My daughter has just had an accident in her car fortunately no one was hurt but there is damage to both vechicles.
We have just found out what I feel is a really unfair situation. There is a  query as to who was to blame could be knock for knock Our insurance company is investigating BUT we have now found out that the other party was not insured !! however despite this they can still claim off my daughter if it is deemed her fault.
I am furious to think that an uninsured drive who should not be on the road can claim which effectively means we have paid our insurance and now she is going to pay again next year if she loses her ncb and as daughter is 3rd party she has to pay for her damages as well
" the law is an ass" surley if you are not insured you should not be able to claim
I am one very cross mum.

I absolutely agree that uninsured drivers should not be on the road, and presumably the driver will be charged by the police. However, I don't think not owning insurance yourself should stop you being able to claim if someone else runs in to you. What if a driver hits an uninsured pedestrian, that pedestrian should be able to seek damages. Same with other road users like cyclists, horse riders etc.

Yes i agree in the circumstances you describe it just seems that say if you have an accident with an uninsured driver and you are at fault the fact that they are commiting an offense should they still be able to claim off you ?

The bit about the police is curious as no one was injured police were not involved at the time , they are not interested if no injuries. Since then we have reported our findings to them and are having difficulty reporting it seems there is only one form and it doesn't included anything about insurance although we have been told to complete the form so we are adding an extra page. very odd.
Any police officers around with advice ?
All in all I have had enough of this week its been a bad one with other family stuff too

Those situations are different so of course they should be able to claim.  I do not believe that an unregistered driver should be able to no matter what the circumstances are as they are driving illegally.  I would contact the police as these people at the very least should start paying insurance.

That's outrageous, not only shouldn't they be able to claim a penny from your daughter's insurance, they should bloomin well be prosecuted!  If they hadn't been driving on the road because legally they shouldn't have been, the accident wouldn't have happened involving them in the first place.  Can't you seek legal advice or something about whether you could take them to court should they try and claim?  Grrrrrrr, cross for you!

My car got hit by a woman a few years back--it turned out it was her boyfriend's car, she wasn't insured to drive it and he had the cheek to say he didn't know who she was when the police traced him through the car registration! My premium nearly doubled and she got off scotfree as far as I know. So my sympathies to your daughter, furriefriends, I know how aggravating it must be for her.

Thanks sleepinglion and others thats exactly where I am coming from even if my daughter was at fault and Ii am trying to stay neutral on that one thats our insurance companies job to sort out.  I still feel its outrageous that an illegal driver can claim off the other party when they shouldnt be on the road in the first place. If the other party is found to be to blame we can go through the motor insurers bureaux to try and claim something
So far all the advice I have found says the way our laws work, they could if the police wish, prosecute for no insurance but  thats down to the police, they can regardless of prosecution still claim off my daughter for their damages. We have reported to the police so will leave it to them. Now we just have to wait for  what
the insurance company decides
No doubt I will get over it but it does annoy you when you think how much this contributes to the cost of car insurance just needed to vent my feelings

Outrageous. Your daughter should not have to foot the bill of an uninsured driver.

Im sorry to hear about your daughters accident.  This is something that makes me very mad too.  A few years ago I was hit from behind while I was stationary.  The young bloke driving (with a baby in the car) hit me so hard that he wrote his car off.  I had an idea that he might not be insured (even tho he said he was) and I reported it to the police straight away (I think your supposed to do it within 24hrs).  It was pointless because even tho he wasnt insured the police did nothing.  I had legal representation with my insurance policy and basically they couldnt do anything either. He was living in a council property, on the dole with no money so tough on my part.  Very very annoying and just not fair to those of us who spend hundreds of pounds a year insuring our cars as we should.

The motor insurers bureau accepts claims from people who have been the victim of an uninsured driver. I don't think it covers you if you have fully comprehensive insurance but it does if you are third party only - details here

> The motor insurers bureau

My daughter was hit by an uninsured driver who drove off. He was traced and eventually these people dealt with it all. It took well over a year but eventually DD got a pay out..
Hope your daughter is ok...

Thanks for the link . It is getting more peculiar by the day. Have recieved solicitors letter from the other party claiming off my daughter but according to their statement they are insured fully comp but are choosing not to go through their insurance and using a solicitor. According to the insurance data base and their insurance company there is no policy on that car.
The crux of this one is if our insurance company find my daughter liable then we pay out if the other way round we will go through the MIB. Still think if they do not have insurance cover they should not be able to claim

but  hay hoe who ever said life was fair ?

First of all, glad daughter is unharmed!

We were hit by an uninsured driver, middle of the night, my neighbour caught the guy.  It turned out he was uninsured and tried a number of things to get out of it, not his car, out on a test drive, his uncle could fix ours.  Our car was off the road for over 4 months because of the extent of the damage. 

At the end up, I lost my no claims bonus, lost all my excess and he got a slap on the wrist when it came to court (not that i was advised of the court date).   The m.i.b weren't interested when I called, the money involved wasn't enough if I remember correctly. 

So although my car was parked up and empty, I ended up footing the bill and lost out.  I can not express how much I detest uninsured drivers.