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Do Uninsured Drivers Get Off Scot Free?

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By

Emma Lunn

From the Fool blog

Christmas comes early for Centrica investors

Published in Insurance on 12 August 2008

Why uninsured drivers are bumping up your car insurance premiums.

Should the punishments and penalties for driving without  car insurance be increased?

Last week saw a grieving mother condemn an uninsured driver who was handed a £265 fine for causing a crash which resulted in the death of her daughter.

Despite driving without insurance being illegal, fines of this size are often handed out to drivers that kill while driving uninsured and are routinely blasted by victims’ families and road safety groups alike.

In the latest case nineteen-year-old Samuel Clements was speeding along a busy dual carriageway in his unroadworthy and uninsured Renault 19. He lost control of the car and rolled it along an embankment until it came to rest upside down. His fifteen-year-old passenger, Sarah Gaecke, was stumbling out of the wreckage when she was struck and killed by another car.

Clements was fined £25 for driving without a licence, £40 for having a defective tyre and £200 for having no insurance. He was also ordered to pay £80 costs and given eight penalty points on his driving licence.

This has to change. 

A new law may be introduced this summer which could see motorists charged with causing death while driving unlicensed, disqualified or uninsured. The charge could carry a maximum two-year jail term. As it stands at the moment, punishments for uninsured drivers remain pitifully inadequate and it’s law-abiding drivers who are footing the bill.

Who pays?

If you drive, then you do. According to the Motor Insurers’ Bureau, responsible drivers pay an average of £25 to £30 extra on their car insurance policy to cover the cost of accidents involving uninsured drivers. This means that collectively British motorists are paying more than £500 million to cover people who can’t be bothered to insure their vehicles.

The legal minimum requirement for car insurance is third party cover which is meant to ensure that anyone involved in a serious accident is covered for medical costs and personal liability. Those who don't properly insure their vehicle risk six to eight points on their license or a ban, and a fine of anything up to £5,000. Owners of uninsured vehicles also risk having them crushed.

However in most cases uninsured drivers get away with a derisory £250 fine, little more than twice the fine you’d get for parking on double yellow lines or driving in a bus lane, and a fraction of the average premium for comprehensive cover which currently stands at £681.93.

What should the Government do?

At a time when motorists are under pressure from record fuel prices there are calls for the Government to get tough on uninsured drivers. Recent YouGov research shows that 87% of motorists feel that the Government doesn't do enough to prevent people driving without insurance.

Some say that at a minimum the punishment should include increasing the average fine to a figure considerably above the cost of the policy, otherwise you can see why some people risk driving uninsured: If the fine will be less than the cost of the insurance, why bother?

If you’re unlucky enough to be caught up in an accident with an uninsured driver you could face a lengthy battle to have your costs paid.

If you’ve got fully comprehensive cover, your insurer will pay for repairs to your car but you might lose your no claims discount. Other costs, like medical and legal bills, might not be covered. And if you have only third party cover, you won’t be covered at all.

Where drivers are left with unpaid costs as a result of an accident with an uninsured driver, compensation can be claimed from the Motor Insurer's Bureau (mib.org.uk) which is a fund paid for directly by insurers, but indirectly by insured drivers. However the process can be time-consuming and drivers will be expected to take steps to find out if the other driver is insured as well as reporting the accident to the police.

So what can be done? Is a derisory fine of £250 or so enough for driving without car insurance or even killing someone? Should uninsured drivers be automatically banned from driving or even jailed? And will the new law go far enough to deter those drivers who think the rules of the road don’t apply to them?

More: Five Steps To Cheaper Car Insurance | Get a quote today from The Motley Fool Car Insurance Centre

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

FunkyPinky 12 Aug 2008, 8:23pm

For insurance to be compulsory, there must be compulsory minimum cover available. It is unfortunate, that this is not the case. Perhaps a basic minimum cover policy ought to be made available, at the post office, for cash, and for a flat premium.

Compulsory insurance cover does not prevent accidents. Indeed, enforcement of rules which are unfair, cause anger and resentment from those who are being persecuted. It is more likely to cause more accidents than less.

