How Do Hit and Run Claims Work?
By Stephen Moreau. Last Updated 29th November 2023. This guide will look at what you could do following a hit-and-run car accident. If you have suffered an injury in an accident where the other driver is untraceable, you may wonder whether you could still claim compensation.
We will look at how to make a claim through the Motor Insurers’ Bureau (MIB). The MIB can award compensation when you have been involved in an accident with an uninsured or untraceable driver. However, you must be able to meet specific claiming requirements. This guide will look at these as well as what evidence you could submit that will support your claim.
Additionally, we explain how compensation could be awarded for injuries you suffered in a hit and run in the UK. Furthermore, should you wish to seek compensation, you may like to have the support of a solicitor. We conclude this guide with a look at the benefits of having a No Win No Fee solicitor to help you with your claim.
If you need any help or free advice, or would like to start your claim, speak to one of our advisors. To contact an advisor:
Select A Section
- Hit And Run Compensation – How Do I Know If I’m Eligible To Claim?
- What Is The Motor Insurers’ Bureau?
- How Long Do I Have To Make A Hit And Run Claim?
- Evidence To Support Hit And Run Claims
- UK Hit And Run – Compensation For Hit And Run Injuries
- Make A Hit And Run Claim With A No Win No Fee Solicitor
In order for you to have a valid personal injury claim following a hit and run car accident, you must establish the following:
- You were owed a duty of care by another road user.
- This road user breached their duty of care.
- You suffered physical or mental injuries as a result.
All road users owe each other a duty of care. Per this duty, they must navigate the roads in a way that avoids causing harm to themselves and others. Additionally, they must adhere to the rules and obligations set out for them in the Highway Code and the Road Traffic Act 1988.
If you were injured in a hit and run accident due to another road user breaching their duty of care, you could be eligible to make a personal injury claim. As stated above, you would make your claim through the MIB.
To see if you could be eligible to make a claim for hit-and-run compensation, you can get in touch with one of our advisors.
If you are hurt in a hit and run accident, and the driver responsible either cannot be traced or turns out to be uninsured, then you could potentially seek compensation for your injuries from the Motor Insurers’ Bureau (MIB).
The MIB is an organisation which was created to help victims of road traffic accidents receive compensation for injuries and financial losses when the usual methods (like claiming against the liable party’s insurance) are not possible.
All of the registered motor vehicle insurers in the UK contribute funding to the MIB so it can provide compensation for valid claims. The MIB can support hit and run claims and other types of road traffic accident claims that involve an uninsured or untraced driver.
For more advice on how the MIB may be able to assist with a claim for a hit and run in the UK, please contact our advisors today for free.
The time limit for all personal injury claims is three years, as outlined by the Limitation Act 1980. This means that you have to start proceedings within three years of suffering your injuries.
However, in some cases, you may be able to make a hit and run claim outside of this time limit. For example, if you are injured while under the age of eighteen, the time limit is frozen. A litigation friend can make a claim on your behalf during this time, but you won’t be able to claim for yourself until the time limit comes into effect on your eighteenth birthday. Then, it runs until you turn twenty-one, giving you three years from your eighteenth birthday to claim hit and run compensation.
The time limit is also frozen for those who lack the capacity to claim for themselves. However, in these cases, it is frozen indefinitely and only comes into effect if the claimant regains the appropriate mental capacity. Should this happen, the time limit will reinstate on the date of their recovery. Otherwise, a litigation friend can make a claim on their behalf.
For more information on claiming for a hit and run accident and the time limits involved, talk to one of our advisors today.
An important part of claiming for a hit and run car accident is proving that the offending driver breached their duty of care towards you and that you suffered harm as a result. Some examples of evidence you could use to support a claim for hit and run compensation include:
- CCTV footage: Any CCTV footage of the accident could be used to help prove fault in your claim.
- Dashcam footage: Similarly, if you have a dashcam, this footage can be used to help prove who is at fault for your injuries.
- Photographs: Taking photographs of your injuries as well as the accident site can help prove the severity of the harm you suffered.
- Medical records: Your medical records can also help illustrate how severe your injuries are and the treatment you need to recover.
One of the benefits of working with a solicitor on your claim is that they can help you gather this evidence. For example, a solicitor could take statements from potential witnesses. To find out more about how our panel of solicitors can help you prove your claim, get in touch for free.
As mentioned, UK hit and run compensation can sometimes be awarded through the MIB. Regardless of where your compensation is coming from, in England and Wales, the Judicial College Guidelines (JCG) are used to work out general damages following an accident involving a hit and run.
General damages relate to the pain and suffering your injuries have caused, including both the physical injuries and any impact on your mental health. This type of damage also accounts for any loss of amenity caused by your accident, which takes into consideration if your injuries have detrimentally affected your quality of living.
