An uninsured driver claim is a compensation claim brought against the Motor Insurers’ Bureau (MIB) when the driver who caused a serious road traffic injury has no valid insurance, or cannot be identified or traced at all. The MIB acts as compensator of last resort, funded by a levy on the UK’s insured motorists, so a seriously injured claimant is not left without a route to compensation.
Being hit by a driver who was never insured, or who fled the scene, leaves many injured people unsure who to claim against. The process exists precisely for that situation, and it runs alongside, not instead of, the ordinary rules that govern any serious personal injury claim.
What is an uninsured driver claim?
An uninsured driver claim is a formal claim made under one of two MIB agreements, depending on whether the responsible driver is known but uninsured, or never identified. Where the driver is known but has no valid motor insurance, the claim proceeds under the Uninsured Drivers Agreement 2015. Where the driver flees or cannot be traced, a genuine hit and run, the claim proceeds under the Untraced Drivers Agreement, and this is the specific route for an untraced driver hit and run claim.
Both agreements exist because the driver at fault has no insurer standing behind them. The MIB steps into that gap so the claim can still be investigated, valued and paid, using broadly the same evidence and legal tests as a claim against an insured driver.
How does an uninsured driver claim work?
An uninsured driver claim follows the same evidential and procedural stages as any serious road traffic injury claim, with the MIB (rather than a defendant’s insurer) responding. The stages are:
- Early evidence preservation – photographs of the scene and vehicles, witness details, any CCTV or dashcam footage, and a police report where the accident was reported.
- Medical evidence gathering – GP and hospital records, and often an independent medical examination to confirm diagnosis and prognosis.
- The letter of claim – sent to the MIB (or the driver’s insurer, if later identified) setting out how the accident happened and the injuries sustained, in line with the Civil Procedure Rules’ pre-action protocol for personal injury claims.
- A response period – during which the MIB investigates liability and may request further evidence.
- Negotiation – on liability and on the value of the claim, based on medical evidence and financial losses.
- Issuing proceedings, if needed – most claims are issued in the County Court, with higher-value or more complex cases issued in the High Court, though many claims settle before this stage.
The Limitation Act 1980 sets the standard time limit at 3 years from the accident, or from the date of knowledge of the injury. Where the claimant is a child, that 3-year period runs from their 18th birthday, so a claim can be brought up to their 21st birthday. Where a claimant lacks mental capacity, time is suspended under section 28 while the incapacity continues.
Who can bring an uninsured or untraced driver claim?
Anyone seriously injured by a driver who was uninsured, untraced, or driving a stolen or unregistered vehicle can generally bring a claim through the MIB. This covers drivers, passengers, cyclists and pedestrians hit by such a vehicle, and it applies whatever type of vehicle caused the injury. Riders injured by an uninsured or untraced driver should also see our dedicated guide to motorcycle accident claims for the specific evidence and injury issues that arise on two wheels.
Emaari Legal handles the serious end of this claim type: brain and head injury, spinal cord injury, amputation, serious fractures, and psychological injury such as PTSD following a road collision. Where the accident results in a death, the claim proceeds under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, and a fixed statutory bereavement award of £15,120 applies where the death occurred on or after 1 May 2020 (£12,980 for earlier deaths).
How much compensation can you claim after being hit by an uninsured driver?
Compensation in an uninsured driver claim is assessed the same way as any serious personal injury claim: general damages plus special damages. There is no fixed figure, the amount depends entirely on the injury, its prognosis, and the claimant’s financial losses.
| Head of loss | What it covers |
|---|---|
| General damages | Pain, suffering and loss of amenity, valued by reference to the Judicial College Guidelines and medical prognosis evidence |
| Special damages | Loss of earnings, care and case management, rehabilitation, medical costs, and home or vehicle adaptations |
| Bereavement award (fatal claims) | Fixed statutory sum of £15,120 for deaths on or after 1 May 2020 |
Where a claim succeeds under a Conditional Fee Agreement, any success fee is capped by law at 25% of the general damages plus past financial losses, not future losses.
Does an uninsured driver claim actually get paid?
An MIB claim results in payment from the MIB’s own fund, not from the driver personally, because the driver has no insurer to indemnify them. The MIB is maintained by contributions from every UK motor insurer, which is why it can compensate genuine claimants even where the person responsible has no assets or has never been found.
The strength of any claim still rests on the same evidence as an insured claim: police reports, witness accounts, and medical records establishing prognosis and loss. Untraced driver claims require particularly thorough scene evidence, since there is no defendant to question about how the collision happened.
Who provides the compensation in a hit-and-run or uninsured driver claim?
The MIB provides the compensation directly where no insurer can be identified, standing in the position a defendant’s insurer would normally occupy. Where the driver turns out to have some insurance but was driving outside its terms, or where a genuinely uninsured driver is later identified, the MIB may still be the correct party while investigations continue, or liability may pass to an identified insurer.
This is distinct from a criminal injury claim through the Criminal Injuries Compensation Authority (CICA), which applies to violent crime rather than road traffic collisions and carries its own 2-year time limit.
Does your own insurance cover a claim against an uninsured driver?
Many comprehensive motor policies include an “uninsured driver promise”, which protects the policyholder’s no-claims discount and covers the policy excess if they are hit by an uninsured driver. This sits alongside, not instead of, a personal injury claim through the MIB, the promise deals with vehicle damage and excess, while the MIB claim deals with the injury itself.
Some claimants also hold before-the-event (BTE) legal expenses insurance, often bundled into a motor or home policy. Whether this applies to a particular case is checked during Emaari Legal’s free consultation, alongside a Conditional Fee Agreement as a funding route.
What should you do next?
Anyone seriously injured by an uninsured or untraced driver should preserve evidence quickly and take specialist advice before the Limitation Act 1980 time limit runs. Emaari Legal offers a free consultation to assess an uninsured driver claim, and will send a solicitor to visit a seriously injured claimant at home or in hospital within 24 hours where this is needed.
The wider rules for road cases sit on the road traffic accident claims page, and the sequence a claim follows is in the personal injury claims process guide.
Frequently Asked Questions
Can you claim compensation from an uninsured driver?
Yes. Where the driver responsible has no valid insurance, the claim is made against the Motor Insurers’ Bureau under the Uninsured Drivers Agreement 2015 rather than against the driver personally.
Can you claim against someone with no insurance?
A claim against an uninsured individual is generally pursued through the MIB, since pursuing an uninsured person directly rarely results in payment even if a court awards damages against them.
Is an uninsured driver’s promise worth it?
An uninsured driver promise within a comprehensive motor policy protects the no-claims discount and covers the excess after being hit by an uninsured driver; it does not replace a personal injury claim, which is pursued separately through the MIB.
Will my insurance go up if I make a no-fault claim?
A genuinely no-fault claim against an uninsured or untraced driver, made through the MIB, should not affect the claimant’s own no-claims discount in the way an at-fault claim might, though this depends on the individual policy terms.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Get a free assessment of your uninsured or untraced driver claim.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).