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Accident Car Insurance: Solicitor guide to how UK motor vehicle insurance and the Motor Insurers Bureau pay your RTA compensation claim
Accident car insurance: Find out why drivers must have in place a valid policy of motor vehicle insurance, the different types of auto insurance available, how you claim compensation from a driver at fault via car motor insurance, what a driver at fault can claim from his own insurer and how to claim from the Motor Insurers Bureau when the driver responsible for your RTA is not known or has no valid insurance in place.
Why must a car or any other motor vehicle driver have in place motor vehicle accident insurance in the UK?
Road traffic accidents are not only common, but can cause serious injuries and large expenses to accident victims.
If you have suffered injury, vehicle damage and financial losses the law in the UK and Europe has been developed to ensure you can recover compensation if the RTA was not your fault.
The law does this by requiring everyone in control of a motor vehicle on a public road or highway to have in place a valid policy of motor vehicle insurance, which is able to meet any RTA compensation claims made by "innocent accident victims".
The technical name for this motor insurance is third party liability insurance. If you are an innocent accident victim you are considered a third party by a vehicle insurance company as your involvement in the RTA is totally by chance.
What is an innocent accident victim?
Accident car insurance
An accident victim is anyone who has suffered injury as a result of a road traffic accident, which will often include both the driver who was responsible for the accident and you, as a driver or even a pedestrian, who was in no way responsible for the accident.
If you were in no way at fault for the RTA - you are considered an "innocent accident victim".
For example, if you are involved in a UK car accident - the driver who was responsible for the RTA should have accident car insurance in place, which is a type of motor vehicle insurance for cars. This insurance will pay compensation for injuries to innocent accident victims.
Click accident car insurance claim to see the page I have written explaining how to show who was at fault for a road traffic accident.
Can a car driver who was responsible for a road traffic accident claim compensation from his own accident car insurance for his injuries?
"No," a driver who was legally at fault for an accident cannot claim on his own auto insurance policy for his injuries - he is not an innocent accident victim and therefore not protected under UK law.
As you will see later - if you caused an accident and had in place comprehensive vehicle insurance you could claim from your own insurer for your own vehicle damage, but not your own injuries.
Please be aware - what you can claim from vehicle insurers varies from country to country. Some countries in Europe will pay for injuries whether you were at fault or not. This is known as strict liability.
What types of accident car insurance policy are available to meet your compensation claim?
There are several different types of motor vehicle insurance policy a car driver can have, but each must contain this third party or accident car insurance.
Some examples include:
1. Third party automobile insurance
A type of vehicle insurance which covers the driver against any compensation claims by innocent accident victims. It is the minimum accident insurance policy a car driver can have and normally the cheapest.
2. Third party fire and theft motor insurance
A type of motor vehicle insurance which insures a driver against any compensation claims by innocent accident victims and pays for the repair or replacement expenses to his car if it is involved in a fire or is stolen.
3. Comprehensive vehicle insurance includes accident car insurance
A type of motor vehicle insurance which covers the driver against any compensation claims by innocent accident victims and for the repair or replacement expenses to his car if it is damaged in anyway - even accidentally by himself.
RTA Solicitor Tip: When taking out a car insurance policy consider paying extra for Legal Protection Cover - this will meet the legal costs of a UK road accident solicitor making a compensation claim on your behalf against another driver.
Who do you claim against - the driver at fault or his insurance company?
Generally you must claim against the driver of the vehicle who was at fault for your injuries - even if you have the details of his accident car insurer.
Once you have made a claim against the person at fault - he should pass the claim onto his motor vehicle insurance company to deal with on his behalf.
The insurance company will do what is known as indemnify their insured driver against his driving mistakes. In other words - the insurer will pay the sum of money for your compensation if you have shown the insured driver was at fault or negligent in causing the road accident that led to your injuries.
Can you still claim if the driver at fault is not insured or cannot be found?
You will be pleased to hear that the answer to this question is: "Yes".
When any driver pays their motor insurance policy a small portion of the annual premium is given to the Motor Insurers Bureau who will act as though it was the insurance company for a driver who was not insured or who is unable to be found.
The MIB uses the words "uninsured" and "untraced" to describe these drivers and examples include:
1. A driver who was driving a motor vehicle illegally without a valid policy of motor insurance in place
This is an example of an "uninsured" driver.
2. A driver who gave you the wrong contact details following your RTA
In a road traffic accident the Motor Insurers Bureau will expect you to take the vehicle registration, make and model - so the driver at fault can be traced if possible should he give you his wrong details.
This is an example of an "untraced" driver.
3. A hit and run driver who did not stop following a road accident and whose details it was impossible for you to get.
The MIB will expect you to have informed the police immediately following the road accident to prove that it happened as you describe.
This is another example of an "untraced" driver.
If you can prove that the uninsured or untraced driver was responsible for your accident and injuries - the MIB will pay your compensation.
What happens if a driver had a valid insurance policy, but the insurance company went out of business before you could claim?
Once again the Motor Insurers Bureau will step in to act as though it was the insurer of the driver, so you should still receive your compensation.
Answers to Frequently Asked Questions about car insurance claims
Using the link below you can find the answers to website visitors frequently asked questions.
Click road accident claim to find questions and answers on auto and accident car insurance.
Accident Car Insurance Summary
This page has described the different types of motor vehicle and accident car insurance, how you can claim compensation through an insurance company and from the Motor Insurers Bureau when a driver was uninsured or untraced.
Click traffic accident car insurance compensation to read the page I have written explaining all the types of motor vehicle compensation you can claim from a driver at fault through accident car insurance following a RTA.