We have taken settlement figures from the JCG, updated in April 2022, to give you an idea of the compensation for a hit and run accident you could receive. The JCG is used by legal professionals alongside medical evidence to estimate general damages. However, you should remember that the figures featured below do not represent the final settlement figure you could receive. The table below should be viewed as a guide only. Also take note that the first entry of this table is an estimated figure for multiple injuries and is not taken from the JCG.
Injury Severity Notes Amount
Multiple Serious Injuries Plus Special Damages Serious If you've sustained multiple serious injuries, then you may receive a payout covering all of these plus special damages. Examples of special damages may include the cost of home care. Up to £500,000+
Wrist Loss of function Arthrodesis is required. £47,620 to £59,860
Achilles Tendon Most Serious Tendon and muscle will be severed, giving rise to swelling, cramps, restricted ankle movement. In the region of £38,430
Neck Moderate (i) Dislocations or fractures that cause immediate symptoms and may necessitate spinal fusion. £24,990 to £38,490
Hand Severe Fractures of Fingers This may lead to partial amputations and result in deformity, reduced function, disturbed sensation and impairment of grip. Up to £36,740
PTSD Moderate The person will have made a large recovery and any persisting effects will not be majorly disabling. £8,180 to £23,150
Leg Less Serious (ii) Simple femur fracture with no damage to articular surfaces. £9,110 to £14,080
Ankle Modest Less serious or minor undisplaced fractures, sprains, or ligament injuries. Up to £13,740
Whiplash One or several whiplash injuries with one or several psychological injuries Symptoms last 18-24 months. £4,345
Whiplash One or several whiplash injuries Symptoms last 18-24 months. £4,215
Hit And Run Claim – What Else Could Be Included?
When making a claim for a hit and run, your compensation settlement could also include special damages. Special damages compensate you for the financial losses you have suffered due to your injury. Some of the losses you could be compensated for under special damages in your hit and run claim include:
- A loss of earnings, both past and future, if you’ve required time off work.
- Medical expenses.
- Care costs if you’ve required a carer to help you cope with your injury.
- Travel costs.
You will need to provide evidence of these losses to claim them back. Bank statements, payslips, invoices and receipts could all be used as evidence.
Contact our advisors today to see whether you may be eligible for compensation if you have been injured in a hit and run accident. If our advisors believe you could be, they could connect you with a solicitor from our panel who could help you with your claim.
The Whiplash Reform Programme
If you suffered whiplash during a car hit and run, your injuries might be valued based on the tariff amounts found in the Whiplash Injury Regulations 2021. However, you must have been 18 or older when you were a passenger or driver in a vehicle involved in the hit and run accident. In addition, the injuries suffered in a car accident during a hit and run must have occurred on or after the 31st of May 2021 to claim a tariff amount.
In our table above, we’ve included tariff amounts from the regulations as well as a few figures from the JCG.
Call our advisors to learn more about how your injuries could be assigned value.
If you are seeking hit and run compensation, then a solicitor who has experience with this type of claim could help you through this process.
You can contact one of our advisors today to discuss your specific hit and run claim. If they believe you have a valid case, they could connect you with a solicitor on our panel. If they agree to take on your case, they may offer to work with you on a No Win No Fee basis under the terms of a Conditional Fee Agreement.
When making a claim with a No Win No Fee solicitor, you won’t pay them any upfront fees for their services. You also generally won’t have to pay your solicitor for their services if the claim fails. Instead, you’ll pay your solicitor a success fee if your claim is successful. This success fee is a legally capped percentage subtracted from your compensation award.
To learn more about how much compensation you could receive from a hit and run car accident with the help of a No Win No Fee solicitor, you can speak to our advisors today.
To contact us:
Road Traffic Accident And Injury Claims
Thank you for reading our guide on hit and run claims. We hope you found it helpful. For further relevant resources, please see below.
- Passenger Road Traffic Accident Claims – How to claim as a passenger involved in a road traffic accident.
- Limitation Period in a Personal Injury Claim – Learn more about the time limitations attached to starting a personal injury claim.
- What Are Car Accident Victims Rights? – What are your rights after a car accident? Find out here.
- Whiplash Reform Programme – Recent changes in legislation mean some car accident claims under £5,000 are now handled using an online portal. Find out how this could apply to you.
- Compensation for Victims of Hit and Run or Uninsured Drivers – The government guide on how to claim after a hit and run.
- Guide to Making a MIB Claim – Detailed guidance on how to claim through the MIB.
If you have any more questions about making a hit and run claim, speak to our team today.
Guide by AO