Hit and run claims Scotland — claiming through the Motor Insurer's Bureau
Reviewed by [Solicitor Name TBC], Personal Injury Solicitor, regulated by the Law Society of Scotland Last reviewed: 31 May 2026
In brief: If you were injured in a hit and run accident in Scotland, or in an accident caused by an uninsured driver, you can still make a compensation claim. Accidents where the driver cannot be traced or was uninsured are handled through the Motor Insurer's Bureau (MIB). The MIB process has specific requirements and deadlines that differ from a standard insurer claim. A solicitor experienced in MIB claims can guide you through the process.
Start a free MIB claim assessment or call 0800 123 4567.
What is the Motor Insurer's Bureau?
The Motor Insurer's Bureau (MIB) is a non-profit organisation funded by motor insurers. It was established to ensure that victims of road accidents are not left without compensation simply because the driver responsible was uninsured or could not be traced.
All motor insurers in the UK contribute to the MIB, and in return the MIB compensates victims in cases where the normal insurance route is unavailable.
The MIB operates two separate schemes, each covering a different type of situation.
The Untraced Drivers Agreement — hit and run accidents
The Untraced Drivers Agreement (UDA) applies when the driver who caused your accident drove away and cannot be identified. This is a hit and run claim.
Under this agreement, the MIB compensates accident victims for personal injury (and, in fatal cases, death) where:
- The accident occurred on a road or other public place in Great Britain
- The vehicle involved has not been identified or traced
- The victim reported the accident to Police Scotland within 14 days (or as soon as reasonably practicable)
The 14-day reporting deadline is critical. If you were involved in a hit and run accident in Scotland, report it to Police Scotland as soon as possible and within 14 days at the very latest. Failure to report within this period can result in the MIB declining your claim.
What the Untraced Drivers Agreement covers
The UDA covers personal injury claims, including physical and psychological injuries. It also covers fatal accident claims. Property damage is not covered under the UDA.
Compensation under the UDA is assessed in the same way as a standard personal injury claim — using medical evidence and the Judicial College Guidelines as a reference point. The MIB appoints its own claims handler, and the process involves submitting evidence and, if the claim is disputed, an appeal process.
The Uninsured Drivers Agreement — accidents with an uninsured driver
The Uninsured Drivers Agreement (UDA) applies when the driver who caused your accident has been identified but was not insured. This covers situations such as:
- The other driver was driving without insurance
- The other driver was driving a vehicle they were not insured to drive
- The other driver's insurance was invalid at the time of the accident
Under the Uninsured Drivers Agreement, the MIB steps into the shoes of the absent insurer and compensates the victim as if a valid insurance policy were in place.
What the Uninsured Drivers Agreement covers
Unlike the Untraced Drivers Agreement, the Uninsured Drivers Agreement covers both personal injury and property damage (subject to an excess).
The claim is pursued in much the same way as a standard road traffic accident claim, except that the MIB is notified and has certain rights to intervene in the proceedings.
Specific requirements for MIB claims in Scotland
MIB claims are more procedurally demanding than standard road traffic claims. Key requirements include the following.
Report to Police Scotland. For hit and run claims (untraced driver), the accident must be reported to Police Scotland within 14 days, or as soon as reasonably practicable if that was not possible. A police crime reference number is needed.
Notification to the MIB. Your solicitor must notify the MIB of the claim in the prescribed form and within a set timeframe. For uninsured driver claims, the MIB must be notified before or within 14 days of court proceedings being raised.
Cooperation with the MIB. You and your solicitor must provide the MIB with information and evidence as required during the claims process. Failure to cooperate can affect your entitlement to compensation.
Applicable time limits. The standard three-year time limit applies. For hit and run claims, the 14-day police reporting requirement is separate from and additional to the three-year claim limitation period.
A solicitor experienced in MIB claims will ensure all procedural steps are taken correctly and on time.
How much compensation can you receive through the MIB?
Compensation through the MIB is assessed in the same way as a standard personal injury claim. General damages reflect the pain, suffering, and loss of amenity caused by your injury. Special damages cover financial losses.
There is no reduction in the level of compensation simply because the claim goes through the MIB rather than a conventional insurer. You are entitled to the same level of compensation as any other accident victim.
