Despite car insurance being a legal requirement in order to drive on UK roads, you will still find a surprising number of uninsured drivers behind the wheel. Unfortunately, given the number of drivers without insurance and the sheer volume of traffic on UK roads, instances of uninsured drivers colliding with other road-users are bound to occur from time-to-time. Some estimates say that as many as one in twenty motorists have been involved in an accident with an uninsured driver, and that this will add between £15 and £30* to the average premium paid by conscientious motorists.

What do I do at the time of the accident?
Any motorist that collides with you is unlikely to admit that they have no insurance. To that end, you should endeavour to collect as much information as possible, including the following:

Motor Lawyers Comments:  If you do not have access to a camera, make a rough sketch of the accident circumstances. Whilst you will not be expected to record accurate measurements, there are various ways in which you can prove the position of a vehicle.  For example, note the position of the vehicle in relation to non variables such as lampposts, manhole covers, drains etc.  

Make a note of any CCTV cameras that cover the area. Although they may be there for completely different reasons to include congestion charging, traffic monitoring, security etc, it is possible they have recorded accurate evidence that can be used to support your case.  Also make a note of any tyre marks, debris or other fluid spills that are related to the accident. 

Should I call the police?
You should call the police as a matter of course if any of the vehicles are causing an obstruction, there is bodily injury, or you have hit third party property such as a wall. They will file an accident report, and a copy of this will prove handy when dealing with any other parties later involved with the incident – such as your insurance company.

If you do call the police, then they will request that the drivers involved produces their license, certificate of insurance and MoT certificate, in order to ensure that they are legally permitted to be on the road.

However, if the incident does not warrant a call to the police and you suspect the other driver in uninsured, inform your insurer and do not take matters into your own hands. Insurance companies have tools to see if an insurance policy on a particular car has been taken out, or can otherwise make inquiries based on the registered keeper of the vehicle.

How will my level of cover affect my claim?
In the event that you are hit by an uninsured driver, you will be in a far better position if you have comprehensive car insurance. You may lose your no claims bonus, but at least your insurance company will pay for the repair of your car. You will probably have to pay the excess too, unless you have a policy which waives the excess payment if you’re hit by an uninsured motorist.

Things get a lot trickier if you only have third party cover. Your repairs will not be covered by your car insurance company, and any offers of informal compensation from the other driver may well not be honoured – especially if the damage to your vehicle is likely to be expensive to repair. You may not even be able to trace the driver. If you do, there is no guarantee that they will cover your costs – even if taken to court. The Motor Insurers’ Bureau (MIB) will be your only recourse in this instance and your insurer can give you advice on the best way to proceed.

The MIB is a company which enters into agreements with the government to compensate the victims of negligent uninsured and untraced motorists. If you choose to seek compensation via the MIB, then you will have to have an accident report. You can find out more information regarding making a claim on their website www.mib.org.uk. The MIB seek to compensate victims fairly and promptly. However, bear in mind that any claim made will be reduced by £300 – a bit like an excess payment. So if one claims for damage to the value of £500, then they will receive £200 in compensation payment.

Motor Lawyers Comments: 

What are my legal obligations?
In order to use any vehicle on the road, the minimum of third party insurance cover is required. Many drivers are not intentionally uninsured but assume that because they have fully comprehensive cover on their own vehicle, they automatically have third party cover to drive vehicles not owned by them. However, this is normally not the case and would only be supplied if an additional premium has been paid.

Other problems arise when payments are made by direct debit and a payment is missed or because there are other restrictions, ie age of the driver etc. In all of these circumstances, a punishment of 6-8 penalty points or in certain situations, disqualification, will be imposed together with a fine.

* Motor Insurers’ Bureau figures, May 2007. They add: “the cost continues to rise in the light of increasing levels of compensation, legal costs and changes in legislation”.

About the Author
confused.com provide a price comparison website for car insurance.

External Links
confused.com
Motor Insurers Bureau

Related Legal Links
Driving Without Insurance
Failing to Stop and Report

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Following the initial tests at the Blackwall Tunnel and Camden, more extensive trials of the new “Wi-Fi” speed cameras are being carried out on the A13 between Canning Town and Gorsebrook.

The time elapsed cameras monitor traffic in all lanes and throughout the whole of the 5 mile section and have the ability to calculate speed at any point between cameras, thus tracking the vehicle at all stages on the journey.

The 5 month trial will not result in any prosecutions via this equipment, which is not yet Home Office approved, although motorists would be wise to remember that there are standard Gatso cameras on this section as well, which remain live and effective.

If successful, it is anticipated that the cameras will be used to enforce the blanket 20 mph speed limit that Ken Livingstone intends to impose throughout residential London should he be re-elected.

Related Legal Link
Speeding Offences

External Link
London Safety Camera Partnership

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Cambridgeshire Constabulary have rolled out their latest bid to slow down speeding motorists which consists of recruiting members of the local community to carry out speed checks. The “Speed Watch” pilot programme has already recruited 5 members of the public who have been trained up to use speed detection equipment in Soham for the 3 month trial.

Although the residents have no authority to stop or challenge any motorist alleged to be in excess of the speed limit, the plan is to note the vehicle details and then send an advisory/warning letter to the registered keeper.

Other local areas covered include Chippenham, Wickham, Fordham, Isleham, Kennett and Snailwell.

The project follows a similar “peer pressure” approach in Norfolk where speeding motorists were stopped by the Police and told to explain themselves to local school children, rather than face prosecution.

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The most common offence committed by the motorist is speeding and North Wales Police, notorious for their zero tolerance for speeding, have a new weapon in their armoury.

Drivers who are upset that on previous occasions Police operations have not been entirely transparent, will be alarmed to note that part of their new covert approach, the constabulary have adapted a horsebox to become a mobile speed camera unit.

