Have you sustained a hit and run injury in a road traffic accident with an untraceable driver? If so, you might wish to claim compensation but are unsure what route to take.
Typically, a compensation claim after a road traffic accident can be made against the other motorists insurance provider. However, in cases where the driver is untraceable and you don’t have these details, you would have to make your claim in a different way.
If there is no other route to compensation, you could claim through the Motor Insurers’ Bureau (MIB). The MIB helps those involved in road traffic accidents where normal routes to compensation don’t exist, such as when untraced or uninsured drivers are involved.
In the following sections, we will explain what a hit and run is and who might be eligible to start a claim for the injury it causes. We’ll also look at the evidence you can use to support your claim and discuss how compensation is calculated if the claim is successful.
Furthermore, we explain how a personal injury solicitor from our panel could help you navigate the claims process under the terms of a kind of No Win No Fee agreement.
If you would like more information, please call our advisors. They can offer a free case check to help you understand whether you’re eligible to make an accident claim. To get in touch, simply:
- Call us on 0800 408 7827
- Fill out our ‘Contact Us‘ form and get a call-back.
- Try the live chat facility at the bottom of your screen.
Choose A Section
- What Is A Hit And Run Injury?
- When Are You Eligible To Claim For A Hit And Run Injury?
- Evidence That Could Help You Make A Hit And Run Injury Claim
- How Much Hit And Run Accident Claim Compensation Could You Receive?
- Claim Compensation For A Hit And Run Injury On A No Win No Fee Basis
- Read More About Making Hit And Run Claims
What Is A Hit And Run Injury?
A hit and run injury is any form of physical and/or psychological harm caused in a road traffic accident where the other party fled the scene. For example:
- A hit and run driver may have knocked over a pedestrian causing them serious multiple injuries and failed to stop.
- A lorry driver may have failed to stop after they crashed into another car resulting in the driver suffering life-changing injuries.
Road users owe a duty of care to one another that they must uphold by following The Road Traffic Act 1988 and the Highway Code. The duty of care they owe is to navigate the roads in a way that prevents harm as well as damage to others and themselves. Additionally, Section 170 of the Road Traffic Act 1988 states that a driver has a duty to stop when an accident causes injury or damage.
Another road user may be wholly or partially at fault for an accident, but either way, they are legally required to stop in these situations and the term ‘hit and run’ refers to their failure to do this.
Common Injuries From Hit And Runs
Depending on the nature of a road traffic accident, those involved could sustain injuries that range from mild to life-altering. Hit and run collisions, for example, could lead to the following injuries:
- Head injury and brain damage.
- Spinal injury and paralysis.
- Serious fractures, broken bones and dislocations.
- Psychological harm, such as post-traumatic stress disorder (PTSD) or anxiety.
- Soft tissue injury.
- Cuts and bruises.
If you were injured after being hit by a driver because they breached their duty of care, you could be eligible to claim compensation. Read on to learn more.
When Are You Eligible To Claim For A Hit And Run Injury?
As mentioned, if you suffered a hit and run injury, you could still be eligible to claim compensation through the MIB. The MIB deals with compensation claims for accidents involving an untraced driver or uninsured driver.
However, as with other personal injury claims, you need to prove the following:
- You were owed a duty of care.
- This duty was breached.
- You suffered harm as a result.
The points above define negligence in tort law. You need to have evidence of negligence in order to make a hit and run claim following a road traffic accident.
Additionally, you need to start legal proceedings within 3 years of the accident date. Exceptions could be made to this personal injury claims time limit in some circumstances.
Get in touch with an advisor to learn more about the eligibility criteria and time limits for claiming hit and run compensation.
Evidence That Could Help You Make A Hit And Run Injury Claim
Evidence can help prove a personal injury claim meets the eligibility criteria. Therefore, it is important to collect as much proof as possible that another road user was in breach of their duty of care and that this caused your hit and run injury.
Some examples of the evidence you could collect include:
- Medical evidence, such as copies of your medical records, such as X-rays, scans or proof of medication needed.
- Witness contact details so that witness statements can be collected at a later date.
- Photos of your visible injuries and the accident scene.
- A personal diary of your symptoms and any medical treatment you needed.
- Copies of CCTV footage or dashcam footage that captured your accident.
