Hit and Run Compensation – Failure to Stop Accident Claims
What exactly is hit and run compensation and how could you claim it after being injured? A hit and run incident can affect other motorists, pedestrians, cyclists, scooter riders, motorbikes or horse riders on UK roads. If the motorist in question fails to stop, it still may be possible to make a personal injury claim if you are not at fault for the incident.
After an accident like this, it may seem unlikely that there could be any chance of receiving damages if the driver who collided with you failed to stop or was never traced. This article will explain how you can seek compensation through the Motor Insurer’s Bureau (MIB).
You may have heard about the new Whiplash Reform Program which came into effect in May 2021 and have concerns over the way your injury claim might be handled now? Throughout this guide we will explain who may be exempt from the New Claims Portal set up in collaboration by the MIB and the Government.
Learn more about your claim by:
- Calling our team on 020 3870 4868
- Email or write to us at UK Law.co.uk
- Or use the ‘live support’ option to the bottom right of this screen
Select A Section
- What Is A Hit And Run Or Failure To Stop Accident?
- Steps To Take After A Hit And Run Accident
- What Happens In A Hit And Run Compensation Claim?
- Who Could Make A Hit And Run Compensation Claim?
- Average Hit And Run Compensation Payouts
- Talk To Us About Hit And Run Compensation
Hit and run accidents describe a collision with a pedestrian or another road user in which the driver fails to stop or exchange details. Under section 170 of the Road Traffic Act 1988, subsection (2) states that personal injury caused to others requires the driver to stop, and under reasonable grounds provide their name, address and identification marks of their vehicle (or the details of the car owner if different).
If there is a reason that the driver does not give their name and address, under subsection 3 they must report the accident to the police within a 24 hour period. Failure to comply with subsection 2 or 3 means the driver is guilty of an offence. The Sentencing Council have a category ranging from 1 – 3 in seriousness for ‘failure to stop’ offences that can result in that driver receiving 5 – 6 points all the way up to disqualification or even custody.
Why Do Drivers Fail To Stop At The Scene Of Accidents?
In a report written for the Motor Insurer’s Bureau, several motivations were identified for drivers leaving the scene after an accident.
- Self-preservation – Fears of personal repercussions or any criminality can mean that certain drivers are reluctant to stop or exchange details.
- Alcohol or drug consumption – Drivers who are over the limit or otherwise intoxicated may be aware of this fact and seek escape to avoid the consequences. Alcohol and drugs may also contribute to poor split-second judgements like this.
- No knowledge of the accident – A minor bump or scrape in their vehicle may not register.
- Trivial – In some cases, the driver fails to stop due to thinking that the accident was so minor no need to stop.
After a hit and run incident, there are some practical steps that you can take:
- Firstly, stop your car somewhere (if you are driving) at the side of the road. Or move your bike over to the kerb if you can.
- Always seek medical advice if injured
- Call emergency services for anyone injured
- Get the other driver’s number plate, make and model of the vehicle.
- CCTV or dashcam evidence can be very useful to obtain as soon as possible
- See if you can obtain any eye-witness’s details that could give an account of the accident
- Take photos of any damage
- Request copies of medical notes
- Get a crime number from the police
The Motor Insurer’s Bureau (MIB) pays compensation in non-fault cases where compulsory motor insurance should have been in place. This means the MIB could award compensation for death, injury or property damage to the non-fault party of a hit and run accident.
In hit and run cases, there may not be any way of ever finding out who the driver was or having a chance at seeking compensation from them. It is important to point out though, just because a driver has left the scene of an accident without exchanging details does not automatically make them the fault party.
The MIB will still need to investigate to see who was at fault for the accident before they can award compensation. So the onus will be on you to prove using evidence who you think is at fault for the incident.
You can approach a claim with them independently or with the help of a personal injury lawyer. Call the number at the top of this page for help with this.
Claims Against Uninsured Drivers
An uninsured driver is in breach of the law. When you are hit by a driver who turns out to be uninsured, it is still important to obtain their registration details. An accident that involves an uninsured driver should be reported to the police. Once again, the MIB may be able to cover your damages if it is proven that you are not the fault party.
Hit and run compensation can be claimed by any of the following parties:
- E-Scooter riders
- Horse riders
Collisions and road traffic accidents are common, with government statistics pointing out that by the year ending June 2021, an estimated 24,530 people were killed or seriously injured on Great Britain’s roads.
Under the guidance in the Highway Code, all road users must adhere to the standards of skill and care of the average motorist and failure to do so could make the other party liable if they injure you. It’s important to note that failing to stop after an accident could be considered a separate offence.
