What to do if your car is hit by an uninsured driver

Getting into a car incident can be stressful at the best of times, but what happens if the other driver is uninsured?

Published: 27 Nov 2024 Last updated: 01 Jul 2026 7 mins read

Key points

If you're hit by an uninsured driver, you can still make a claim through your insurer.
In many cases, an accident involving an uninsured driver will not affect your no claim discount. Some insurers, including Aviva, may also reimburse your excess if it is clear you were not at fault.
Driving without insurance is illegal in the UK and can lead to serious consequences, including fines, points on a licence and vehicle seizure. Uninsured drivers may also face significant financial and legal penalties if they cause injury or damage.

You're driving along, your car is hit by another driver, and you stop to exchange details – then it turns out they don't have car insurance. What next?

You can still make a claim through your insurer to repair your car if it has been damaged. Usually, there won't be an impact on your no claim discount if you're in an accident with someone who isn't covered.

Some insurers, including Aviva, have gone a step further and created the Uninsured Driver Promise. This means that not only is your no claim discount protected, but if it's clear you weren't at fault in the accident, you won't have to pay the excess either (or if you did pay it, you'll get it back).

What makes uninsured drivers such a serious issue?

The Road Traffic Act requires all drivers to have at least third-party insurance, and it is illegal to drive without insurance. Third-party insurance would cover you for the damage and injury you caused to someone else. Not having insurance is punishable by fines, points on your licence (which can lead to a suspended licence), and possibly imprisonment. The police also have the power to seize your car. ^{Footnote [1]}

So why do people risk getting caught without insurance? "Theoretically, the system will catch up with you," James says, "mainly because of number plate recognition technology fitted to vehicles and static sites, which checks whether you are taxed and insured (and have a valid MOT). But there are all sorts of things people will do to avoid getting caught – like take out policies and then cancel them to try to fool the system."

James warns it's not worth the risk. If you're involved in an accident without car insurance, it might be the least of your worries at the time – but will definitely add to your problems. "If you kill or seriously injure somebody, you could end up facing criminal charges," says James. "No insurance? That's an aggravating factor, which can increase the penalties imposed – it could even mean being imprisoned for longer. Financially, it could ruin you – the central fund which pays out claims can take your assets, even your watch or your house."

Could I be uninsured without knowing?

One of the most common causes of confusion around insurance is when you're driving a different car than usual. Many drivers assume their own insurance automatically covers this. For James, however, there's no doubt at all.

"The rules are absolute," says James. "If you drive a car on the public highway, it must be insured for you to drive. If you buy a new car, before you drive it away, you must be sure you contact your insurer and add it to your policy or buy a new policy."

Buying a new car

Most dealers offer what's called a driveaway policy, which is valid for five to seven days starting the moment you leave the forecourt. "Many insurers, including Aviva, back these policies, and some then offer the opportunity to buy an annual policy with them. So there's really no excuse for catching yourself out and being uninsured other than not bothering to think about it," says James.

Driving other people's cars

You don't necessarily have coverage for driving other cars just because you have a policy for your own car. This is a benefit that comes with many motor insurers policies and can be added to some policies, but not all. If you do have it, it's likely to apply only if:

You're the policyholder (not a named driver)
You have the permission of the vehicle's owner
You're using the car for the same purposes as your policy covers you for driving your own car
You're only borrowing it – you can't pay to use it
You're over 25 (as it's often not available to young or novice drivers)

In addition, you'll only have third party cover on other people's cars, so any damage to the vehicle will have to come from your own pocket.

"The best thing to do to help protect everybody if you're a group of friends on a road trip is to add them as named drivers on the policy on the vehicle," James advises.

If you're an Aviva Signature car insurance customer, you can temporarily add friends as named drivers through MyAviva. Any changes to your policy could affect your premium and the amount of any increase or decrease will depend on factors including how long you want to add them for, their driving history and your vehicle.