An expert personal injury solicitor from our panel could assist you in claiming compensation. They have experience with helping eligible claimants gathering evidence and building their case. Additionally, they can ensure you receive a fair settlement amount for your injuries.
If you call our team on the number above, they could connect you with a solicitor from our panel to guide you through the different aspects of the claims process.
How Much Hit And Run Accident Claim Compensation Could You Receive?
A compensation payout after a successful personal injury claim for a hit and run injury can be made up of two heads of loss. General damages compensate you for the physical pain and emotional suffering caused by the injury. Special damages reimburse you for expenses caused by the road traffic accident in which you suffered an injury.
An independent medical exam may be required as part of the claims process. If you instruct one of the personal injury solicitors from our panel to represent you, they could arrange this for you. The medical report created from this assessment can be used alongside other publications such as the Judicial College Guidelines (JCG) to help value your injuries.
The JCG shows guideline award bracket amounts corresponding to different types of injuries. We’ve put together a table below containing figures from the JCG. You should use the JCG figures as a guide only.
Compensation Brackets
Please note that the first figure doesn’t come from the JCG. Also, the last two entries are taken from the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts used to value whiplash injuries.
| Type of Injury | Severity | Guideline Award Brackets |
|---|---|---|
| Multiple Severe Injuries And Special Damages | Severe | Up to £1 million + |
| Head/Brain Damage | (a) Very Severe | £282,010 to £403,990 |
| Neck | (b) Moderately Severe | £219,070 to £282,010 |
| Neck | (a) Severe (i) | In the region of £148,330 |
| Neck | (b) Moderate (i) | £24,990 to £38,490 |
| Back | (a) Severe (i) | £91,090 to £160,980 |
| Back | (b) Moderate (i) | £27,760 to £38,780 |
| Leg | (b) Severe (ii) | £54,830 to £87,890 |
| Arm | (a) Severe | £96,160 to £130,930 |
| Whiplash | One or multiple whiplash injuries | £4,215 |
| Whiplash | One or more whiplash injuries with one or multiple minor psychological injuries | £4,345 |
Can You Claim Financial Losses From A Hit And Run Accident?
Special damages are the head of loss that reimburses you for monetary losses caused by the hit and run injury. Examples of the costs you could claim back under this head include:
- Lost earnings both past and current.
- Medical expenses.
- Modification costs to your home or vehicle.
- Travel expenses to essential appointments, such as to medical appointments.
- Domestic care costs.
To claim special damages, you will need documented proof of how the hit and run injuries created loss or expense. This could include wage slips, medical bills or paid invoices.
If you are unsure about how much compensation you could get for a hit and run injury claim, speak to our team for free guidance. They can offer to provide an estimate of your potential claim for free.
Claim Compensation For A Hit And Run Injury On A No Win No Fee Basis
You may be interested in starting your hit and run injury claim with the support of a personal injury solicitor. If so, we could help.
Our advisors can connect eligible claimants with a personal injury solicitor from our expert panel who has experience handling road traffic accident claims.
They also have decades of experience handling claims through the MIB via a version of a No Win No Fee contract. The particular type of contract they usually offer is called a Conditional Fee Agreement (CFA) which provides you with numerous benefits, including:
- No fees for the solicitor’s work upfront, while the hit and run accident claim progresses, or if the claim fails.
- A success fee is taken from the compensation as a percentage with a legal cap in successful claims. Due to this cap, you keep the majority of your awarded settlement.
Claiming for a hit and run injury through the MIB can be complex, so why not call our team today to see if they could connect you with one of the expert solicitors from our panel? They can also provide guidance on the personal injury claims process.
Find out more now by:
- Filling out the ‘Contact Us‘ form online to have us give you a callback
- Trying the live chat option located at the bottom of your screen
- Calling us on 0800 408 7827
Read More About Making Hit And Run Claims
You might find these other articles helpful:
- General guidance on how to sue for a road traffic accident in this guide.
- This guide looks at ‘split-liability’ in road traffic accident claims.
- Here we discuss how to claim for a rear-end collision that left you injured.
Also, here are some helpful external resources:
- This guide looks at road safety from the charity Think!
- Here is some information on first aid from the NHS.
- This Gov.UK resource looks at compensation after an accident or injury.
Thanks for taking the time to read our guide on compensation claims for a hit and run injury. If you’d like any other guidance or information, don’t hesitate to contact the team at the number above.