Accident with an uninsured driver: who pays?

No insurance on their side does not mean no compensation on yours.

The answer in 2 lines. If the driver at fault has no insurance or drove off, start with your own insurer: what it covers depends on your policy. Beyond that, the Motor Insurers' Bureau (MIB), a fund paid for by motor insurers, can compensate victims of uninsured and untraced drivers, under conditions. Report the accident to the police (within 14 days for a hit-and-run), tell your insurer, and claim from the MIB online. Time limits: usually three years for injuries and six years for damage in England and Wales, but hit-and-run (untraced driver) claims, especially for damage, have shorter limits: check with the MIB straight away. If anyone is hurt or in danger, call 999.

The first 3 steps

Write down the registration number, the driver's name and address, the make and colour of the car, any witnesses, and take photos.
Call the police if the driver refuses to give details, has no insurance or drives off. Use 999 if there is danger or a crime in progress, otherwise 101. Note the crime or incident reference.
Tell your own insurer straight away, even if you were not at fault, and say the other driver seems to be uninsured.

Stop: danger

Someone injured or a driver who turns aggressive: call 999. Do not try to stop someone who wants to leave: note the registration number instead.
Cars in a live lane on a fast road: get everyone to a safe place away from the traffic before anything else.

Who pays for what

Situation	Who may pay
You have comprehensive cover	Your insurer repairs your car under your policy (excess possible), then tries to recover the cost. Some policies include an "uninsured driver promise" that refunds the excess and protects your no-claims discount: read the wording, it often needs the other car's registration
You only have third-party cover and the driver is identified but uninsured	The MIB, for vehicle damage and injuries, under conditions
Hit-and-run: the driver is never traced	The MIB, mainly for injuries; claims for damage to your car are more limited: check with the MIB
You are injured	The MIB if no insurer covers the driver at fault; any personal accident cover on your own policy

The MIB describes itself as a fund of last resort: if it traces the driver and finds they were insured after all, your claim is passed to their insurer. An excess or limits may apply to damage claims: check them with the MIB before you claim.

How to claim from the MIB

Start with the MIB eligibility page: it lists who can claim (accident in the UK, uninsured or untraced driver, false details given, foreign vehicle).
Then go to Start a claim and register on the online portal. Allow about an hour: later questions depend on your earlier answers. A relative or a solicitor can submit it for you.
Have ready: your details and insurance details, the accident location, the police reference, photos, witness details, repair estimates or invoices, and medical records if you were hurt.
The MIB investigates (a few months for simple cases, longer for complex ones), then makes a decision you may be able to appeal. Questions: 01908 830001.
Time limits: injury claims within three years of the accident; damage claims within six years in England and Wales (five in Scotland). Hit-and-run (untraced driver) claims have shorter limits, especially for damage to property: check them with the MIB before anything else.

What not to do

Accepting cash at the roadside from a driver who cannot show proof of insurance.
Not reporting to the police: for a hit-and-run, the MIB needs a police report made within 14 days, before your claim.
Leaving it too long: the time limits run from the date of the accident, not from when you find out the driver was uninsured.

What the uninsured driver faces

Driving without at least third-party insurance is illegal. The police can give a £300 fixed penalty and 6 penalty points; in court, the fine is unlimited and the driver can be disqualified.
The police can seize, and in some cases destroy, a vehicle driven uninsured.
If the MIB pays you and the driver was identified, it may try to recover the money from them.

If you disagree with your insurer

Complain to your insurer in writing first. It usually has up to 8 weeks to send a final response.
If you are unhappy with that answer, or have had no reply after 8 weeks, you can go to the Financial Ombudsman Service: follow the steps on that page and fill in the online form. It is free and you have six months from the final response.
Citizens Advice can help you through the process.

Good to know

If you did not exchange details at the scene, the law gives drivers 24 hours to report the accident to the police (GOV.UK).
Check your own vehicle's insurance record on askMID, the free MIB service.
Read the uninsured driver and personal accident sections of your policy now: they matter most in this situation. Bobby does not recommend any policy.

At traffic lights in Coventry, Tom's car is hit from behind. The other driver has no proof of insurance. Tom notes the registration and the driver's details, takes photos and reports it to the police. He only has third-party cover, so his insurer points him to the MIB. He registers on the MIB portal and uploads the police reference, the photos and a repair estimate.

A made-up story, for illustration.

Bobby

Sources, verification, confidence

Verified on 6 November 2026, for England. Confidence: high for the role of the MIB, how to claim, the time limits and the 14-day police report for hit-and-runs (MIB, GOV.UK); high for the penalties for driving uninsured and the Financial Ombudsman time limits; medium for damage claims after a hit-and-run and any excess, which depend on the case and the MIB agreements: check with the MIB. This guide gives the general rules and does not replace reading your policy or personal advice. Bobby does not recommend any insurer or policy.