The other driver had no insurance. Or they didn’t stop at all. Many people assume that’s the end of any claim, and that they will have to absorb the cost of their injuries themselves. It isn’t.
The Motor Insurers’ Bureau (MIB) exists for exactly this situation. Here is how it works in Scotland, and what you need to do to protect a claim.
The MIB was set up in 1946 and is funded by motor insurers. It compensates people injured by uninsured or untraced drivers, acting as a “fund of last resort” when there is no insurer to claim against.
It operates under two agreements with the UK Government, both of which apply in Scotland:
The rules under each agreement are strict, and missing a requirement can sink a claim. That is the main reason to get advice early.
If you know who the driver is but they had no insurance, the claim is brought against the driver. The MIB steps in to pay the compensation they can’t.
The rest of the claim looks much like any other car accident claim. You’ll need medical evidence and proof of your financial losses. Your compensation can include solatium for pain and suffering, lost earnings, care from family, and treatment and travel expenses.
There are strict notice requirements, including telling the MIB about the claim within set timescales and keeping it informed. That paperwork matters as much as the evidence.
Where the driver cannot be traced, the claim goes directly to the MIB under the Untraced Drivers Agreement. There’s no court action against an unknown driver. The MIB investigates and makes its own decision.
The MIB will want to see that the accident was genuinely caused by an untraced driver, and that you have co-operated with the police. That means:
If you disagree with the MIB’s decision on an untraced claim, you can appeal to an independent arbitrator. The deadline for appealing is short, normally six weeks.
Hit-and-run collisions happen everywhere, from city centre streets to car parks to quiet rural roads. A few patterns come up often:
Passengers who knew the driver was uninsured may face difficulties under the agreement, so get advice on that point early.
For personal injury, the MIB says a claim must generally be made within three years of the accident, the same as an ordinary injury claim in Scotland. For damage to property, the limit in Scotland is five years. Property damage is only covered in limited circumstances where the driver is untraced.
In practice, the earlier the better. Footage is overwritten and witnesses become harder to trace within days.
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MIB claims can be pursued on a no win, no fee basis through a Success Fee Agreement.
Check the termination terms before you sign, and ask for the percentage in writing.
Yes. Untraced driver claims go directly to the MIB.
It can. The MIB expects prompt reporting and co-operation with the police. Report it as soon as you can, and explain any delay.
No. A partial plate, a description or footage can all help. But a claim can succeed without the vehicle ever being identified.
Injuries are valued the same way as in any Scottish injury claim, on the medical evidence and comparable awards.
Sometimes. Where the driver is uninsured but identified, property damage can usually be claimed. Where the driver is untraced, it is covered only in limited circumstances.
Hurt by an uninsured or hit-and-run driver? Call 0333 3051 337 or start your free claim check. For the bigger picture, see our complete guide to car accident claims in Scotland and what to do after a car accident.
General information on Scots law, reviewed 04/Nov/2026. Not legal advice. No outcome is guaranteed.
