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What to do if an Uninsured Driver Hits Your Car?

Car insurance is designed to protect other road users. Here are steps you should take if you are involved in a car accident with an uninsured motorist.

  • 14 Nov 2022
  • 3 min read

Accidents are common on Indian roads. And what are just as common are people using their vehicles on roads without valid insurance. Although it is mandatory to have third-party insurance in India, it is far from being followed by all vehicle owners. So, what happens if your car is hit by an uninsured motorist? While your insurance will cover the damage caused to the third party and their vehicle, who will cover the damages to your car and your medical expenses in case of an injury? Today, we will focus on what to do if you meet with a car accident and the other driver has no insurance.

  • Note details: 

When the at-fault driver tries to flee the scene of the collision, instead of chasing him, make note to jot down the vehicle's details such as the registration number, brand and model number. If the at-fault driver remains at the accident scene, try to gather as much information as possible. Based on the details you get about the other vehicle and uninsured motorist, you can file a police complaint and get the other driver to pay for your car’s repair.

  • Find witness:

It may so happen that an uninsured motorist hits your car and flees the scene of the accident. In such situations, the only way to learn more about the offender and his vehicle is through a witness. Look for witnesses and check with them if they noticed the other vehicle’s registration number or make. You may also check  if they are willing to testify and record their statement against the at-fault driver. If they do, make a note of their contact information.

  • Security cameras:

The accident could have happened when your car was on the road or while it was parked in a parking lot. Either way, it is always a good idea to check the security cameras in the vicinity of the site of accident. Surveillance cameras are common in city squares, supermarkets, and mall parking lots and they can assist you in tracking down the details of the uninsured vehicle that hit your car. If you can't find a security camera, ask around to see if any local shops or residences have captured the incident. If you come across any recordings, save them to your phone or laptop for later use.

  • Take photographs:

Regardless of whether you find any information or details of uninsured motorists or not, it is advised that you take photographs of your damaged car at the site of the accident itself. The photographs will serve as proof of collision and damage to your vehicle and will assist you in obtaining compensation from uninsured motorists.

  • Inform the police:

Once you have gathered enough information on your own, it's time to file an official complaint against the driver at fault. After lodging the FIR, the police will initiate an investigation and may be able to track down the driver who caused the damage to your vehicle. Filing the FIR immediately after an accident is important because the insurer will require a copy of the FIR for filing third-party vehicle insurance claims. Therefore, if the at-fault driver is underinsured or uninsured, you must submit a copy of the FIR to their insurer. FIR copies also help in obtaining compensation from uninsured motorists.

Also read:

Rules and regulations regarding uninsured vehicles accident

  • As per the MV Act of 1988, driving in India without a minimum coverage—third party liability cover—is illegal. 
  • If the accident without car insurance of the car occurs, the uninsured motorist has to bear the repair and maintenance expense from their own pocket. 
  • As per the recent judgement of the Supreme Court of India, if the accident is caused by an uninsured car, the owner of that vehicle is required to recompense the other driver’s loss. If the driver is killed in an accident, the uninsured car owner must compensate the victim's family.
  • If an uninsured car owner does not recompense the victim within three months, the uninsured car will be auctioned and the proceeds will go to the claims tribunal to reimburse the victim's loss.

Driving without insurance also attracts a hefty fine and may result in the termination of your driving licence.

To conclude:

In a nutshell, there are no specific regulations in place regarding uninsured motorists' protection. So, if your car is damaged by an uninsured or underinsured vehicle, don't panic. Simply follow the processes outlined above and you will be compensated for your loss.

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