Uninsured Driver Claims in Scotland
Quick Answer
What Is an Uninsured Driver Claim?
It is a legal requirement in the UK to have at least third-party motor insurance. Despite this, an estimated 1 million drivers on UK roads have no insurance. If one of these drivers injures you, you can still claim compensation.
Claims against uninsured drivers are handled through the Motor Insurers' Bureau (MIB), funded by all UK motor insurers to compensate victims of uninsured and untraced drivers.
Can I Claim Against an Uninsured Driver?
Yes. As long as the uninsured driver was at fault for the accident that injured you, the MIB will compensate you. This applies whether you were a driver, passenger, cyclist, or pedestrian. You do not need to pursue the uninsured driver personally — the MIB handles the compensation.
How Does the MIB Claims Process Work?
- Your solicitor submits a claim to the MIB under the Uninsured Drivers Agreement
- The MIB investigates the accident and assesses liability
- Medical evidence is gathered to assess your injuries
- The MIB makes a compensation offer
- Your solicitor negotiates to ensure you receive fair compensation
MIB claims can take longer than standard insurance claims — typically 12 to 18 months — but you are entitled to the same level of compensation.
How Much Compensation From the MIB?
Compensation from the MIB is calculated in the same way as any personal injury claim. You receive compensation for your injuries (general damages) and financial losses (special damages) including lost earnings, medical costs, and travel expenses. The same Judicial College Guidelines apply.
What to Do If Hit by an Uninsured Driver
- Call the police — driving without insurance is a criminal offence
- Get the driver's name, address, and vehicle registration
- Take photos of the scene and damage
- Collect witness details
- Report to your own insurer
- See a doctor and keep medical records
- Contact a solicitor experienced in MIB claims
Frequently Asked Questions
Can I claim if the other driver has no insurance?
Yes. The Motor Insurers' Bureau (MIB) compensates victims of uninsured drivers. You receive the same level of compensation as a standard claim. Your solicitor handles the MIB application process.
How long does an MIB uninsured driver claim take?
MIB claims typically take 12 to 18 months, longer than standard insurance claims. The MIB investigates the accident, assesses liability, and makes a compensation offer.
Do I need to report the uninsured driver to the police?
Yes. Driving without insurance is a criminal offence. Report the incident to Police Scotland and obtain a crime reference number. This also supports your MIB claim.
Is MIB compensation less than a normal insurance claim?
No. Compensation from the MIB is calculated in the same way as any personal injury claim using the Judicial College Guidelines. You receive the same compensation for injuries and financial losses.
What if I was a passenger in an uninsured vehicle?
You can still claim through the MIB. As a passenger, you are not responsible for checking the driver's insurance. The MIB will compensate you for your injuries.
Last reviewed: 15 March 2026 by Personal Injury Claims Scotland