What to do if you're hit by an uninsured driver

Every 20 minutes, someone in the UK is hit by an uninsured or hit-and-run driver, according to the Motor Insurers’ Bureau (MIB). These incidents cost the economy almost £2.4 billion a year, adding around £30 to every driver's car insurance premium.

What do I do if an uninsured driver hits me?

Your safety and well-being should be your first concern. After all, it can be a pretty distressing and traumatic experience.

Drivers getting behind the wheel without a valid car insurance policy is one of the top 5 motoring offences according to Confused.com data. So, unfortunately, you're not alone in your situation.

But if you're okay, it's important to turn your attention to information gathering. Here's what you should collect:

• The make, model and registration number of the other car
• The other driver’s name and address
• Details of any nearby witnesses
• Photos and details of any damage
• Photos of the other vehicle's number plate (not just a written note of the registration)
• Photos of any visible damage to both vehicles
• Note the exact time, location, and weather/road conditions.

Then get in touch with the police as soon as you can and let them know that the other driver doesn’t have insurance.

You must report the accident to the police within 24 hours if you didn't exchange details at the scene, if anyone was injured, or if you suspect a driving offence has taken place.

If you don't report the collision to the police, you could be committing an offence. The penalties include a fine, up to six months in prison, or penalty points on your licence 

How to check if the other driver is insured at the scene

askMID is the publicly accessible Motor Insurance Database. askMID's insurance check is free to use, and checkable from a smartphone using the other vehicle's registration number.

If the driver refuses to give insurance details, or you're unsure whether the details they've provided are genuine, askMID lets you verify independently before leaving the scene

A result showing no insurance doesn't confirm the driver is uninsured (policies can take time to update on the database) but it's a strong indicator. Make sure to record what the check showed.

What our motor insurance expert says

'The askMID database lets anyone check if a vehicle is insured using just the registration number — doing this at the roadside before you leave the scene can give you crucial evidence if the driver later denies the accident or provides false insurance details.'

Matt Crole Rees Motor General Manager & Motor Insurance Expert

Will my no-claims discount be protected if hit by an uninsured driver?

Again, we don't want to sound like a broken record, but it depends!

If you’re hit by an uninsured driver, you might still lose some of your no-claims bonus. Why? The claim would need to be paid by your insurance company in the absence of an insurance policy for the driver who was at fault.

But, there is some respite! Some insurers could protect your no-claims discount in this type of situation, so check your policy to find out.

Making a claim through the MIB rather than your own insurer may reduce the impact on your premium since you're not always claiming against your own policy — but check your policy wording as some insurers require notification of any accident regardless

What do I do if I hit an uninsured driver?

If you’re at fault in this scenario, the other driver could claim from your insurance policy. The fact that they’re uninsured shouldn’t change that.

If you have a comprehensive car insurance policy, you could also claim to cover damage to your car.

You could still report them to the police for not having insurance, though. Call 101 or use your local police force’s live chat facility if it has one.

If you're at fault, the fact the other driver is uninsured doesn't reduce your liability — they can still claim against your policy; handle this through your insurer in the normal way; their lack of insurance is a separate criminal matter for the police

What do I do if the other car drives off after hitting me?

This is what's known as a hit-and-run. If you're unfortunately caught in this type of accident, here's what you should do:

• Gather evidence: You'll need to prove that the other driver, known as the untraceable driver, caused the accident. You could provide evidence through witnesses, CCTV or dashcam footage. Taking photos of the damage to your car or any markings on the road from the accident might also support your claim.

• Contact the police and your insurance company: If you can, make the police and your car insurance provider aware of the accident as soon as possible.

• Make a claim: You can do this on the MIB website. The MIB are responsible for handling claims where there's an untraceable driver. 

If you're making a claim for vehicle damage, you'll need to do this within nine months of the accident. Typically, there’s usually a £300 excess for these claims. Claims for personal injury need to be made within three years.

Make sure to note that the £300 excess applies only to untraced driver (hit-and-run) claims. It doesn't apply to claims against an identified uninsured driver.

Will my claim be successful if I’m hit by an untraceable driver?

It's hard to say, because it depends on who's at fault. 

The MIB should work with your insurance company and the police to work out who’s at fault for the accident.

If they find that you were at fault – either wholly or partially – they might reject or reduce the amount of your claim.

But don't stress! The MIB won’t throw out a claim purely because you can't find the other driver.

There are some situations where the MIB might be more likely to reject a claim:

• If you were a passenger in a car that you knew wasn’t insured.
• If you were a passenger in a car driven by a drunk driver.
• The accident happened on a private road or area that doesn’t have full public access.

How do I claim on my insurance if an uninsured driver hits me?

This is where things get slightly tricky, so stick with us!

There are two routes available to you. Let's take a closer look:

1. Route 1: If you have comprehensive car insurance, you could still claim on the other driver's policy, even if the process may be more complicated. Your insurer will pursue the uninsured driver separately.
2. Route 2: If you only have third-party fire and theft cover, you must claim directly through the Motor Insurance Bureau. They specialise in handling cases where one driver doesn’t have car insurance.

MIB claims are now submitted online, so you'll need to register an account at mib.org.uk, then complete the claim form process. The MIB estimates that this takes roughly an hour, and your progress can be saved throughout. So don't worry about getting it all done in one go.

Claims for property damage can be made up to 6 years after the accident as long as there is proof of the damage and the estimated or actual repair cost can be shown. But that timeframe jumps to 3 years for personal injury claims.

The MIB should try to reclaim the costs of the accident from the third party where possible.

What if the other vehicle is foreign-registered?

If you're involved in an accident with a foreign-registered vehicle in the UK, the Motor Insurers' Bureau (MIB) handles these claims through a different process than claims involving uninsured or untraced UK drivers.

A foreign-registered vehicle is any vehicle displaying a number plate that isn't registered in the UK, the British Crown Dependencies, or Gibraltar.

You'll need to capture more detail than you would for a UK vehicle. So at the scene, try to gather as much information as possible, including:

• The full registration number and country code
• The vehicle's make, model and colour
• Any distinguishing features
• Details of any visible passengers
• Photos of the vehicle, damage and accident scene, if it's safe to take them

To make a claim, visit the MIB website and follow the guidance for accidents involving foreign-registered vehicles, as this is separate from the uninsured and untraced driver claim processes. For the latest claim procedure and forms, and always refer to the MIB's official guidance.

Can an uninsured driver claim against me?

Yes, if the accident was your fault, the uninsured driver can still make a claim against your insurance policy. Their lack of insurance doesn't affect your liability to them.

But if the accident was their fault, they may still attempt to claim against you or your insurer. Any such claim would be assessed on the facts of who caused the accident, not on their insurance status

Always report the accident to the police regardless. Driving without insurance is a criminal offence and the police can take action against the uninsured driver independently of any civil claim.

Share this article