of many other driving related offences, such as having no driving licence or MOT certificate. We’re doing everything in our power to get these dangerous and illegal drivers off our roads.

We say, go to it blues and two’s!