What can you claim for?

You can claim for your injury itself, known as general damages or solatium, and for your financial losses. Those losses include lost earnings both now and in the future, treatment and rehabilitation, care, travel, vehicle and property costs, and other out-of-pocket expenses. Serious, life-changing injuries such as a brain injury are higher-value claims.

How much compensation could you receive?

Every claim is assessed on its own facts, so treat these as a guide only. Minor neck or back injuries that settle within a few months tend to fall up to around £2,950, rising to roughly £5,230 to £9,470 where symptoms last one to two years. More serious neck and back injuries with lasting pain or reduced movement commonly range from about £9,470 to £33,340. The whiplash tariff used in England and Wales for road traffic accident claims does not apply in Scotland, so claims here are assessed on their merits, and your financial losses are added on top.

What if the accident was partly my fault?

Being partly at fault does not necessarily stop you claiming. Under the Law Reform (Contributory Negligence) Act 1945, partial fault usually reduces your compensation rather than removing it. That is a reason to get an assessment, not a reason to walk away.

What happens to the uninsured driver who hit you?

Driving uninsured is illegal. An uninsured driver can face a fixed penalty and points, an unlimited fine on conviction, and seizure of their vehicle. The police catch uninsured drivers using the Motor Insurance Database and automatic number plate recognition cameras. With around a million uninsured drivers estimated on UK roads by the Motor Insurers’ Bureau, this is far from rare, and none of it affects your own route to compensation through the Bureau.

Will claiming affect my no claims bonus or no claims discount?

It can, depending on your policy and whether you claim through your own insurance company for vehicle damage. We will be honest with you about that. Your personal injury claim for your injuries is separate, and it does not depend on your no claims discount.

What if the other driver drove off?

You can still claim. An untraced or hit and run driver claim is made through the Motor Insurers’ Bureau, using medical evidence, witnesses and whatever other evidence is available.

Do I need the other driver’s details to make a claim?

No. While it helps to have them, a claim can proceed without the other driver’s details, supported by medical evidence, witnesses and other evidence about what happened.

How long do I have to make a claim in Scotland?

Usually three years from the date of the accident, or from the date you became aware of your injury, under the Prescription and Limitation (Scotland) Act 1973. Different rules apply to children and to people without legal capacity, and the Motor Insurers’ Bureau has its own deadlines, so it is best to seek advice early.

How long does the claims process take?

It varies. A straightforward claim may settle in months, while claims involving the Motor Insurers’ Bureau, untraced drivers, serious injuries or disputed liability can take longer. The severity of your injury and the medical evidence needed both affect the timescale, and we will keep you updated as your claim progresses.

What will it cost to make a claim?

We work on a No Win No Fee basis, so there are no upfront fees and nothing to pay if your claim does not succeed. If it does, our success fee is capped at 20%, so you keep at least 80% of your compensation.

What is the Motor Insurers’ Bureau (MIB)?

The Motor Insurers’ Bureau is a non profit organisation, funded by insurance providers, that compensates people injured by uninsured or untraced drivers. It operates across the UK, including Scotland, and it is the route we use to claim on your behalf when the other driver had no insurance or cannot be found. The Motor Insurers’ Bureau is a non profit organisation, funded by insurance providers, that compensates people injured by uninsured or untraced drivers. It operates across the UK, including Scotland, and it is the route we use to claim on your behalf when the other driver had no insurance or cannot be found.

Uninsured Driver Claims, Scotland

Hit by an uninsured or untraced driver in Scotland? You may still be able to claim compensation, and our Scottish personal injury team can manage the whole claim for you on a No Win No Fee basis. Book a free initial call to find out where you stand.

Can you claim if you’ve been hit by an uninsured driver?

Yes. Being hit by an uninsured driver does not leave you without options. Even if the other driver had no valid insurance policy, or cannot be identified, you can still claim compensation through the Motor Insurers’ Bureau, the organisation that compensates people injured by uninsured or untraced drivers.

Missing insurance details do not close the door either. If you did not manage to get the other driver’s details at the scene, or the driver gave false information, your claim can still proceed using medical evidence, witnesses and other evidence about what happened.

You also do not need to have been driving to claim. If you were an injured passenger, a cyclist, a pedestrian or a motorcyclist, you have the same right to seek compensation.

What to do if you’ve been hit by an uninsured driver

A few steps at the scene protect both your health and your claim. First, get yourself and anyone else to safety and seek medical attention for any injuries, even ones that seem minor at first.

When it is safe to do so, gather all the necessary details:

The other vehicle’s make and model, and its registration number

The other driver’s name and contact details

Photos and video of the vehicles, the road and any injuries

The names and contact details of any witnesses

Keep any evidence of your losses too, such as receipts and a note of time taken off work. The more you record early, the stronger your compensation claim.

If the driver refuses details or drives off

Under the Road Traffic Act, a driver involved in an accident has a legal duty to stop and give their details when someone has reasonable grounds to ask for them. If the other driver refuses, or leaves the scene, report it to the police as soon as you can. A claim can still go ahead after a hit and run, so do not assume that an untraced driver means the end of the matter.

Checking the other driver’s insurance

You can check whether a vehicle is insured using the Motor Insurance Database through the askMID service. This tells you whether the other driver held valid insurance cover at the time. If there is no policy in place, that points to an uninsured driver claim through the Motor Insurers’ Bureau, which we can guide you through.

Meet the Experts

At Jones Whyte, our experienced legal professionals pride themselves on responding quickly, resolving your needs and providing you with ongoing help and support.

Find your Lawyer

Dominic Ritchie

Partner

Michael McLean

Partner and Solicitor Advocate

Greg Whyte

Managing Partner

Reviews

Our Fee Structure

Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.

No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.

When You Might Be Liable for Costs:

If you choose to terminate your agreement with us but later succeed with your claim through other means, such as through another firm of solicitors, you may be liable for the cost of the work we have completed on your behalf.
In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have misled us or falsely represented part of your claim.

These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.

Start your claim today

If you have been hit by an uninsured or untraced driver in Scotland, find out where you stand with a free initial call. It is no-obligation, it costs nothing, and in most cases we can tell you straight away whether you have a claim.

0141 674 4359

info@joneswhyte.co.uk

Already been told you don’t have a claim?

A previous “no” is not always the final word. If another firm or an insurer has told you that you do not have a claim, it can still be worth a fresh, independent assessment. This is not a guarantee of a different answer, but a second look at the facts sometimes finds a route that was missed. Our free initial call is a straightforward way to find out.

Why choose Jones Whyte

We are a Scottish firm, headquartered in Glasgow, with offices in Glasgow, Edinburgh and Aberdeen. Founded in 2013, we now have over 240 team members, and we apply Scottish law to your claim.

Our personal injury work is led by accredited specialists in personal injury law, and the firm is recognised in the Chambers UK guide and was shortlisted for Firm of the Year at the Scottish Legal Awards 2026.

We can also arrange access to medical specialists and rehabilitation support to help your recovery, not just your claim.

Uninsured Driver Claims, Scotland

Can you claim if you’ve been hit by an uninsured driver?

What to do if you’ve been hit by an uninsured driver