People in the UK, will be treated by the NHS regardless of insurance coverage. I really don't understand the need for compulsory third party insurance in the UK. (perhaps in places where medical insurance is required for treatment it is essential)

masped 13 Aug 2008, 12:42pm

Third party cover isn't just to pay for medical treatment, it covers ANY liability to third parties. That might include repairing minor damage to their vehicle all the way up to compensating them for lifetime loss of earnings if they are severely injured and can no longer work. Potential liability to third parties is effectively unlimited.

If an uninsured driver is involved in an accident I feel that the fine that they get should be directly linked to the cost of the damage they have caused, subject to a minimum value.

massexit 13 Aug 2008, 1:00pm

Why do insured drivers have to cover uninsured drivers at all? An uninsured driver crashes into/ injures you surely the most reasonable thing is to deduct the costs from their income/ benefits until the costs are met? If they were insured these costs would be met from the insurance.

patch26 13 Aug 2008, 1:20pm

I think the goverment should definatly increase the minimum fine for unisured drivers around the £1000 pound regen, if not more. Because most people who are driving unisured do so due to their premiums would normally cost around this mark and therfore see the current fine as being cheaper than actually getting insurance. Plus like massexit stated they should be liable for the costs of injuries/ damages etc.
The goverment should force them to pay the fines, work it off as free labour or consider a jail sentance. Its harsh but so would be losing a family member to an unisured driver.

hsb79 13 Aug 2008, 1:54pm

In many other aspects of our life, we buy insurance to cover the resulting costs of something going wrong. The majority of people pay a regular contribution, so that they don't have to directly pay these costs themselves. It is also possible to self insure, in these instances. I.e. why pay a regular contribution if you can afford to pay to resulting costs od an accident?

So why is it that where the insurance is compulsory, those who effectively 'self insure' by not paying a regular contribution, are able to avoid paying the costs resulting from an accident?

Those who do not have car insurance, are still liable for, and therefore should be made to pay all the costs that the insurance company would otherwise pay - healthcare - long term as well as immediate, reparation of damage, and compensation for loss (earnings, life etc). If they cannot afford to pay, they have an option to earn that value for which they are liable, through a prison sentence or community service.

I imagine that faced with paying an average of £600 a year in premiums would be a lot more attractive than 40years in prison for killing someone, and should make a dent on the number of uninsured drivers. (I came up with 40 years from an insurer's value of a life at £1M, divided by the average wage of £25k - so it is very rough and open to debate)

bobbles31 13 Aug 2008, 1:55pm

Car Insurance is that, thankfully, rareist of beasts, a product that you are obliged to buy.

Personally, I think that we should introduce the Australian system whereby you get your 3rd party insurance as part of your annual MOT. That way every car that is road legal is insured 3rd party. Not just for its owner but for anyone that drives it. You only pay extra if you want to add Fully Comp cover to the vehicle.

You can't stop people driving vehicles that are illegal, but by making these the only people that are uninsured you can increase the penalties for driving an unregistered, untested vehicle considerably.

Come to think of it, you could include the road tax in with the test too, then you have one place to go, once a year pay one bill and your car is taxed, tested and insured for another 12 months.

Somehow, I think that is far too efficient a process to get introduced here in the UK. Much better to have three different departments and a whole market of insurance companies taking dividends out of us lowly motorists.

magimix 13 Aug 2008, 5:36pm

If someone who is uninsured crashes de to their own negligence and a death occurs can they not then be sued. If they have any assets that is?

Yossel 13 Aug 2008, 11:36pm

This government has produced endless legislation, but have never addressed this (nor did the tories). Increasing fines does not usually work, as Uninsured drivers usually have meagre assets. However, it is a good symbolic start.

The Aussie system is a lot better. Also, all cars should have insurance disks on front windows by law (Labour have pussyfooted on this for 10 years). Uninsured cars should be crushed. Offenders tagged under curfew for several months. + Community service.

More can be done, but, cynical me, it is not a headline grabber.

The Yos

bacoms 14 Aug 2008, 7:42am

This is typical of the mish-mash of laws that passes for a legal system in this country.

To address this I believe 2 things need to happen;

1. We need a written constitution that is clear, precise and comprehensive enough for ALL laws to be framed within it.

2. The penal system needs to be overhauled such that prisoners can really pay off their debts to society by working them off instead of being 'banged up' for much of the time.

