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Accident With An Uninsured Driver – Can I Still Claim For Injuries?

In this guide to uninsured drivers compensation claims you can learn more about claims for accidents involving uninsured drivers.

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Last Updated 6th November 2025. Getting injured in a car accident itself is a traumatic and painful experience. Usually, you can hope to receive compensation through the other drivers insurance. However, a problem arises when you’re unable to trace the driver who hit you or if the driver didn’t have insurance. However, you need not worry about missing out on your compensation, as our team assists accident victims with uninsured drivers’ compensation claims.

Claiming against an uninsured driver may seem complicated, but it doesn’t necessarily have to be frustrating. If you work with our team of solicitors, you will receive the answers you need and guidance at every step. They have years of experience working on road traffic accident claims involving uninsured and untraceable drivers. Contact us now for more information on starting your uninsured driver compensation claim.

What You Need To Know About Uninsured Driver Claims:

  • How long do I have to claim against an uninsured driver? Usually, you have 3 years to start your claim against an uninsured driver, unless certain exceptions apply.
  • How common are uninsured driver accidents in the UK? According to the latest research, around 360 people in a year are injured by uninsured or unidentified drivers.
  • Do I need to make a police report after getting hit by an uninsured driver? Yes, it is recommended that you make a police report to make an official record of your accident with an uninsured driver.
  • Can I claim against an uninsured driver if I don’t have any witnesses? Yes, you can claim against an uninsured driver using other evidence, such as dashcam footage, medical reports and photographs.
  • How would I make a claim after an accident involving an uninsured driver? You would make your claim through the Motor Insurers’ Bureau (MIB) after being injured in an accident involving an uninsured driver.

If you have been involved in an accident with an uninsured or untraceable driver, you can contact our advisors today to see how we could help you.

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What Are Road Traffic Accidents Involving Uninsured Drivers?

Road traffic accidents involving uninsured drivers can be down to various reasons. In most cases, a car accident, motorcycle accident, or any other accident involving a vehicle, is often due to a negligent act of some kind. It could be that you were hit by a vehicle pulling out of a junction, someone hit into the back of your car due to driving too close, or you may have been hit by someone recklessly crossing multiple lanes at a roundabout for example. Although some accidents on the roads thankfully only result in minor injuries such as mild whiplash, bruising, cuts, and scrapes, accidents can also often result in more serious, life-changing injuries such as serious head, neck or back injuries, chest injuries or badly broken or fractured bones, some serious injuries are sometimes fatal.

In normal circumstances, the innocent victim will be able to claim off of the third-party insurance for any damages and injuries. However, if the third party does not hold insurance, then making a claim isn’t as straightforward. This is where uninsured drivers compensation claims happen. Similarly, if you are involved in an accident whilst driving due to the fault of an insured driver, but you do not hold insurance yourself, claiming for personal injury, although not impossible, may not be straightforward.

A man holding his neck in pain following a car accident

What Should You Do If Hit By A Driver Who Is Uninsured?

Hit by an uninsured driver, what to do? There are a few steps you should take if you have been hit by a driver without any insurance. The Motor Insurance Bureau (MIB) advises that any accidents involving uninsured drivers and personal injury should be reported to the police within 14 days at least, if there is any damage to your car or property, you should contact them within 5 days in order to make a successful claim through the MIB.

The MIB deal with claims involving uninsured drivers as per the Uninsured Drivers Agreement.

Witness statements are a very useful tool when it comes to making a claim, so if possible try to collect the contact details of anyone who may have witnessed the accident involving the uninsured driver.

Is There A Time Limit In Uninsured Drivers Compensation Claims?

Yes, the time limit in uninsured drivers compensation claims is usually 3 years from the accident date, as set out by the Limitation Act 1980. While this time limit applies in most circumstances, exceptions can be made for certain claimants who are unable to claim for themselves. These are:

  • Any injured person who was a child at the time of their accident will have the 3 years paused until they reach 18. This temporary freeze gives them until they turn 21.
  • If someone does not have the capacity to claim for themselves, whether due to the accident themselves or a pre-existing condition, then the time limit is frozen indefinitely.

In order to get any potential compensation claim underway as soon as possible, a suitable adult can apply to be the injured person’s litigation friend. Typically, it is the parent or guardian to the injured person who takes on this responsibility, but any adult who meets the suitability criteria could perform the role.

Litigation friends have decision making authority over the claim, and must act in the injured person’s best interests, directing the claim in line with their wishes. You can find out more about the time limits, claiming on behalf of another and find if you could claim after being hit by an uninsured driver, by speaking to one of our advisors today.

How The Motor Insurance Bureau Could Help

This section will go into more detail on how the MIB can help with uninsured drivers compensation claims. The Motor Insurance Bureau (MIB) was founded in 1946 and set up as a way of giving compensation to the victims of road traffic accidents involving fault uninsured motorists. The money for the compensation comes from the policy premiums of UK motorists insurance.

