Making claims for damages in accidents involving uninsured drivers

Road traffic accidents remain a frequent occurrence. In many cases, no one is injured, and insurers simply negotiate vehicle damage and repairs. However, when someone suffers injury due to another driver’s negligence, they can pursue a personal injury claim for damages and associated financial losses – typically by instructing a specialist personal injury solicitor and submitting a claim to the negligent driver’s insurer.

Despite the legal requirement for motor insurance in the UK, a significant number of drivers remain uninsured. In 2025, it is estimated that over 1.6 million vehicles on UK roads are uninsured, roughly 1 in every 25 drivers. This figure has risen due to economic pressures and rising insurance premiums.

What happens if the driver is uninsured?

If the negligent driver is uninsured, victims can still seek compensation through the Motor Insurers’ Bureau (MIB), a non-profit organisation funded by the motor insurance industry. The MIB handles claims involving uninsured and untraced drivers, ensuring victims are not left without recourse.

Key points about MIB claims:

• Claims must be submitted electronically via the MIB website.
• Victims (or usually their solicitors) must show they have made reasonable efforts to identify a motor insurer before submitting a claim.
• The MIB conducts its own investigation and often instructs solicitors to deal with the claim (depending on the severity of the case).
• The process mirrors that of a standard personal injury claim, including liability assessment and compensation calculation so a claimant should achieve the same outcome as if they had brought a claim against an insured driver.
• Additional procedural steps are required to allow the MIB to recover costs from the uninsured driver.

What to do after an accident:

If you are injured in an accident involving another vehicle, it is vital to:

• Record full vehicle and driver details.
• Gather witness information.
• Report the incident to the police.

These steps will support your claim, especially if the driver is untraced.

Philippa Luscombe, partner in the Penningtons Manches Cooper personal injury team, comments: “A claimant injured by an uninsured driver can still bring a claim and recover damages even where there was no insurance in place.  However, due to the additional requirements of MIB claims, it’s essential to seek advice from a specialist personal injury lawyer to ensure the best chance of success.”

For further information, contact us free on 0800 328 9545, email pispecialist@penningtons.co.uk, or visit the MIB claims page.