With a written constitution in place, we would simply need a law to address 'unlawfull injury or death'.
This would need to cover the degrees of the crime from premeditated murder down to accidental injury or loss of life.
The guilty would be fined and, where appropriate, sent to prison to pay off the debt by working.
The money thus earned would be paid into a community chest from which the injured parties or their families would be compensated.
Individuals could insure themselves against the accidental aspects of this law thus avoiding detention.

The fine levied by the court would include the cost of catching the guilty party.
Thus the lad who nicks a car, is persued by several police cars across several counties with a helicopter in persuit would pay a much heavier fine that the lad who gives up quickly.

shibredhed 14 Aug 2008, 11:45am

I agreee fines should be inreased and the uninsured made to pay the costs (whatever that is) but I do not agree wth jail. That just costs tax payers more money! Community Service is a better approach...

deanrog 14 Aug 2008, 12:19pm

New Zealand argues that only careless drivers need insurance so it's not compulsory. I'm not sure about that but it would be worth looking at their experience.

One thing is certain: making road tax dependent on having insurance is pointless since the insurance needs to be valid only for the day the tax year starts. The Italian system of having an insurance disc (which could be combined with the tax disc) is worth looking at. Cars with no insurance disc could then be clamped/towed/scrapped.

sparkyscientist 14 Aug 2008, 1:37pm

"Recent YouGov research shows that 87% of motorists feel that the Government doesn't do enough to prevent people driving without insurance."
I imagine the other 13% drive around without insurance...

GrahamMiller0 14 Aug 2008, 3:07pm

I think basic third party insurance should be provided by the Government, with the cost recovered through fuel prices. That way, no one can avoid being insured. Or for that matter, be uninsured through carelessness.

I dislike the "get everything with the MOT" idea. Why would people prepared to avoid insurance bother to get an MOT? Also, it would make for one huge bill to meet on one months salary.

sabretooth321 14 Aug 2008, 3:32pm

Driving illegally in UK-

Whilst reading the comments from fellow Fools, I do not think the matter is addressed fully and with enough vigour.
The fact that a person drives a vehicle knowingly for whatever reason i.e. without legal insurance cover, road tax, licence or full owners consent, it is an illegal act.

It would appear that the severity of any incident is being measured as, when or if damage to life or property has occurred.

Surely we should standardise the act as illegal along with attracting a severe penalty. Let us not pussy foot around, the potential must be realised at the commencement of the act.
Make the offence so serious, hit the perpetrator so hard (very hard), and stop the potential end result ending in a possibly fatality.

I can think of of places within the service of the country that the skills for such bravado or unsociable behaviour could be attuned to be part of the penitence, especially if the financial reward was meagre and the period prolonged

spedders 14 Aug 2008, 5:11pm

It is those people that cannot afford the insurance that do not pay it. Therefore all the comments above talking about increasing fines are pie in the sky, as higher fines will just increase the number of fine defaulters (which is already vast).
I think the idea of a government run compulsory minimum level of insurance, with the premiums added to the fuel tax (or, more reasonably, taken from the already exorbitant tax we pay at the moment), is a good one, it also addresses the fact that the more miles you drive, the more likely you are to have an accident.
Those people that then choose to insure comprehensively against other risks could do so at our own cost.
This would stop people being illegal, stop the creation of additional strain on the legal system and the police, allowing them to chase real criminals, and also reduce our premiums altogether.
Seems a win/win solution, except to the insurance companies.

McLeodC 14 Aug 2008, 5:17pm

Few people would disagree with the spirit of the article, but what has it got to do with the Motley Fool - a personal finance website?
It belongs on the discussion board of a motoring website.

EmmaLunn 14 Aug 2008, 5:37pm

It's on the Fool as the premiums insured drivers pay include a certain amount that covers uninsured drivers and / or compensates people injured by them.

As for a compulsory minimum insurance level being paid for via fuel tax, wouldn't that mean people that drive a lot and use a lot of fuel pay for those who don't use their cars so much? Is that fair?

topshare 15 Aug 2008, 9:18am

Seems to me that the UK is fundamentally out of control. The low-life who drives without insurance is more often than not also driving a vehicle without tax, without an MOT, and without a driving licence anyway. There are reckoned to be more than a million such vehicles on the road at any one time.

