I was hit by an uninsured driver. Can I still get compensation?

What the Law Says

UK law requires all drivers to have at least third-party motor insurance. When a driver is uninsured, the Motor Insurers' Bureau (MIB) steps in to compensate victims under statutory agreements with the government.

The Road Traffic Act 1988 makes it illegal to drive a motor vehicle on a road or public place without insurance. Section 143(1) states that 'a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle such a policy of insurance... as complies with the requirements of this section.'

Where the at-fault driver is uninsured, the MIB operates under the Uninsured Drivers Agreement (2015), which obliges it to compensate victims for personal injury and property damage — provided certain conditions are met, including reporting the accident to police within 5 days if the driver fled or was untraced.

The MIB’s liability is treated as if the uninsured driver were fully insured: it covers 100% of proven losses up to statutory limits, and does not require proof that the driver could have been sued personally.

Statutory Text

a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle such a policy of insurance... as complies with the requirements of this section.

— Road Traffic Act 1988, s. 143(1) — Use of motor vehicles on roads etc. without insurance or security

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