This is the not the first time that North Wales Police have adopted unusual policing methods, in the past there have been reports of officers hiding behind walls and road signs.

Although Safety Camera Partnerships and the Police often give warning of locations or make equipment clearly visible, as per codes of conduct and the ACPO Guidelines, there is actually no requirement for this to be done so the methods used by North Wales Police are legitimate. Indeed, the constabulary will no doubt emphasise that despite issuing over 55,000 tickets in 2007, speeding is prevalent in the area in order to justify their unorthodox approach.

Covert speed cameras are relatively rare in the UK, although in Europe, every day items such as wheelie bins have been used to disguise speed cameras.

Related Legal Link
Speeding Offences

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Norfolk Safety Camera Partnership today launched their new “multi angle safety camera van” as part of their efforts to prosecute speeding motorcyclists. The partnership accepts that previously it had difficulty convicting motorcyclists for speeding offences because the lack of front number plates made identification difficult.

The new camera van, which is fitted with multi directional cameras and recording systems, results in vehicles being identified from front, side and rear angles.  It is designed to eliminate the problems previously encountered with motorcyclists, as it will allow recordings to be taken of vehicles as they approach and leave the speed check with the result that a number plate will always be obtained.

Similar devices have been used successfully by other police forces, encouraging Norfolk Safety Camera Partnership to invest as the area has a disproportionately high number of incidents involving speeding motorcyclists.

Related Legal Link
Speeding Offences

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In a bid to ease motorway congestion, the first motorway car-share lane has opened in West Yorkshire. The lane stretches 1.7 miles and links the southbound M606 from Bradford to the eastbound M62 towards Leeds and it is estimated will save the average commuter 30-40 minutes per week.

What are the rules/which vehicles are entitled to use the car-sharing lane?

Vehicles must be carrying two or more people.
Motorcyclists can use the lane and do not need to carry an extra passenger.
Heavy goods vehicles are not allowed to use the lane.

What is the Penalty if I breach the rules?
Those who get caught can expect a £30 fixed penalty ticket.

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The Highway, E1, has never been the easiest access to and from London with 4 speed cameras within the space of a quarter of a mile and a further 6 cameras in the adjacent Limehouse Link. However, motorists, particular motorcyclists, have also recently been subject to mobile checks which the Police have been carrying out at the junction of Ensign Way, adjacent to the News International buildings.

These checks are becoming increasingly common with the Police not only targeting speeding motorists, but also any vehicle that encroaches the hatch markings.

Users of the road should be alert to the fact that fixed penalties are being handed out in large numbers as the Police seek to enforce compliance on one of the busiest routes into the City.

Motor Lawyers have noticed a large increase in enquiries over the last few days, particularly from motorcyclists who believe that they are entitled to use the hatch markings on the basis that it is bordered by broken white lines.

Rule 130 of the Highway Code states that:

Chevrons bordered by broken white lines are there to separate traffic lanes and should not be entered “unless it is necessary and you can see that it is safe to do so”. 

Consequently, using them to overtake slow moving traffic is not “necessary” and will result in 3 penalty points and a £60 fine.

Related Legal Links
Speeding Offences
Fixed Penalty Notice

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The Mayor of London has released plans to increase, to £25.00, the daily charge for G-Band vehicles to enter the London Congestion Charge Zone.

The proposal is that from the 28 October 2008 any car that produces more than 225g of CO₂ per kilometre will pay the £25.00 premium charge, compared to the current £8.00 daily rate. Generally speaking, this will affect more or less all vehicles with engines of 3 litres or more and older vehicles that are less environmentally efficient. 

Cars that fall within bands A and B would be exempt on the basis that they produce emissions of 120g of CO₂ per kilometre. The A-G Band is based on the department of transport emissions scale.

The other most pertinent parts of the proposals are that residents within the zone would lose completely their discount if they own a Band G vehicle. Those that run hybrid Band G vehicles would not have to pay the charge until 2010 at which point, the full £25 daily rate would be imposed.

Given that there will be an election in advance of the implementation date, the proposals could be drastically altered and/or scrapped completely should there be a change of office.

CO₂  Charging - Transport for London
http://www.tfl.gov.uk/roadusers/congestioncharging/7394.aspx

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The current analogue Speed Cameras in the Variable Speed Limit section of the M25 near Heathrow Airport (Junctions 10-15) are going digital from the 15 February 2008.

The activation limit will also be lowered from around 93 mph to 80 mph, in line with the ACPO guidelines, when variable limits are not in operation.

Related Legal Link
Speeding Offences

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Motor Lawyers have received numerous enquiries concerning speed cameras installed in the Blackwall Tunnel.  Transport for London have been testing “Wi-Fi” cameras in the Northbound tunnel since the middle of November.  Cameras are monitoring speeds along the north bound section of the tunnel, from the southern approach to the junction with the A13.

Although data is being compiled, it will not be used for prosecution purposes as the equipment is not yet Home Office approved.  However, if the test is successful, we assume that as with the Limehouse Link, the cameras will simply be left in situ and then used for enforcement purposes. 

The cameras are the latest in a series of new developments.  Wi-Fi enabled, it is believed that they are capable of capturing images over a much greater distance by linking to other networked cameras with the result that motorists can be timed and speed calculated over substantially greater areas than was previously possible.  This would also eliminate the potential problem of drivers changing lanes etc, as the identity of the vehicle will be monitored for much longer. 

It is believed that if the test is successful, similar technology can be used to enforce 20 mph zones in residential areas as vehicles would be timed entering and leaving the zones and at various points within the zone itself with all cameras linking to a central computer.

Related Legal Link
Speeding Offences

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