Until a zero-tolerance policy is adopted the situation will get ever worse as more and more people realise that they can get away with it.

Bring back the 'Stocks, rotten eggs and tomatoes'. This was the method by which anti-social louts realised that the rest of the community would not put up with such behaviour.

FunkyPinky 15 Aug 2008, 10:30am

It seems to me that adding VAT tax to the fuel, and then offering free NHS treatment in the event of an accident does pay for the legal minimum third party insurance in the UK.

It also makes sense that people who cannot afford to pay for the insurance, road tax, or MOT are unlikely to be clocking up a huge mileage. Consequently, they are not likely to be the biggest hazard on the roads.

Insurance companies do not offer legal minimum cover only, as far as I am aware.

This is because, the knock for knock agreements do not exist, and you are only covered if you are comprehensively insured.

It is a total farce, yet some people still believe it.

whiteburn 15 Aug 2008, 11:21am

Of course uninsured drivers get of scot-free.
The law has no teeth, and is no deterrent.
You need to look at the full statistics, this article, unfortunately does not.
All the above suggestions assume a degree of conformity, mot certs, buying petrol etc.
Who drives uninsured?
No one with assets.
Thieves.
'Joy riders'
under age
No driving licence.
Those already banned
Need I go on?
The law, as it stands and like most laws, only applies to those who are already basically law abiding and have something to lose by not conforming.
Whilst people are not held responsible for their actions in any meaningful way, the good people of this country will continually be at risk and will be picking up the bill for the lethal parasites in out midst.
Statistically, I would bet that more people are maimed/killed and more property damage by the uninsured driver than that coursed by terrorists, yet only a fraction of the money and man hours is applied to this home cultivated disease.

unobtainium38 15 Aug 2008, 11:54am

I totally agree with Whiteburn. The TYPE of person who drives uninsured is the problem. And because they are generally assorted layabouts, with little ability / conscience / driving skills / finance etc, they are vastly more likely to cause accidents than skilled drivers. The penalties for driving uninsured AND causing serious accidents must be very draconian. The end result is the same as murder, so why treat it differently?

OldElstonian 15 Aug 2008, 3:02pm

The seizure and destruction of the vehicle is usually a good deterrant, and is the current penalty for road-tax evaders, so I think this should be part of the minimum penalty for un-insured drivers also (although I assume if they're driving without insurance then they won't have tax either). Either way, the fines should be well in excess of what legal insurance would have cost them, otherwise driving uninsured could been seen as a Foolish option!

niw1964 16 Aug 2008, 7:31am

My live-in girlfriend's son drives around with no tax, mot or insurance. He thinks it's ok because he's unlikely to get caught and because the fines/punishment are nothing to worry about. He's just decided he now wants to park on my driveway just in case a traffic warden spots hit car. Of course, I've forbidden that. He's typical of several drivers I know and tbh with insurance costs the way they are for youngsters I can understand (although not agree) why he does as he does.

GrahamMiller0 17 Aug 2008, 5:20pm

I don't agree with seizure and destruction. By all means seize the car, but it should then be sold and the monies raised used to compensate victims.

johntanner1 27 Aug 2008, 4:56pm

Fines in this area are £200. This is ludicrous.

The Courts should be more robust, and the car seized to be either sold, or as it is probably unroadworthy - crushed.

This will take many unroadworthy cars off the road, thus reducing the number of serious accidents. No matter the amount of compensation in financial terms, lives are wrecked.

anubis1275 24 Oct 2008, 10:02am

If the TV adverts are to be believed the DVLA apparently have a huge database that can tell at a glance who has valid road tax on their car. Everytime I have applied for the road tax either on line or at the post office I have had to prove my car had insurance. At my previous job a manager had his car towed and crushed from outside his house as it had no tax. An insurance disc next to the tax disc is a simple solution to both problems, you don't display both, valid, then the car should be siezed. The driver should be given seven days to come up with both tax and insurance or the car is crushed. People like Clements should be made to pay for the rest of his life.

