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Uninsured and Untraced Driver Claims

England & WalesLast reviewed 18 September 2026

If a driver who injured you had no insurance, or cannot be identified, you may still be compensated through the Motor Insurers' Bureau (MIB), which is funded by the motor insurance industry. Two separate agreements apply, and both have strict notice and application requirements.

Two Agreements, Two Kinds of Claim

Direct Answer: The Uninsured Drivers Agreement applies where the driver is identified but uninsured, and the Untraced Drivers Agreement applies where the driver cannot be identified, such as in a hit and run.

The MIB is not an insurer in the usual sense: its obligations arise under agreements with the Government. The agreements set conditions such as giving notice of proceedings, cooperating with the MIB and, for untraced claims, applying within the period allowed. Missing one can lose the claim, so treat every deadline as strict.

Passengers and Vehicle Owners

Passengers can claim under the agreements, but the MIB can refuse or reduce claims where a passenger knew, or ought to have known, that the vehicle was uninsured or stolen. Claims for property damage are also more limited under the untraced agreement than for personal injury.

What to Do First

The early steps protect any later claim:

  • Report the accident to the police and get a crime reference number
  • Note or photograph the vehicle registration, if you saw it
  • Look for witnesses and CCTV, which is quickly overwritten
  • Contact a solicitor who handles MIB claims before you deal with the MIB directly

Frequently Asked Questions

Can I claim if the driver had no insurance?

Yes, potentially. If you can identify the driver but they were uninsured, the MIB may deal with your claim under the Uninsured Drivers Agreement 2015, subject to its conditions.

What if the driver drove off and was never found?

You may be able to claim under the Untraced Drivers Agreement 2017 for accidents on or after 1 March 2017. You generally have to apply within three years of the accident and cooperate with the MIB's inquiries.

Do I have to report an untraced driver accident to the police?

You should report it as soon as you can. The MIB expects police involvement and may ask you to report if you have not, and delay can make the claim harder to prove.

Can a passenger claim against the MIB?

Yes, but the MIB may refuse a claim where the passenger knew, or ought to have known, that the vehicle was uninsured or had been stolen.

How much will the MIB pay?

It compensates on the same principles as an insurer would for the same accident, but it may treat some heads of loss, such as property damage, differently under the untraced agreement. Ask a solicitor what applies to your case.

Can I make a MIB claim on a no win no fee basis?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. Under a Conditional Fee Agreement you pay no solicitor fees if the claim loses, and if it wins a success fee is deducted from your damages, capped at 25% of general damages and past losses in personal injury cases. Low-value whiplash claims through the OIC portal work differently, so ask about costs before you start.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Road Traffic Act 1988, s.143 (compulsory insurance)

    It is an offence to use, or cause or permit another to use, a motor vehicle on a road without insurance covering third-party liability.

  5. Motor Insurers' Bureau — making a claim (Uninsured and Untraced Drivers Agreements)

    The MIB is funded by the motor insurance industry and compensates victims of uninsured drivers (Uninsured Drivers Agreement 2015, accidents from 1 August 2015) and untraced drivers (Untraced Drivers Agreement 2017, accidents from 1 March 2017). The agreements set strict notice and application deadlines; read the current agreement or take advice.

  6. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.