If you are involved in an accident with an uninsured driver through no fault of your own, you could file a claim for compensation with the MIB for personal injury and damages. Before the claim moves forward, the MIB will conduct a series of inquiries and investigations into the accident to be able to establish liability. Once they are satisfied that liability lies with the uninsured driver, they will proceed with compensating you for your injury and damages. Having a personal injury solicitor may help to speed the process up as they will be able to conduct the claim through the MIB on your behalf and help to collate the evidence needed for a successful claim.

Uninsured Driver’s Compensation Claims Payouts

If you have been injured in a road traffic accident, you may be asking ‘how much compensation could be awarded for uninsured driver’s compensation claims?’ Although we cannot provide you with a definitive answer at this time, we can explain what you may claim compensation for to give you a rough estimate of how much you may be entitled to.

If your claim is successful, depending on the circumstances of your claim, your compensation may be split into two heads of claim. These are referred to as general damages and special damages.

General damages is the head of claim that compensates you for the injuries you sustained as a result of your accident. Under general damages, you may be compensated for both physical injuries and psychological suffering.

Your general damages are typically calculated by professionals who refer to documents such as an independent medical assessor’s report and compensation guidelines provided by the Judicial College (JCG).

The JCG is a document that lists many injuries, accompanied by their suggested compensation brackets. The table below provides compensation guidelines from the JCG for different injuries, except from the top bracket. We’ve also provided 2 examples of the tariffs found in the Whiplash Injury Regulations 2021. This legislation affects how certain whiplash injuries are valued.

Reason For CompensationGuideline
Most Severe Injuries and Significant Financial LossesUp to £500,000+
Neck injuries - Severe (i)In the region of £181,020
Neck injuries - Severe (ii)£80,240 to £159,770
Back injuries - Severe (ii) £90,510 to £107,910
Injuries to the pelvis and hip - Severe (ii)£75,550 to £95,680
Chest injuries (b)£80,240 to £122,850
Chest injuries (d)£15,370 to £21,920
Shoulder injuries - Serious£15,580 to £23,430
Whiplash tariff - whiplash and psychological damage lasting 18-24 months£4,345
Whiplash tariff - whiplash lasting 18-24 months£4,215

If you have been involved in an uninsured driver accident and would like to discuss your case, you can contact our advisors.

Examples Of Special Damages You May Claim

As mentioned above, compensation award amounts are usually based on two categories, general and special damages. General damages represent the actual injury itself with the amount of compensation awarded based upon the severity of the injury, the type of treatment required, and the length of time treatment is required. Also, the amount will depend on how long recovery is expected to take, if a full recovery is expected, or whether the claimant faces permanent health problems as a result therefore also affecting their quality of life and well-being.

Special damages, however, represent the financial implications suffering an injury may result in. These may include medical costs, travel costs, and care costs. They also include any loss of earnings or future loss of income that is expected.

No Win No Fee Uninsured Driver’s Compensation Claims

If you are eligible to make a personal injury claim for an uninsured driver accident, then you could speak to a solicitor who is well-versed with this type of road traffic accident claim. If you contact our advisors, they could review your case, and if they determine you have a valid claim, they may connect you with one of our No Win No Fee solicitors.

One of our solicitors could support your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, which means the absence of any upfront or ongoing fees for your solicitor’s work. Also, in case of no success, you won’t need to pay your solicitor for their work.

If your claim is successful, then your solicitor will be paid a success fee. This is a small and legally capped percentage deducted from the compensation awarded to you.

To see if you could claim for a car accident with an uninsured driver with the help of one of our No Win No Fee solicitors, contact our advisors. They can offer you free advice. To reach them, you can:

A solicitor and his client discussing uninsured drivers compensation claims

Essential References

Uninsured Driver Car Accident Claims – This is another of our guides offering further information on making a claim if hit by an uninsured driver.

Anxiety Caused By Road Traffic Accidents – This guide looks at how you could claim for psychological injuries caused by car accidents.

What should you do if injured in a car accident? – If you have been harmed in a road traffic accident, find out what you should do.

Death Caused By Dangerous Driving – If a loved one has lost their life due to dangerous driving, this guide may be helpful to you.

Car Accident Claims Time Limit – Here we offer advice on what to do regarding reporting a road traffic accident.

Vehicle Insurance – The government website regarding vehicle insurance can be found here.

Driver And Vehicle Licensing Agency (DVLA) – Here you will find information from the DVLA and the rules surrounding having a vehicle on the roads.

Thank you for reading our guide on uninsured drivers accident claims.

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  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and Head of our EL/PL Department, which handles accidents at work and public liability claims, such as slips, trips and falls. Patrick qualified in 2005 and has over 20 years of experience as an SRA-regulated solicitor. Patrick is well-known in the legal industry for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor by clicking below.

    Learn more about Patrick
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