Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Uninsured Driver Claims Scotland

How can you make a compensation claim against an uninsured driver?

Motorists driving without insurance cost the insurance industry millions of pounds each year. In addition, innocent drivers help to pick up the tab for their recklessness. When involved in an accident with an uninsured driver, many motorists are unsure as to whether they can make a compensation claim or not.

The short answer is 'yes'; it is possible to make a claim against an uninsured driver. The Motor Insurers Bureau (MIB) was formed in 1946 to make provision for exactly this sort of situation. To ensure that all insured drivers can still launch compensation claims against the uninsured, the MIB asked for contributions from all the major insurance companies. In effect, this means that each insured driver is paying an extra £30 on top of the cost of their basic policy to cover the costs of claiming against an uninsured driver. However, because that driver is operating outside the law, there are certain procedures the scrupulous motorist should take to ensure that the claim can proceed as smoothly as possible.

Gather the evidence

It is important that as much evidence as possible is gathered. Without insurance details to rely on, the insured driver must try and obtain as much information about the other party as he can. This may be hard to obtain, but should include the name and address of the other driver, the make, model and registration of the uninsured car, names and addresses of any witnesses and, where possible, photographs of the accident. This information is important because without insurance the other driver is virtually untraceable. While claims of this sort can be dealt with under the Untraceable Driver Agreement, the compensation available is significantly less. If it is possible to establish the other driverís identity, the claim should proceed as though he or she were insured to begin with.

Find a good solicitor

The next step is to find a solicitor who has experience of making claims against the MIB. The solicitor will then write two letters - one to the MIB stating that you will be making a claim against them and one to the uninsured driver, stating that the MIB will be involved on their behalf. At this point, the MIB can begin investigating the circumstances of the accident. In the case where both drivers are insured, the insurance companies acting on behalf of the drivers involved will both present evidence to respectively support and deny the claim.

Where only one party is uninsured, the MIB may have to rely solely on the evidence provided by the claimant as uninsured defendants often refuse contact with the MIB on the grounds that the MIB may attempt to recover any compensation they have paid out.

While it is possible to make a compensation claim against an uninsured driver, the process can be a complicated and lengthy one. However, provided the claimant provides the necessary evidence and information and seeks the services of an experienced solicitor, the claim should run as smoothly as possible. Taking action of this sort not only compensates for damage and personal injury, but it also sends out a message to those drivers who choose to flout the Law and expect others to pay for their carelessness.

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Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.


My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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