Road traffic collisions caused by uninsured drivers can leave injured people uncertain about how to pursue a compensation claim. While a claim is normally brought against the insurer of the at‑fault driver, not all drivers comply with the legal requirement to hold valid motor insurance.
Where a crash is caused by an uninsured driver, injured individuals may still be able to pursue compensation through the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers’ Agreement.
What is the Motor Insurers’ Bureau (MIB)?
The MIB is funded by UK motor insurers and helps ensure that people injured by uninsured drivers can still recover compensation.
In these cases, the claim is usually brought directly against the uninsured driver, with the Uninsured Drivers’ Agreement 2015 setting out when the MIB step in to satisfy any court judgment. In a sense, you have two defendants: the driver and the MIB.
What is the Uninsured Drivers’ Agreement?
The Uninsured Drivers’ Agreement applies where:
- The driver responsible for the crash has been identified and
- That driver did not have insurance covering their use of the vehicle at the time of the crash.
This may arise where a policy has lapsed, been cancelled, or does not provide cover for the use of the vehicle at the time of the collision. It also includes those instances where a driver chooses unlawfully to drive a motor vehicle without insurance.
Under the Agreement, compensation may be paid by the MIB where an uninsured driver is legally responsible for the accident.
The Agreement provides that where a claimant has obtained an unsatisfied judgment, the MIB “will pay the relevant sum to the claimant” subject to the exceptions, limitations and conditions in the Agreement.
How does a claim work?
A personal injury claim is usually brought directly against the uninsured driver through the civil courts. The MIB is informed about the claim and may be required to pay the compensation if the court finds that the uninsured driver was responsible for the crash.
In practice, the claim is pursued in the same way as a standard road traffic collision claim. The court will decide who is responsible for the accident and the amount of compensation and the MIB will pay the damages if the uninsured driver is unable to do so.
The Agreement provides that the MIB’s obligation applies “whether or not the person liable to satisfy the judgment is in fact covered by a contract of insurance and whatever may be the cause of that person’s failure to satisfy the judgment.”
The MIB will then seek a right of recovery of their losses against the uninsured driver.
Issues and Considerations in Uninsured Driver Claims
Issuing Court Proceedings
Court proceedings must be issued against the uninsured driver and the MIB. This means you have two defendants on any court forms. Even where the driver does not actively engage with the litigation, the claim can continue and may be determined by the court.
This allows disputes about who is liable and the value of the claim to be resolved through the usual court process.
The Agreement requires that the MIB be joined as a party to proceedings from the outset, failing which the MIB “incurs no liability” unless specific exceptions apply.
Evidence Requirements
Claimants must establish fault and prove the injuries and losses suffered as a result of the crash. This commonly requires:
- A clear account of how the crash occurred
- Any evidence to support fault, e.g. dashcam, CCTV, witness statements and so on
- Medical evidence supporting the injuries claimed for
- Evidence of past and future financial losses
The Agreement states that the claimant must provide information and documentation “as MIB may reasonably require” and must comply within a reasonable timeframe, otherwise the claim may be rejected.
In serious injury cases, specialist expert evidence is often required to assess long‑term care, rehabilitation and accommodation needs.
Compensation
Where liability is established, the MIB may be required to meet the claim in place of the uninsured driver. Compensation may include:
- General damages for pain, suffering and loss of amenity
- Past and future financial losses, including care and rehabilitation costs
- Loss of earnings and pension loss
- Specialist equipment and accommodation, if required
- Interest on damages may be recoverable.
Challenges in uninsured driver claims
Uninsured driver claims can have practical challenges. Uninsured drivers often do not engage with the court process or provide much information, which can make it harder to gather evidence and can delay the claim.
The involvement of the MIB is important in ensuring that an injured claimant is not prejudiced by the lack of insurance or cooperation from the defendant.
Issues may also arise where a claimant knew or had reason to believe that the vehicle they were travelling in was uninsured or being used in the course of an unlawful activity. In these circumstances, the MIB may rely on exclusions within the Agreement and the principle of ‘ex turpi causa’.
However, exclusions under the Agreement are not applied lightly. In Delaney v Secretary of State for Transport [2015] EWCA Civ 172, the Court of Appeal emphasised that the Agreement is compensatory in nature and that exclusions must be interpreted strictly so that the Agreement’s protective purpose is not undermined.
Consistent with this approach, the Agreement provides that the MIB is not liable where a claimant was a passenger who “knew or had reason to believe that the vehicle was being used without…a contract of insurance”.
However, illegality does not automatically defeat claims. The Agreement expressly states that “the burden of proving that the claimant knew or had reason to believe” this rests with the MIB.
In Dormer v Wilson & MIB [2025] EWHC 523, the High Court confirmed that actual or constructive knowledge of illegality must be established with evidence and cannot be assumed by the MIB.
Serious injury considerations
In cases involving life‑changing injuries, such as traumatic brain injury, amputation, or spinal cord injury, uninsured driver claims often involve significant future losses.
These claims require careful preparation to ensure that long‑term medical, care and rehabilitation needs are fully identified and properly valued. Early legal advice can also assist with securing appropriate expert evidence and interim payments, if appropriate, to support rehabilitation during the claim.
How Moore Barlow can help
At Moore Barlow, we regularly act for individuals who have sustained serious injuries in road traffic collisions, including those caused by uninsured drivers.
We understand the legal and practical complexities of uninsured driver claims, particularly where injuries have a significant and lasting impact. Our focus is on securing compensation that properly reflects our clients’ long‑term needs and supports their recovery and rehabilitation.
We can assist by:
- Identifying whether the Uninsured Drivers’ Agreement applies
- Accessing early rehabilitation and interim payments
- Obtaining and coordinating specialist medical and expert evidence
- Accurately assessing long‑term care and rehabilitation requirements
- Issuing and managing court proceedings
- Ensuring the MIB meets any judgment obtained
- Negotiating a successful resolution of the claim
If you have suffered a serious injury or bereavement as a result of a road traffic collision caused by an uninsured driver, please contact our team on 0800 157 7611 or email [email protected]
