How to claim if you're hit by an uninsured driver in the UK

What to do if you have an accident with an uninsured driver 

If you’re involved in an accident, your first priority should be making sure you and any fellow passengers are safe. Check yourself for physical injuries and, if necessary, call 999 for medical assistance. 

Once you’re in a safe place, report the accident to the police. 

In the UK, it’s a legal requirement under the Road Traffic Act to exchange details in the event of an accident. So, if you’re able to, you should get the name, phone number, address, and vehicle registration number of the other driver involved in the collision. 

It can also be helpful to get the contact details of any witnesses at the scene. And, if it’s safe to do so, you might want to take photos of the damage, as this can help support a future car insurance claim.

Even if you don’t plan on making a claim on your policy, it’s crucial you contact your insurer and report the incident as soon as possible. 

In some cases, your insurer can help you find out the other party’s insurance details - so it’s always worth asking when you report the incident. However, you can also get this information via the Motor Insurance Database’s (MID) online service. 

How can I tell if I’ve been hit by an uninsured driver?

While it can be difficult to determine someone’s insurance status immediately after you’ve been hit, there are warning signs to look out for. If the other driver acts evasively at the scene and avoids giving you their details, this could be an indication that they’re not insured. 

Asking for their insurance certificate and driver’s license, and taking note of their vehicle registration, can also help you establish their insurance status. 

If they refuse to provide documentation - or if the information they share sounds suspicious or conflicting - you might want to consult the MID. Using the online service, you can check if the vehicle is insured in the UK. 

What is an uninsured driver promise? 

An uninsured driver promise is a type of benefit included in most comprehensive car insurance policies. It’s put in place to make sure you don't lose out financially if you’re hit by a driver who doesn’t have insurance. 

As long as you’re able to prove the accident wasn’t your fault, the uninsured driver promise will guarantee your no-claims bonus isn’t affected. Plus, any policy excess you pay will be fully refunded - or waived altogether. 

However, it’s crucial you secure the uninsured driver’s details in order for your uninsured driver promise to be valid. As the non-fault driver, it’s your responsibility to obtain the car registration number and contact details of the other party involved. 

If you’re involved in a ‘hit-and-run’ scenario, the promise may not apply and you could lose out on your no-claims. However, every policy is different, so it’s always worth checking the specific terms of your cover.

How can I claim compensation after an accident with an uninsured driver? 

There are two options for claiming against an uninsured or untraced driver, and each may have a different effect on your car insurance costs in the long term.

If you have comprehensive insurance, you can claim for any damage through your own insurance provider. However, if your comprehensive cover doesn’t have an uninsured driver promise, it’s likely you’ll lose some or all of your no-claims bonus.

Alternatively, you can make a claim through the Motor Insurers’ Bureau (MIB), a non-profit organisation which compensates victims of uninsured or untraced drivers. Depending on your situation, you’ll be able to claim via one of two routes: 

• MIB Uninsured Drivers’ Agreement - For when the third party’s details are known but they are uninsured. This agreement typically covers claims related to personal injury, property and vehicle damage.
• MIB Untraced Drivers’ Agreement - Applies to hit-and-run cases where the third party’s personal information is not known. This covers similar losses - however, the rules on what you need to claim and what you’re entitled to differ. 

What about an untraced driver (hit-and-run)? 

Being involved in a hit-and-run situation can be distressing. However, while it often makes the compensation process more challenging, it is still possible to make a claim. 

If you don’t have a comprehensive policy, your claim can be submitted through the MIB Untraced Drivers’ Agreement. However, the evidence requirements tend to be stricter for cases where the third party’s identity isn’t known. 

For your claim to be successful, you’ll need to provide the following evidence: 

• Your name, address, and contact information
• A Crime Reference Number and police report
• Accident specifics, including the time, location and details of what happened
• Witness statements or photographs taken at the scene
• Details of any injuries or damage sustained.

Remember: If you already have a comprehensive car insurance policy, you might not be able to make a claim via the MIB. Typically, you’ll have to claim on your own insurance instead. 

If the other driver involved remains unidentified, this can result in you losing your insurance benefits and having to pay your excess in full.

How does the Motor Insurers’ Bureau (MIB) process work? 

When you’re ready to submit your claim, you can do so via the MIB website. Depending on whether you’re claiming against an uninsured driver or an untraced driver, you’ll be directed to a digital form to fill out. 

It’s important you include as much information as possible in your form when making a claim. You’ll also need to submit supporting documentation, such as a police report. And, if you’re claiming for personal injury, relevant medical records may be required, too. 

Once you’ve completed the form, you’ll receive a claim reference number and the MIB will start its investigation, which can take upwards of three months. 

This process involves establishing the facts of the incident and confirming the identities of those involved. To do this, the MIB may get in contact with the DVLA, your insurer, or a foreign bureau. 

Once the investigation is complete, the MIB will write to you and confirm the outcome of your claim. If you're eligible for compensation, this will be paid to you. If your claim is unsuccessful, you have the option to appeal the decision. 

Throughout the process, it’s crucial that you adhere to MIB deadlines. In most cases, you’ll have three years from the date of an incident to make a claim. 

Can an uninsured driver claim against me? 

Yes - if the accident is deemed to be your fault, the other party can make a claim against you, and your insurance might pay out. However, they also risk being prosecuted or fined for having no insurance.

What is the cost of uninsured driving? 

Uninsured driving puts everyone at risk. Each year, thousands of people are injured or killed in accidents caused by drivers without insurance. The financial cost of these claims is covered by the insurance premiums paid by other drivers, which means law-abiding motorists ultimately help pay for the damages caused by uninsured drivers.

Uninsured vehicles are also more likely to be involved in collisions or used in criminal activity, increasing the danger for other road users.

The MIB works with authorities through schemes like Continuous Insurance Enforcement (CIE) to reduce the number of uninsured vehicles on the road and help protect drivers.