There is a distinction between careless driving and dangerous driving:
Careless driving is outlined in section 3 of the Road Traffic Act 1988 as driving in a way that falls short of the expected standards. This could include:
- Driving too closely behind another vehicle
- Ignoring a red light
- Driving in an unnecessarily slow way or needlessly braking
- Misusing lanes (such as overtaking on the left)
Furthermore, section 2 of the Road Traffic Act 1988, dangerous driving is defined as driving in a way that falls far below the expected standards of a competent and careful driver. Such as:
- Speeding or driving aggressively
- Overtaking dangerously
- Ignoring hazards on the road
- Drink driving
- Driving a vehicle that the driver knows is dangerous
- Dangerous driving must be obvious to a competent road user that the standard of driving is clearly likely to cause accident.
After a road traffic accident of any kind, medical evidence is required as the starting point for calculating damages. Hit and run compensation is evaluated like other personal injury claims by sitting for an independent medical assessment with a GP or specialist.
Their examination will produce a report that details exactly the extent of your injuries as well as long term prognosis and risk of future problems. It can also clarify or rule out other health conditions.
The details of your injuries can be compared with those listed in an index of award brackets called the Judicial College Guidelines. This publication does not provide guaranteed amounts but it does aim to offer a guide for the appropriate level of physical or emotional damages to request. The figures aim to acknowledge:
- Pain and suffering
- Loss of amenity or pleasure in life
- Risk of future ill-health problems caused by the injury
- Increase risk of mental health problems
Below is an excerpt from the Judicial College Guidelines showing some of the award amounts that may be applicable:
|Injury||severity||Judicial College Guidelines||notes|
|head||less severe (d)||£14,380 to £40,410||injuries that leave persistent minor symptoms but enable the sufferer to return to most aspects of normal life|
|neck||severe (a) (ii)||£61,710 to £122,860||cervical spine damage to the discs affecting movement in the neck or sensation in the limbs|
|back||moderate (b) (i)||£26,050 to £36,390||fractures of a crush or compression nature, considerable pain and discomfort with potential need for surgery|
|arm||less severe (c)||£18,020 to £36,770||despite a significant level of disability, a good recovery is expected or will have taken place|
|knee||severe (a) (i)||£65,440 to £90,290||cases like this require long treatment periods because of high levels of pain and loss of mobility|
|leg||less serious (c) (i)||£16,860 to £26,050||serious soft tissue injuries that leave an uneven walk or gait, discomfort and the risk of exasperating any pre-existing disabilities|
|ankle||very severe (a)||£46,980 to £65,420||transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and a serious level of disability|
|psychiatric harm||moderate (c)||£5,500 to £17,900||mental health issues that impact ability to cope as before with life or education. Impact on relationships. Treatment does help and prognosis is good.|
In addition to general damages, you may be eligible for hit and run compensation that covers other losses. After an accident such as this, there could be a wide array of unforeseen and additional costs that you need to meet as you adjust afterwards. With the correct documentation to prove these losses, it may be possible to request reimbursement for:
- Lost wages
- Loss of future earnings
- Damage to your bike, motorbike or scooter
- Travel costs to hospital or work
- Physiotherapy or counselling costs
- Other medical needs that are unavailable on the NHS (scarring etc)
- Additional child care costs
- The costs of adapting your home or car
It’s important to note that you would need to have documents such as receipts, invoices or statements that prove these out-of-pocket expenses. Hit and run compensation claims should also include all the forecasted costs that may arise in the future. As it is possible to make only one claim, it’s essential to include a realistic and accurate request for all the potential costs to you. A personal injury lawyer can help with this.
The Whiplash Reform Program
Since May 2021, there is a new way of processing whiplash and soft tissue injury claims for adults in vehicles. The Official Injury Claim service (OIC) is a governmental portal that now processes all injuries valued at £5,000 or under. This does not apply when claiming through the MIB.
If you need to start a claim for hit and run compensation, a personal injury lawyer acting under a No Win No Fee agreement could help. Also known as ‘Conditional Fee Agreements’ this can be a way to hire a solicitor with no upfront payment. There are no fees to pay as the case goes forward. If the case fails, you have nothing to pay your solicitors.
When a hit and run compensation claim succeeds, an amount of no more than 25% is due to your solicitors. This is known as a ‘success fee’ and is paid after the solicitor receives the settlement. With this in mind, a No Win No Fee agreement enables claimants to access legal representation quickly and easily.
Find out more by contacting our team. We can help you connect with a No Win No Fee solicitor now. Ensure your hit and run compensation claim starts correctly by:
- Accessing expert free legal advice from our team by calling 020 3870 4868
- Or write to us at UK Law.co.uk
- Using the ‘live support’ option at the bottom of this screen
Road Traffic Accident Victim Resources
As well as hit and run compensation information, below are further resources to help with other types of personal injury claims.
- Find out more about what to do if you are hit by an uninsured driver
- Or pedestrians hit by a car at a junction
- In addition to this, there are more details about careless driving versus dangerous driving
- Furthermore, you can read information about how to report a crime to the police
- And see further reading about help after a crash from the charity Brake
- Lastly, you can access advice from the government for pedestrian safety
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