Quick answer
If an identified driver caused injury but had no valid insurance, compensation may be available under the Motor Insurers’ Bureau Uninsured Drivers’ Agreement. The route has its own conditions, exclusions and cooperation requirements, so preserve the driver, vehicle, police and insurance evidence.
Key points
- ✓This route is for an identified but uninsured responsible driver.
- ✓A hit-and-run normally uses the separate Untraced Drivers’ Agreement.
- ✓Report appropriately and keep the police reference.
- ✓The MIB investigates liability as well as insurance status.
- ✓Read the current agreement rather than relying on generic civil-claim summaries.
Uninsured versus untraced
An identified driver without effective insurance is different from a driver or vehicle that cannot be traced. Selecting the correct MIB route matters because the agreements contain different procedures and requirements.
Evidence the MIB may require
Keep the registration, driver identity, photographs, witness information, police reference, insurer searches and correspondence. The MIB may investigate whether the driver was liable and whether another insurer is obliged to satisfy the claim.
What may be compensated
Depending on the agreement and facts, a claim may include personal injury and qualifying property loss. Excesses, exclusions and recovery from another source must be checked against the agreement in force on the relevant date.
Deadlines and cooperation
Do not assume that every MIB procedural deadline is identical to the Scottish court limitation period. Applicants may need to report, provide documents, cooperate with investigation and notify the MIB of proceedings or offers.
Authoritative sources
- Motor Insurers’ Bureau: making a claim — Official information about claims involving uninsured or untraced drivers.
- GOV.UK: compensation for victims of uninsured drivers — Official overview of the MIB route.
- Prescription and Limitation (Scotland) Act 1973 — The statutory limitation framework for Scottish personal injury actions.