Hit by an Uninsured Driver in Glasgow? Your Claim Options
If an uninsured driver has injured you in Glasgow, you can still claim compensation. The Motor Insurers’ Bureau (MIB), a body funded by the UK motor insurance industry, exists to pay victims when the driver has no cover. You do not have to chase the driver personally, and you do not need their insurer’s details to start. This guide explains who pays, how the claim works in Scotland, what to do straight after the crash, and what it costs to have a solicitor handle it.
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Explore your claim optionsKey takeaways
- The MIB, not the driver, is the route to compensation when the person who injured you was uninsured or cannot be traced.
- In Scotland a personal injury claim generally has to be made within three years of the accident, so do not wait.
- Report the crash to the police and your own insurer, see a doctor, and keep every scrap of evidence from day one.
- You can claim yourself, ask a family member to manage it, or appoint a solicitor. Most solicitors work on a No Win No Fee basis.
- We charge 15% plus VAT of your compensation if you win, and nothing if you lose.
Table of Contents
Who pays when an uninsured driver injures you?
In most road injury claims, the at-fault driver’s insurer pays. When there is no insurer, the gap is filled by the MIB. It is a not-for-profit organisation funded by the UK motor insurance industry, set up to meet the legal obligation that victims of uninsured drivers are compensated.
That matters in Glasgow as much as anywhere. A driver stopped by Police Scotland without insurance faces a penalty, but the penalty goes to the court or the state. It does not go to you. Compensation for your injuries, lost earnings and other losses comes from the MIB process.
The MIB can help after an accident involving uninsured, untraced or foreign-registered vehicles. If you are not sure which category your crash falls into, you can still start the conversation with a solicitor, and they will work it out from the facts.
Who can claim, and what can be covered
The MIB says drivers, passengers, pedestrians, property owners and other road users may be eligible. Claims can cover physical or mental injury and property damage, according to its eligibility guidance.
In practice, that includes:
- A driver hit at a junction on Paisley Road West by someone with no insurance.
- A passenger in a taxi or friend’s car struck by an uninsured vehicle.
- A pedestrian knocked down on a crossing in the city centre.
- A cyclist or motorcyclist injured by a driver who then turns out to have no policy.
- A passenger who was in the uninsured driver’s own vehicle, in some circumstances. This is where the rules are most technical, so take advice before assuming either way.
A claim is built on losses you can show: the injury itself, time off work, treatment costs, care you needed from relatives, and damage to your vehicle or belongings.
What to do in the first days after the crash
The steps below follow the official Scottish Government guidance on road crash compensation, which advises reporting the crash to the police and your insurer, reporting the injury to a doctor and collecting evidence.
- Check for injuries and call 999 if anyone needs help. Your health comes first.
- Report the crash to the police. An uninsured driver may give you a name or details that are false, so a police record helps identify them. Note the incident reference number.
- Get the driver’s details if you safely can. Take their name, address, registration number, and a photo of the vehicle and its plate. Do not argue or follow them.
- Photograph everything. The scene, road markings, vehicle damage, your injuries and the weather. Do it that day.
- Take witness names and numbers. Independent witnesses are valuable when the other driver disputes what happened.
- See a doctor. Whether that is A&E at the Queen Elizabeth University Hospital, your GP or an out-of-hours service, a medical record links your injury to the crash and supports the later medical report.
- Tell your own insurer. Do this even if you were not at fault and do not plan to claim on your policy.
- Write down what happened. Do it while it is fresh: the time, speed, direction, what you saw and heard.
- Keep a record of costs. Receipts for prescriptions, taxis, parking at hospital, and payslips showing lost pay.
If you are trying to work out whether the other driver was insured, Police Scotland explains that askMID lets you check insurance status on the Motor Insurance Database. Your solicitor or the police may also run these checks.
Reporting an uninsured driver in Glasgow
There is a difference between reporting the crash and reporting a driver you suspect of driving uninsured when no crash has happened. Police Scotland says you can report uninsured driving online, by phone or in person. For a crash with injuries, use 999 or 101 as appropriate rather than the online form.
What the driver faces is a separate matter from your claim. Driving without insurance is an offence under section 143 of the Road Traffic Act 1988. According to a Scottish road traffic law firm’s summary, the usual outcome is a fixed penalty of 6 points and a £300 fine, while a prosecution can bring 6 to 8 points or disqualification and a larger fine. Whatever happens in court, you still need to start your own claim.
How an MIB claim works in Scotland
The MIB explains that you can make your own claim, have a family member manage it, or appoint an independent solicitor. Claims go through the MIB’s online portal: you register and complete the claim form with as much information as you can give.