These figures are illustrative only.
| Injury | Illustrative range |
|---|---|
| Whiplash, minor (under 3 months) | £1,000 to £2,500 |
| Whiplash, moderate (3 to 12 months) | £2,500 to £7,500 |
| Back injury, minor to moderate | £7,000 to £26,000 |
| Fractures | £6,000 to £30,000+ |
| Serious injuries | £50,000 to £354,000+ |
Scotland's no-tariff advantage applies to MIB claims in the same way as standard claims. Whiplash and soft-tissue injuries are assessed by medical experts on the actual injury, not a capped tariff.
What to do after a hit and run accident in Scotland
Acting quickly is particularly important in hit and run cases.
- Call 999 if anyone is injured. Attend to your own and others' safety first.
- Report to Police Scotland immediately. Do this at the scene if possible, or at a police station within 14 days. Get a crime reference number.
- Note everything you can. Even if the vehicle drove off, note the time, location, direction of travel, vehicle colour, make, and any partial registration details. Even partial information may help trace the vehicle.
- Seek medical attention. Visit your GP or hospital as soon as possible after the accident.
- Photograph the scene and your injuries as soon as it is safe to do so.
- Note any witnesses. Anyone who saw the accident may be able to provide evidence.
- Speak to a solicitor. Contact a Scottish personal injury solicitor experienced in MIB claims before making any formal application to the MIB. The process has specific procedural requirements that are best handled by a solicitor from the outset.
How the MIB claims process works
- Free assessment. You describe the accident and your injuries. Your solicitor advises whether you have a viable MIB claim.
- Police report and MIB notification. Your solicitor ensures the police report has been made and notifies the MIB in the correct form.
- Evidence gathering. Medical records, police reports, witness statements, and other evidence are compiled.
- MIB investigation. The MIB investigates the claim and may request further information.
- Negotiation or determination. For uninsured driver claims, the process broadly mirrors a standard claim. For untraced driver claims, the MIB makes a determination on the evidence.
- Appeal if needed. If you are unhappy with the MIB's decision on an untraced driver claim, there is an arbitration process available.
No Win No Fee MIB claims in Scotland
Hit and run and uninsured driver claims are handled on a No Win No Fee basis. You pay nothing if your claim is unsuccessful.
Find out more about No Win No Fee in Scotland.
Time limits
The standard three-year time limit applies. For untraced driver claims, the additional 14-day police reporting requirement is separate — missing this requirement can affect your ability to use the MIB scheme, regardless of the three-year limitation period.
Frequently asked questions
What if I only have a partial registration number?
Even a partial registration may allow Police Scotland to identify the vehicle. Report everything you observed to the police, however limited. The MIB may also conduct its own enquiries to try to trace the vehicle.
Can I claim if I did not report the accident within 14 days?
The 14-day reporting requirement for untraced driver claims is strict. However, the MIB may accept a late report where you can show it was not reasonably practicable to report within 14 days (for example, if you were hospitalised). Speak to a solicitor immediately if you have missed this deadline.
What if the other driver gave me their details but then turned out to be uninsured?
This is an uninsured driver claim, not an untraced driver claim. You should notify the MIB and your solicitor will pursue the claim through the Uninsured Drivers Agreement. The 14-day police reporting rule for untraced drivers does not apply.
Does the MIB pay the same as a normal insurer?
Yes. The MIB is required to pay compensation at the same level as a conventional insurer would. There is no discount applied simply because the claim goes through the MIB rather than a conventional insurance route.
Can I claim for property damage in a hit and run?
Property damage is not covered under the Untraced Drivers Agreement. If your vehicle was damaged in a hit and run and the driver cannot be found, you would need to claim under your own motor insurance policy if you have comprehensive cover. Property damage is covered under the Uninsured Drivers Agreement where the at-fault driver is identified.
What if I was a pedestrian or cyclist hit by an untraced vehicle?
Yes. Pedestrians and cyclists injured by untraced or uninsured vehicles can claim through the MIB in the same way as car occupants. The same reporting requirements apply.
Start your MIB claim today
Hit and run and uninsured driver claims require prompt action, particularly the 14-day police reporting requirement. A free assessment is available now.
