What should you do if an uninsured driver hits your vehicle?

What happens if I’m in an accident and the other person is driving without insurance, and the accident was his fault? Who pays for the damages to my car, myself, and my co-passengers?

Ideally, if there is an accident and one party is clearly at fault, it is the obligation of that party to pay for the damages to the victim. The charges are generally paid by the insurance company of the perpetrator. But what happens if the perpetrator is driving without a valid motor insurance policy? Let us find out.

• Coverage of your motor insurance policy
• What should you do if an uninsured driver hits your vehicle?
• Supreme Court Judgements on Uninsured Drivers

Coverage of your motor insurance policy

The first thing you need to do is check the terms and conditions of your motor insurance policy. Check whether damages caused by an uninsured driver is covered by your motor insurance policy. If that is the case, then your motor insurance company should pay for the damages caused.

That is assuming you have a comprehensive motor insurance policy, and the policy bond states that the damages caused by uninsured drivers will be covered.

What should you do if an uninsured driver hits your vehicle?

• Take the vehicle number: It is extremely important that you remain calm during the event and attempt to have a clear head. Once you are calm, take the vehicle number of the perpetrator, you will need it going forward.
• Collect evidence: Start collecting video and photo evidence; be very thorough and document everything. This evidence may be presented in the court of law. Also, talk to any witnesses that may have seen the accident and exchange contact details with them; it is possible that they may need to be presented as court witnesses.
• Call your insurance company: Once you have collected the relevant data, you must then call your insurance agent or insurance company. Explain to them what has happened. You will also need to file a claim later.
• File an FIR: Now, find out which police station is nearest and lodge an FIR. Take a copy of the FIR and keep it for your records. You will also have to submit the same information to your insurance company. Once the FIR is filed, the police will begin their investigation.
• Legal action: You will now need to begin preparations for legal recourse. Talk to an advocate and take their expert advice on the same.

Now, if your insurance company pays for the damages caused, well and good. If they do not pay for the damages, then examine the terms and conditions of your insurance policy thoroughly and see if they are obligated to extend you coverage in such a case. If not, then the liability will shift to the uninsured perpetrator.

What happens if my insurance company does not cover me for uninsured accidents? This is where we must dive deeper into the judgements provided by the Supreme Court of India.

Supreme Court Judgements on Uninsured Drivers

You can check out a whole list of judgements passed by the Supreme Court on the topic of accidents caused by uninsured drivers. We will also state what the SC has said on the matter in a judgement passed in 2018.

The Supreme Court has categorically stated that in the event of an accident caused by an uninsured driver, the liability will be passed onto the uninsured driver. If the uninsured driver is unable to pay for the court ordered damages, his vehicle will be impounded and later auctioned off. The proceeds earned through the auction of the vehicle will be disbursed to the victim.