The stages look like this:
| Stage |
What happens |
| Submit the claim |
You or your solicitor complete the form with details of the accident and its effect on your life |
| Investigation |
The MIB checks the facts and identities, and may obtain medical or engineering reports, and police reports if liability is disputed |
| Decision |
The MIB decides whether to pay and how much |
| Appeal |
If you disagree, the decision can be appealed |
The investigation steps are described in the MIB’s own claims booklet. That booklet dates from 2007, so treat it as a guide to how the process is built, and rely on the MIB’s current pages for up-to-date forms and rules.
Our own, more detailed walk-through is in our guide to MIB claims in Scotland.
Fault still has to be shown
An uninsured driver does not mean automatic payment. According to the MIB booklet, compensation for personal injury is only payable when some fault can be established against the driver considered responsible, and contributory negligence can reduce or remove the payment. That means evidence about how the crash happened is central, for example whether you were wearing a seat belt or whether you had a share in causing the collision.
The time limit: three years, with exceptions
In Scotland, the MIB states that personal injury claims must be made within three years of the accident, and property damage claims within five years. Three years sounds generous, but evidence fades, witnesses move away and CCTV in shops and on buses is usually overwritten within weeks.
For children, the Scottish Government says that if a child under 16 was involved in a road crash, a claim can be submitted for them at any point until they turn 19.
We explain the rules, and the narrow exceptions, in our page on the personal injury claim time limit in Scotland. The safest approach is to speak to a solicitor within weeks of the crash, not months.
What if the driver cannot be identified?
Some uninsured drivers drive off. If the driver is untraced, you may still be able to claim with the MIB. The police report matters even more here, because it shows you did your part to find them. Our guides to hit and run claims in Scotland and how compensation works after a fatal hit and run show how these cases run.
Damage to your car
A claim can include property damage. The MIB booklet notes that an excess agreed with the Government may be deducted from claims for property damage only. If your car is damaged, check your own policy as well, since your insurer may repair or replace it and then deal with recovery. Do not lose sight of the injury claim while you sort the repair.
What does a solicitor cost?
The Scottish Government notes that most solicitors act on a No Win No Fee basis: you pay nothing if the claim fails, and the solicitor takes a capped percentage of damages if you win. You may also be able to apply for legal aid if you cannot afford fees.
The MIB booklet also mentions that some claimants may be eligible for free legal expenses insurance covering costs up to £100,000 in uninsured driver claims. Ask about this when you speak to a solicitor, and check your own home or motor policy for legal expenses cover too.
The percentage is where firms differ. Larger brand-name solicitors commonly take 20% including VAT of your compensation. We charge 15% plus VAT. On a settlement of £10,000, for illustration only, that is a deduction of £1,500 plus VAT at 20% (£300), a total of £1,800, against £2,000 at the 20% inclusive rate. The gap grows as the award grows. Your own case could be worth more or less, and no figure here is a promise of what you will receive.
Our perspective
Most people who contact us after an uninsured driver crash assume they are out of luck. They think no insurer means no money, or that they must track the driver down. Neither is true, and the longer they believe it, the more evidence they lose.
We see the same pattern again and again. The people who do best reported the crash quickly, saw a doctor the same week and kept their paperwork. The ones who struggle delayed, or gave a casual statement to an insurer before getting advice.
We also think fees should be plain. A claimant who has been injured through no fault of their own should not give up a fifth of their award. That is why we take 15% plus VAT and nothing if the case is lost. We are regulated by the Law Society of Scotland, we assess claims for free, and we offer a callback within 24 hours, so you can find out where you stand without committing to anything.
— Roger
Starting your claim with us
We handle road traffic injury claims across Scotland, including cases against uninsured and untraced drivers. You can use our road traffic accident claims service to request a free assessment or a callback, or read our How to claim for a road traffic accident in Scotland guide first. If your injury is a neck problem, see our page on whiplash injury claims. If you were on two wheels, we have a page for motorcycle accident claims.
FAQ
Who pays if an uninsured driver hits you in Scotland?
The Motor Insurers’ Bureau pays eligible claimants when the driver has no insurance. It is funded by the motor insurance industry, so the money does not come from the driver. You still need to show the driver was at fault.
How long do I have to claim?
In Scotland a personal injury claim must generally be made within three years of the accident, and property damage within five. Children have longer, up to their 19th birthday if they were under 16 at the time. Start early, because evidence is harder to gather as time passes.
What is the penalty for driving without insurance in Scotland?
The usual penalty is a fixed penalty of £300 and 6 penalty points. If the case goes to court, the outcome can include 6 to 8 points or disqualification and a larger fine. This is separate from your compensation claim.
How do I report an uninsured driver in Glasgow?
You can report uninsured driving to Police Scotland online, by phone or in person. If you were injured in a crash, report it straight away through 999 or 101 and keep the incident reference number. You can then use it in your claim.
Do I need a solicitor to claim from the MIB?
No, you can claim yourself or have a family member manage it. A solicitor can gather medical and other evidence, deal with the MIB and push back on a low offer. Ask about fees before you sign, and compare the percentage taken from your award.
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