FunkyIndexFinger 24 Oct 2008, 10:49am

Whilst the principle of compulsion to buy and display is practiced within France for example, a Europe wide expansion of the policy seems to fail because of the political differences between different countries in Europe.

For example, such minimum basic insurance would have to be compulsory available. As it is currently at the discretion of insurers whether or not to offer insurance, then compulsory insurance is therefore not enforceable in law. This makes compulsory taxation discs unenforceable in law.

If instead, taxation discs were offered with basic minimum insurance included in the price, then the problem would be partly solved.

However, as taxation is already taken from fuel in the UK, in the form of VAT, and insurance for minimum basic emergency medical costs are covered under the NHS, then there is already a give and take system in operation.

I think crushing peoples cars will only serve to encourage people with hammers to go and crush government owned cars. For example who do the police insure with, and if they are not insured should anyone with a crushed car go along to a police car with a hammer?

I think your suggestion is ludicrous, and likely to inflame the situation rather than let it find a better solution. There must be a reason why the insurance is not being paid, perhaps addressing the cause of the problem rather than trying to police the resultant non complaince is a more sensible approach.

MK22 25 Oct 2008, 11:04am

Perhaps we need a different approach. For a start the fine should be at least (double?) the cost the owner/driver would have paid for the insurance. So if it would have cost you £800 to be insured the minimum the fine should be is £800 (or perhaps much more). Then there is the question of whether you and/or the car were fit to drive. Surely if you kill some one when you or the car are unfit that is at least manslaughter and should carry, what, 10+ years in prison? Why is killing someone with your car when you are drunk so much more socially acceptable than killing someone with a knife when you are drunk?

FunkyIndexFinger 25 Oct 2008, 11:35am

I think you are losing the plot somehow.

What we are talking about is non payment of money, not killing people indiscriminately and with intent.

You are making a huge leap and unwarranted assumptions into the area where I would expect most of the killers on the road are indeed paying their road tax and insurance.

You have to separate what is a purely monetary issue, from what is in your mind distorted.

S1000 25 Oct 2008, 7:01pm

Ownership and use of a car is not a human right.
If you cannot afford to buy, maintain, insure, and mot a vehicle then you cannot have one.
To that extent this is a monetary issue but, when you cause or contribute to someones death or injury as a result of avoiding these expenses, the punishment should reflect the severity of the crime just as it tends to in other spheres of the law.
If an uninsured driver had failed to make payment on a loan he would be pursued through the courts by the lender and would probably end up having all his assets seized and be made bankrupt. Why should an uninsured driver not be similarly pursued for the money he owes to his victims in compensation for death, injury or damage?

MK22 27 Oct 2008, 9:46pm

Hmmm, touchy. But I assume you accept the principle that you shouldn't be able to gain by not taking out insurance. Sorry, I'm not an anarcist, I believe in people taking responsibility.

theyhaveallgone 19 Nov 2008, 8:26am

Uninsured vehicles ARE seized!

The Motor Insurance Database (MID) has a record of every insured vehicle in the UK so the police can tell immediately if a car has valid insurance. If you renew your car tax online or over the phone, the DVLA use the MID to see if your vehicle is insured. You can even check online if your vehicle is on the MID at http://www.askmid.com

Now that more and more police cars are equipped with ANPR (Automatic Number Plate Recognition) cameras, it's becoming pretty hard for uninsured drivers to use the roads, as if they pass a police car with an ANPR camera, an alarm automatically sounds inside the police car to warn officers that the camera has spotted an uninsured (or untaxed, expired MOT etc.) car, the officers can then pull the uninsured car over. Unless the driver can prove that the car is insured (and the police will call the insurance company to check), the vehicle will be seized. Once a vehicle has been seized the owner/driver has 14 days to produce the correct documents at a police station or it will be sold or crushed.

Static CCTV cameras are also being used as ANPR cameras so CCTV control room operators can inform officers on the ground of uninsured drivers passing the cameras. Police forces around the country also set up ANPR camera vans on certain key routes to detect uninsured drivers, as well as other criminal activity such as stolen vehicles, vehicles used to commit crimes etc. Once detected, they will be pulled over by a police vehicle waiting further up the road. It won't be long before all police cars are fitted with ANPR cameras so I think uninsured drivers have had their day!

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