What is an uninsured driver promise?

Key takeaways

• If you’re involved in an accident with an uninsured driver, you can claim on your fully comprehensive car insurance policy, or through the Motor Insurers' Bureau (MIB) if you weren’t at fault

• Some policies include an uninsured driver promise, which protects your no-claims discount and waives your excess fee or refunds it when you claim

• Use the MIB to check if the other driver is insured, or talk to your insurance provider

What is an uninsured driver promise?

An uninsured driver promise is a clause many car insurance providers include in their comprehensive policies that mean your no-claims bonus is protected from claims resulting from uninsured drivers. Some will also waive your excess payment or refund it if the accident wasn’t your fault.

While an uninsured driver promise means you don’t lose any money as a result of the accident, unfortunately your car insurance premiums are still likely to rise upon renewal.

Not all insurers offer an uninsured driver promise so be sure to check when you take out cover.

What happens if I’m hit by an uninsured driver?

If you’re hit by an uninsured driver, you should:

• Take photographs and videos of the scene and any damage or injuries

• Make a note of the time and date it happened

• Take down the other car’s registration number as well as details about the car’s make and model, colour, and, if possible, any identifying features

• Try to get the details of the other driver - including their name, address and contact information

• If the other driver refuses to provide insurance details, they admit they're uninsured - or even if you suspect they are - call 101 to report the incident to the police

• Let your insurer know about the incident as soon as possible

What if it’s a hit-and-run accident?

A hit-and-run accident is when the other driver leaves the scene without giving you their details. If that happens you must call 101 from the scene of the accident to report it to the police if no one is hurt and it’s not an emergency, otherwise for emergency situations call 999. You will also have to tell your insurer as soon as possible.

How do I know if I’ve been hit by an uninsured driver?

If you have an accident, there are two ways to check if the other driver is uninsured:

• Use the askMID service. It costs £10 for a one-off search and you’ll need to input your vehicle registration and the other driver’s. If the other vehicle is on the database, you’ll be able to see the insurance details, so you can check that they match with what you’ve been provided and use them when making your claim. If there are no details, then the driver is probably uninsured

• Ring your insurance provider from the roadside, and they should be able to check if the other driver is insured for you

Will I get compensation if I have an accident with an uninsured driver?

Yes, if you have an accident with an uninsured driver and you’re not at fault and you have insurance, you can claim compensation from the Motor Insurers' Bureau (MIB), regardless of the level of cover you have.

📣 Did you know? A quarter of young drivers aged 18-24 are unaware that it’s compulsory to have insurance for any vehicle used on public roads, according to a survey by the MIB.

Can I claim on my car insurance if I’ve been hit by an uninsured driver?

Yes, if you have a fully comprehensive car insurance policy, you can make a claim through your insurance provider. Be aware that if the driver is uninsured this will likely take a lot longer than a standard claim.

If you only have third-party, or third-party, fire and theft cover, you won’t be able to make a claim through your insurance provider. The MIB may be able to offer you compensation instead but this process is often very slow. Payouts can vary between a few months and several years, depending on the circumstances. The average is around nine months.

Can an uninsured driver claim on my car insurance?

Yes, if the accident is your fault then an uninsured driver can make a claim on your insurance policy. Your insurance provider will pay for the uninsured vehicle to be repaired. However, the uninsured driver will still be fined and have points added to their licence, and their vehicle may even be seized.

If you have fully comprehensive car insurance then your provider will cover your own repairs too. If not, then you’ll need to pay for it yourself.

What if the accident was my fault?

If the accident was your fault, then you will be expected to pay for repair costs to both your car and theirs, even if they are uninsured. Your third-party insurance should cover the repairs to the other person’s vehicle, but not your own. So, unless you have comprehensive cover, you will have to fork out to repair your car.

However, the uninsured driver can still be prosecuted for not having legal insurance and the police have the power to seize their vehicle.

What if the other driver can’t be found?

If the other driver can’t be found (known as an untraced driver), you can still make a claim if you have fully comprehensive insurance, but if not you’ll need to go through the Motor Insurers' Bureau (MIB). You’ll be able to submit an application online, and you’ll need to provide as much evidence as possible to back up your claim. This can include:

• Witness statements

• Camera footage - from a CCTV or dashcam

• Photos you’ve taken at the scene of the accident. For example, photos of debris belonging to another car, or tyre marks on the road

What are the penalties for driving without insurance?

If you drive without insurance, as well as being liable for the cost of an accident and any costs associated with the resulting claim, you could:

• Get a fixed penalty of £300

• Have six penalty points added to your driving licence

• Face a court prosecution, with the possibility of an unlimited fine and being disqualified from driving

• Have your vehicle seized

• Be subject to a higher insurance premium if caught driving uninsured

How can I compare car insurance quotes?

Comparing car insurance quotes with MoneySuperMarket is a quick and easy way to find affordable cover. All you need to do is tell us a little about yourself, the car you’re insuring and your driving history, and we’ll put together a list of quotes tailored to your needs.

You can then check which policies offer you the right level of cover to protect against the costs of uninsured driver incidents.