How to Claim Against Another Driver UK 2026

Last reviewed: 26 April 2026

What "claiming against another driver" means in UK law

When another driver causes an accident in which you suffer loss, vehicle damage, personal injury, or uninsured losses such as hire vehicle costs or lost earnings, you have a legal right to seek compensation from that driver. This right derives from the law of negligence and is practically enforced through the third-party liability section of the at-fault driver's motor insurance policy.

All UK motor insurers are required to provide third-party liability cover under the Road Traffic Act 1988, section 143. The minimum cover is Third Party Only, which covers the at-fault driver's liability to third parties for personal injury and property damage. A third-party claim is made against this section of the at-fault driver's policy, not against your own policy.

The distinction matters because: (1) a successful third-party claim does not affect your own no-claims discount; (2) your own policy excess does not apply to your losses; (3) the at-fault driver's insurer bears the cost of the settlement.

Step 1: Gather evidence at the scene and immediately after

The strength of a third-party claim depends entirely on evidence. At the scene, collect: the other driver's full name, address, vehicle registration number, and insurance details. Photograph the scene from multiple angles, capturing vehicle positions, road markings, damage to both vehicles, any skid marks, and relevant road signs. Note the time, date, weather conditions, and road surface state.

If there are independent witnesses, pedestrians, other drivers, passengers in passing vehicles, obtain their names and contact details. Witness evidence from parties with no interest in the outcome carries significantly greater weight with insurers and courts than the accounts of the parties directly involved.

Report the incident to your own insurer promptly, even if you intend to claim directly against the other driver's insurer. Most motor policies require notification of any incident within 24 hours or as soon as reasonably practicable. Failure to notify within the required timeframe can affect your cover under your own policy.

For incidents involving personal injury, obtain a medical assessment as soon as possible. Medical records documenting injury chronologically from the date of the incident are essential for any personal injury element of the claim.

Step 2: Identify the other driver's insurer

If the other driver provides their insurer's name and policy number at the scene, contact that insurer directly to register a third-party liability claim. All FCA-authorised motor insurers are required by ICOBS to handle third-party claims in a timely and transparent manner.

If the other driver refuses to provide insurance details, or if you cannot identify the insurer from the information given, use the Motor Insurers' Bureau's AskMID service at askMID.com. AskMID allows registered users to check whether a vehicle is recorded as insured on the Motor Insurance Database (MID), operated by the MIB. If the vehicle is recorded as insured, the insurer is identified. If the vehicle is not insured, the MIB's Uninsured Drivers Agreement applies.

Step 3: Lodge the third-party claim with the at-fault driver's insurer

Contact the at-fault driver's insurer directly, referencing the other driver's vehicle registration and the date and location of the incident. The insurer will open a claim file and assign a claims handler. Provide: your account of the incident, all photographic evidence, witness contact details, a repair estimate for vehicle damage, medical documentation for any injury, and receipts for any uninsured losses.

The insurer will conduct its own liability assessment. If it accepts that its policyholder was at fault, it will proceed to settlement. If it disputes liability, a period of negotiation or formal proceedings may follow. Under FCA ICOBS, insurers must handle claims promptly and fairly, without unreasonable delay.

For vehicle damage, the at-fault driver's insurer may instruct an independent engineer to assess the vehicle. Where repairable, the insurer will authorise repair through its network or offer a cash settlement. Where a total loss is declared, it will offer a market-value settlement based on the vehicle's value on the date of the loss.

Step 4: Escalate if the claim is disputed or delayed

If the at-fault driver's insurer disputes liability, delays the claim beyond a reasonable period, or offers a settlement you consider inadequate, escalate through the formal complaints process. The insurer must acknowledge complaints promptly and issue a Final Response Letter within eight weeks (FCA ICOBS requirement).

If the Final Response is unsatisfactory, escalate to the Financial Ombudsman Service (FOS) at financial-ombudsman.org.uk, free of charge. FOS is the statutory dispute resolution body for regulated financial services. For personal injury claims in road traffic accidents valued below £5,000 (the small claims track limit from May 2021 under the Civil Liability Act 2018), use the Official Injury Claim portal at officialinjuryclaim.org.uk.

Step 5: If the other driver is uninsured or untraced

Where the at-fault driver is uninsured, or where the accident was a hit-and-run and the driver cannot be identified, the Motor Insurers' Bureau operates two schemes: the Uninsured Drivers Agreement for identified but uninsured drivers, and the Untraced Drivers Agreement for unidentified hit-and-run drivers. Both schemes require a formal MIB application at mib.org.uk. Police notification of the incident is typically required. The penalty for driving without insurance is £300 and six penalty points (gov.uk).

Key Figures

Frequently asked questions

Can I claim directly against the other driver's insurer?

Yes. You can contact the at-fault driver's insurer directly to make a third-party liability claim. This route does not affect your own no-claims discount and does not require you to pay your own policy excess.

What if the other driver is uninsured?

If the other driver is uninsured but identified, the Motor Insurers' Bureau's Uninsured Drivers Agreement covers your claim. If the driver is untraced (hit-and-run), the Untraced Drivers Agreement applies. Contact the MIB at mib.org.uk.

How long does a third-party claim take?

Simple, uncontested vehicle damage claims with clear liability can settle within weeks. Disputed liability claims or those involving personal injury can extend to months or longer. The FCA requires insurers to handle claims without unreasonable delay under ICOBS.

Will claiming against another driver affect my no-claims discount?

A successful third-party claim, where the at-fault driver's insurer settles fully, should not affect your no-claims discount. Notify your own insurer of the incident and confirm their NCD position in writing.

What is the Financial Ombudsman Service and when can I use it?

FOS is the statutory free dispute resolution service for financial services complaints. If your claim dispute with an insurer is unresolved after eight weeks, escalate to FOS at financial-ombudsman.org.uk, free of charge.

Sources & Verification

• Road Traffic Act 1988, section 143: https://www.legislation.gov.uk/ukpga/1988/52
• Motor Insurers' Bureau: https://www.mib.org.uk
• AskMID, Motor Insurance Database: https://www.askmid.com
• Official Injury Claim portal: https://www.officialinjuryclaim.org.uk
• Civil Liability Act 2018: https://www.legislation.gov.uk/ukpga/2018/29
• Financial Ombudsman Service: https://www.financial-ombudsman.org.uk
• ABI Motor Insurance Premium Tracker Q4 2025: https://www.abi.org.uk
• gov.uk, Driving without insurance: https://www.gov.uk/vehicle-insurance/penalty-for-driving-without-insurance

This article is for informational purposes only and does not constitute financial advice. Always verify rates with official sources before making any financial decision.