Being hit by another vehicle is stressful enough. Discovering that the driver had no insurance — or that they sped off and can’t be traced — can feel like the final blow. If they weren’t insured, who pays for your injuries and your written-off car?
The good news: you are not left with nothing. If you’re hit by an uninsured driver, or by a hit-and-run driver who can’t be found, you can usually still claim compensation through the Motor Insurers’ Bureau (MIB). This guide explains how a claim against an uninsured driver works in England and Wales, what you can recover, and the strict deadlines you must not miss.
What is the Motor Insurers’ Bureau (MIB)?
The Motor Insurers’ Bureau is a not-for-profit body funded by a levy on every insured motorist in the UK. It exists to compensate innocent victims of uninsured and untraced drivers — effectively acting as the “insurer of last resort” so that a driver’s failure to insure their vehicle doesn’t leave you out of pocket.
Around one in ten drivers on UK roads is thought to be uninsured or under-insured, so these claims are far more common than people realise.
Two situations, two MIB schemes
Which route your claim follows depends on whether the other driver can be identified:
| Uninsured Drivers Agreement | Untraced Drivers Agreement | |
|---|---|---|
| When it applies | The driver is identified but has no valid insurance | The driver can’t be traced (e.g. a hit-and-run) |
| Personal injury | Covered | Covered |
| Vehicle & property damage | Covered (a small excess may apply) | Covered only in limited cases — usually where there is also a significant injury |
| Key requirement | Report to police; cooperate with the MIB | Report to police promptly and get a reference; strict short deadlines apply |
What can you claim for?
A claim against an uninsured driver is valued in much the same way as an ordinary car accident claim. You may be able to recover:
- General damages — for the pain, suffering and loss of amenity caused by your injuries (from whiplash to serious, life-changing injuries).
- Loss of earnings — income lost while you recover, including future losses in serious cases.
- Treatment and rehabilitation — physiotherapy, private medical care and support.
- Vehicle damage and out-of-pocket costs — repairs or the value of a written-off car, plus travel and care costs (subject to the rules above).
Not sure what your injury might be worth? Our car accident compensation calculator gives an instant, indicative guide.
What to do if you’re hit by an uninsured or untraced driver
The steps you take in the first few days can make or break an MIB claim:
- Report it to the police straight away. This is essential — especially for a hit-and-run — and the MIB will expect a police reference number. Strict short deadlines apply under the Untraced Drivers Agreement, so don’t delay.
- Gather evidence at the scene. Photos of the vehicles, the location and any damage; the other vehicle’s registration if you saw it; and the names and contact details of any witnesses.
- Get medical attention. See a doctor or attend hospital, even if injuries seem minor at first — your medical records are key evidence.
- Keep records of your losses. Repair estimates, receipts, payslips and anything else showing what the accident has cost you.
- Speak to a solicitor before submitting a claim. MIB claims follow their own procedures and deadlines, and small mistakes can reduce or bar an award.
Is there a time limit?
Yes — and it’s easy to fall foul of. For personal injury, you generally have three years from the date of the accident to bring a claim (under the Limitation Act 1980), with different rules for children and those who lack capacity. But the Untraced Drivers Agreement imposes much shorter reporting deadlines — you must report the accident to the police within days, not weeks. The safest course is always to act immediately.
Do I need a solicitor for an uninsured driver claim?
You can approach the MIB directly, but these claims are more complex than a standard motor claim: there are two different agreements, strict procedural conditions, and the MIB will scrutinise your evidence closely. A specialist solicitor makes sure the claim is presented correctly, the deadlines are met, and your compensation is valued properly — usually on a No Win No Fee basis, so there’s no financial risk to you.
How Din Solicitors can help
Our road traffic accident team handles claims against uninsured and untraced drivers across England and Wales on a No Win No Fee basis. We deal with the MIB on your behalf, gather the evidence, arrange your treatment and fight for the full compensation you deserve — so a stranger’s failure to insure their car doesn’t cost you.
For related guidance, read our step-by-step guide to road traffic accident claims and our article on credit hire and replacement vehicles after a non-fault accident.
If an uninsured or untraced driver has injured you, get in touch for a free, no-obligation chat about your options.
Frequently asked questions
Can I claim compensation if I was hit by an uninsured driver?
Yes. If you’re hit by an uninsured driver in England or Wales, you can usually claim compensation through the Motor Insurers’ Bureau under its Uninsured Drivers Agreement, covering your injuries and, in most cases, your vehicle damage.
What if the driver drove off and can’t be traced?
You can still claim through the MIB’s Untraced Drivers Agreement, which compensates victims of hit-and-run drivers. You must report the accident to the police promptly and obtain a reference, as strict deadlines apply.
Who pays the compensation if the driver had no insurance?
The Motor Insurers’ Bureau pays. It is funded by a levy on every insured motorist in the UK and acts as the insurer of last resort for victims of uninsured and untraced drivers.
How long do I have to make an uninsured driver claim?
For personal injury you generally have three years from the date of the accident, but the Untraced Drivers Agreement sets much shorter deadlines for reporting the accident to the police, so you should act immediately.
Will making an MIB claim cost me anything?
Most solicitors, including Din Solicitors, handle uninsured driver claims on a No Win No Fee basis, so there is no upfront cost and nothing to pay if the claim is unsuccessful (a success fee may apply if you win).
This article provides general information about claims against uninsured and untraced drivers in England and Wales and is not legal advice. For advice on your specific situation, please contact Din Solicitors.