How to claim against an uninsured driver.

Most of us wouldn't dream of getting behind the wheel without insurance, but lots of people think differently.

It's estimated that there are one million uninsured vehicles in the UK and hit and run accidents are on the rise.If you've been the victim of an accident caused by a driver without insurance you are not on your own as you can apply for compensation from the Motor Insurers' Bureau (MIB).

The MIB is a non profit organisation funded by insurance companies to compensate victims of both uninsured and untraced driver accidents.
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Uninsured Motorist Definition

A person driving without an appropriate or valid motor insurance policy, can include:

• Vehicles identified by the police as stolen or unlawfully taken
• A vehicle involved in an accident that was insured for a person who was not driving at the time
• A driver operating under an expired or invalid policy
• Where a policy is in place but the insurance company refuses to pay out or indemnify 

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What can a claim against a driver without insurance include?

​A compensation claim can include the pain and suffering associated with a physical or psychological injury, ongoing rehabilitation  for serious injuries and any medical treatment required.

The claim to the MIB can also include property damage such as the cost of repairing or replacing your vehicle, temporary car hire charges and loss of use.

The MIB will only pay out in the absence of any other insurance policy, so you may be required to claim some losses from your own comprehensive insurance if this is in place. However if this means that you've had to pay a policy excess you can claim this from the MIB.
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How do I know if I am eligible for compensation uninsured driver accident?

​The MIB has a strict set of criteria for who is entitled to make a claim under their Uninsured Drivers' Agreement, but as a general rule you can make a uninsured driver claim if:
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• The driver of the vehicle that was responsible for the accident was not insured to drive it
• Accident took place in the last three years for an injury claim
• Accident took place less than six years ago for a property damage claim
• You reported the accident to the police with 14 days of injury and 5 days for property damage
• You've kept your losses to the minimum
• Accident occurred in the UK (inc. Isle of Man, Channel Islands and Gibraltar)

​The MIB may also reject any passenger claims if you were aware or suspected the driver was uninsured when you entered vehicle.
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Do I need a solicitor for an uninsured accident claim?

The Motor Insurers' Bureau Uninsured Drivers'  Agreement has many requirements that must be complied with in order to receive compensation. So while a personal injury solicitor may not need to be instructed to deal with your claim, they will be able to appropriately evaluate your injuries and ensure you claim a compensation that covers all your expenses.​​

The MIB can be contacted by you directly to submit a claim for free and they provide helpful documentation on how to complete the various online online claim forms and procedures. As part of your claim submission you will also need to provide:

• The circumstances of the accident including police references and witnesses.
• Why you believe the other driver was at fault and relevant evidence to support.
• Accurate recording of losses and injuries you wish to claim for.  e.g. evidence of property damage, vehicle repair or write off costs, injuries sustained, treatment sort, loss of income etc.

Once an online claim is submitted the MIB will start their investigations by first contacting the police for a copy of their report. The MIB may then come back to you with further requests for information over the course of several months.

Claim Against Uninsured Driver.

​If you feel confident to deal with the claim yourself, the first step is to read the MIB's Guide to Making a Motor Insurers' Bureau Claim. It's only a short document and will provide a good overview of the process.

You should then register on the MIB website and start your online uninsured driver claim. 

If you prefer to instruct a solicitor to handle your accident claim, then the Law Society's Find a Solicitor search feature may assist in locating a suitable law firm.