If you are hit by a driver who has no insurance, or you cannot find them, you may not be able to claim in the usual way. In many cases in England and Wales, you claim through the Motor Insurers’ Bureau (the “MIB”).
The MIB is an organisation that can pay compensation when a driver is uninsured or has driven off after an accident.
If you are hit as a pedestrian, the basics are the same. You still need to show the driver was at fault and caused your injuries. The main difference is who pays you: the MIB, not an insurance company.
1. If The Driver Is Uninsured
If you know who the driver is, but they are uninsured, the usual steps are:
- Report the accident to the police and, if needed, to your own insurer.
- Collect evidence (for example, witness details, photos, CCTV/dashcam footage, medical records, and proof of any money you have spent as a result of the accident).
- Make a claim to the MIB under the uninsured driver’s scheme (instead of claiming from an insurer).
The MIB will check what happened, decide whether the driver was at fault, and how much your claim is worth.
If your claim is accepted, the MIB will pay compensation. Essentially, the MIB takes the place of the driver’s insurer. You still need to show the driver was at fault and provide proof of your injuries and any costs or losses.
2. If the Driver Cannot be Traced
If the driver drove off and you do not know who they are, this is a hit-and-run claim.
You should usually:
- Report it to the police as soon as you can and keep the crime/incident reference number.
- Do what you reasonably can to identify the driver/vehicle (for example, get witness details and ask for CCTV/dashcam footage).
- Make a claim to the MIB under the untraced driver’s scheme (instead of claiming from an insurer).
The MIB will decide if it is likely the other driver was at fault (based on the evidence).
Because the driver is not there to give their version of events, the MIB will often check the evidence very carefully. You will usually need to show the accident happened as you say, and you did what you reasonably could to try to identify the driver.
Important: If the driver cannot be identified, you normally cannot start a court claim against “an unknown driver” just to try to get an insurer involved. The usual route is to claim through the MIB.
3. What Evidence Will the MIB?
The MIB will usually ask for evidence such as:
- The police reference number and report details
- Witness details (and statements if available)
- Photos of the scene and your injuries
- CCTV or dashcam footage (if there is any)
- Your hospital and GP records
- A medical report from an independent doctor
- Proof of your costs and losses (for example wage slips, invoices, and receipts)
If you were walking, details about how the accident happened are especially important. The MIB may focus on:
- where you were crossing and how you crossed;
- the road layout and how clear the view was;
- how fast the vehicle was going and what the driver should have seen;
- whether there were traffic lights or a pedestrian crossing; and
- whether you may be said to share some blame (this can reduce compensation).
4. How The MIB Decides Your Claim
When the MIB looks at your claim, it will usually decide:
- If the driver was at fault
- If the accident caused your injuries
- How much compensation should you get
For hit‑and‑run claims, the MIB will only pay compensation if the evidence shows it is likely the unknown driver was at fault and caused your injury.
5. What Can You Claim For?
If your claim succeeds, compensation may include amounts for:
- your pain and suffering;
- past and future loss of earnings
- treatment and rehabilitation costs;
- travel costs;
- any care and help you needed; and
- other reasonable expenses you can prove with receipts
6. Claiming For Damaged Property in Hit-And-Run Cases
If you are injured in a hit‑and‑run, it can be harder to claim for damaged property than it is to claim for your injuries.
The MIB will not usually pay for property damage if another policy has or could have paid. For example, if your own insurer has paid for a vehicle write‑off, recovery, or storage, you will not usually be able to claim the same amounts again from the MIB.
You may be able to claim uninsured amounts, for example, your policy excess. Even then, hit‑and‑run property damage claims have extra conditions and a £400 excess applies.
7. Claims Started in The Online Injury Portal
Some low value injury claims start in the Official Injury Claim (OIC) portal (an online claims system).
If your case is an MIB claim, it may not be dealt with in the portal, for example because there is no insurer or no address for the other driver, this is common in hit‑and‑run cases.at fault.
8. Time limits
Most injury claims must be started within 3 years of the date of the accident.
Different rules can apply for children and people who cannot manage their own affairs.
Even if you have plenty of time before the limit, it is best to report your accident as soon as possible and get legal advice early, especially for hit‑and‑run claims. Waiting can make it harder to gather evidence, and that can affect the outcome.
If you were injured as a pedestrian, you can still claim compensation even if there is no insurer and your claim will be dealt with through the MIB scheme instead of dealing with a normal insurance company.
How Can We Help?
Being involved in an accident with an uninsured or untraced driver can be an overwhelming experience, but the MIB provides an essential safety net for those seeking compensation. By following the proper steps – reporting the incident, gathering evidence, and reaching out to the MIB – you can secure the compensation you deserve. Seeking legal advice can make the process smoother and more effective, ensuring you receive the maximum compensation available.
If you’ve been injured in an accident with an uninsured or untraced driver, contact our specialist personal injury solicitors for expert advice. We’re here to help. Call us on 01244 568 535, email us at info@whatsmyclaimworth.co.uk or use our Claims Calculator to see how much your claim could be worth and we’ll get in touch to discuss your potential claim.