Does no insurance policy mean no payout?


I was hit by someone with no insurance, what can I do

I came off my vintage Norton Commando. I was filtering at a sensible speed, probably 10mph or so, to get to the front of the queue at traffic lights. The car suddenly pulled out the queue to turn right but didn’t indicate or check it was safe to do so. Fortunately I was not badly injured with just wrist sprains, bruising and a sore neck, which still isn’t right. But there is damage to my leathers and the bike which I want to claim for. It was solely the drivers fault, however, he did not have valid insurance cover as he failed to renew it the week before, and his insurers are refusing to compensate me. Is there anything I can do?

You have a couple of options open to you, answered by Andrew Campbell, Solicitor and author of the MCN Law column:

Sue them personally

If the car driver has the means to pay then you can sue him personally through the small claims court.

Compensation through the Motor Insurers’ Bureau

If he does not then you do not need to sue the uninsured driver directly. The Motor Insurers’ Bureau (MIB), a government body, compensates people injured by uninsured drivers. You need to submit a claim via their application form.

Instruct a solicitor

The Uninsured Drivers’ Agreement is full of pitfalls and deadlines. I recommend that you instruct a solicitor so he/she can handle your claim as the MIB is happy to reject claims where its rules have not been complied with. You are entitled to claim for pain, suffering and loss of amenity in addition to damages to compensate you for your financial losses.

Another reason for using a solicitor is to deal with inevitable arguments from the MIB that you were partly to blame due to you filtering. An experienced motorcycle accident solicitor knows how to deal with such arguments.

Call our experts

MCN Compare have teamed up with Bikelawyer and are now offering a free accident advice line with you if you have taken out a policy with MCN Compare, this advice line is available to customers for the full year their policy is active for. Bikelawyer is a leading firm of specialist motorcycle accident solicitors founded on the principle of providing injured bikers with unparalleled expertise coupled with first rate service. So if you have an insurance policy with us and are unsure following an accident call 01446 794199 and reference your policy number for free accident advice from our experts!

Read our next article on what to do after an accident that isn’t your fault here>

Go back to our insurance guides>


Written by Jon Urry, MCN Journalist.
Reviewed on 14th February 2019 by Andrew Campbell, MCN Legal Advisor.
Edited by Sian Daly, MCN Compare content editor.