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Were you the victim of a hit and run accident? Do you wish to seek justice for your physical and psychological injuries? If so, please read our claims guide and learn how you could receive hit and run compensation, even if the third party fled from the scene.
Essentially, this guide aims to provide you with all the information you will need about making a claim. Firstly, we explore whether you can still make a claim if the third party is untraceable following a car accident. We also discuss whether you can make a hit and run claim if you were partially at fault and explore the potential compensation pay-outs.
Our guide further explores the evidence you will need to provide to make a claim, as well as discussing the time limits. Lastly, we advise how a No Win No Fee solicitor from our panel could help you seek compensation after a distressing hit and run accident.
At Legal Helpline, our advisors work around the clock to provide answers to any questions you have about making a claim. As part of the free services we offer, our advisors can also give you a free eligibility assessment to decipher the strength of your claim. To get in touch with us:
- Call us on 0333 000 0729
- Contact us online
- Use our live chat
Jump To A Section
- What Is A Hit And Run?
- How Are Hit And Run Compensation Claims Dealt With?
- Can I Make A Hit And Run Accident Claim If I Was Partly At Fault?
- What Hit And Run Compensation Amount Could I Get?
- Submitting A Hit And Run Claim To The Motor Insurer’s Bureau
- How To Make Hit And Run Claims
- Speak To Our Advisors About Compensation For Hit And Run
- Learn More
What Is A Hit And Run?
A hit and run is an accident where the driver who is responsible for the collision drives away from the scene, failing to provide their name, contact or insurance details. Furthermore, it is a criminal offence to fail to stop at the scene of an accident that you were responsible for as per the Road Traffic Act 1988. The law on hit and runs is not only limited to vehicles, and the duty to stop also extends to pedestrians and damaged property.
To make a personal injury compensation claim for your hit and run accident, you must prove that driver negligence occurred. Therefore, the following criteria must be satisfied:
- You were owed a duty of care
- This duty of care was breached by a third party
- The breach directly caused your injuries
All road users have a duty of care to navigate the roads safely and avoid causing harm to others. As part of their duty of care, road users must also adhere to the Highway Code and the Road Traffic Act 1988.
Do you want to discuss your hit and run accident further? Please contact one of our friendly advisors today.
How Are Hit And Run Compensation Claims Dealt With?
Depending on the whether the offending driver is traceable or untraceable, your claim for hit and run compensation could be dealt with in two different ways.
Following a hit and run, seeking the assistance of police could help you trace the offending driver’s identity. For example, if you managed to capture the driver’s vehicle registration, the police could help you locate the vehicle through the vehicle registration database. However, even without a vehicle registration, the police may still be able to trace the offender by:
- Talking to eyewitnesses at the accident scene for descriptions of the driver
- Investigating any possible CCTV or dashcam footage
- Analysing vehicle debris left at the accident scene to identify the vehicle
- Investigating any social media or public tips
If the offending driver is identified, you could make a road traffic accident claim for your injuries against their insurance (if they have any). As previously discussed, you could make a claim if the third party breached their duty of care resulting in your injuries. For example, you could experience a pedestrian accident whilst using a crossing, due a driver failing to stop and driving off afterwards. Consequently, you could suffer with a serious back injury and post-traumatic stress disorder as a result.
However, if the third party is untraceable (or uninsured), you may still be able to make your claim through the Motor Insurers’ Bureau (MIB). The MIB works alongside police and insurance companies to investigate the accident. If the third party driver is found to be at fault, your compensation will be paid through the MIB. Please keep reading this guide to find out how claims are submitted to the Motor Insurers’ Bureau.
To start your hit and run accident claim, please get in touch with our friendly advisors today.
Can I Make A Hit And Run Accident Claim If I Was Partly At Fault?
Yes, you could still make a hit and run accident claim if you were partly at fault through a split liability agreement. Essentially, a split liability agreement could be made when both parties accept a degree of blame for the accident. The degree of blame is agreed on a case-by-case basis, and entirely depends on the accident circumstances.
For example, you may be involved in a collision with a third party who was shunted into your vehicle due to you unnecessarily braking. As a result, you could bring a rear-shunt accident claim against the the third party and share a 50/50 split of the blame. In 50/50 cases, the claimant will receive 50% of the awarded compensation.
Please note that split liability agreements are made between a solicitor and a third party insurer. If the third-party is untraceable or uninsured, your claim would instead be made through the MIB.
Do you want to find out more about split liability claims? Please contact one of our friendly advisors today.
What Hit And Run Compensation Amount Could I Get?
If your claim is successful, your hit and run compensation may be split into two different types of damages, general and special. General damages will aim to compensate you for any physical and psychological pain you endured after the accident.
When deciding on a value for the injuries suffered, the Judicial College Guidelines (JCG) are commonly used by lawyers and others involved in the claim. Ultimately, the guidelines act as suggestive compensation brackets for many injuries and severities.
We’ve provided a few of these guidelines in the table below. Please also note that the JCG are merely guidelines and do not provide a guarantee of how much compensation you will receive. However, the figure in the first row is not from these guidelines. Additionally, we’ve also provided 2 examples of the tariffs found in the Whiplash Injury Regulations, which we will explain shortly.
| Injury | Potential Compensation | Comments |
|---|---|---|
| Multiple severe injuries with financial losses | up to £1,000,000 + | Such as loss of earnings, childcare costs and medical expenses |
| Moderately Severe Brain Damage | £267,340 to £344,150 | The injured person will be seriously disabled. There will also be a substantial dependence on others, a need for constant professional care and a reduced life expectancy |
| Moderate Brain Damage (i) | £183,190 to £267,340 | Where the injured person has an intellectual deficit, a personality change, an effect on sight, speech, and senses with no prospect of employment. |
| Severe Back Injuries (i) | £111,150 to £196,450 | Severe injury involving damage to the spinal cord and nerve roots, leading to severe pain and disability with incomplete paralysis. |
| Severe Back Injuries (ii) | £90,510 to £107,910 | Severe injury with features such as impaired mobility, impaired bladder and bowel function, sexual difficulties, and unsightly scarring. |
| Moderate Neck Injuries (i) | £30,500 to £46,970 | Injuries such as dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. |
| Serious Shoulder Injuries | £15,580 to £23,430 | Serious injuries including damage to the lower part of the brachial plexus causing pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand, and a weakness of grip. |
| Moderate Shoulder Injuries | £9,630 to £15,580 | Frozen shoulder with limitation of movement and discomfort with symptoms persisting for about two years. |
| Whiplash injuries with minor psychological | £4,345 | Whiplash injuries with minor psychological where the prognosis is more than 18 months, but not more than 24 months |
| Whiplash injuries | £4,215 | Whiplash injuries where the prognosis is more than 18 months, but not more than 24 months |
To learn more about what injuries you could claim for, please contact our advisory team today.
Can Hit And Run Accident Compensation Cover Any Financial Losses?
Yes, hit and run compensation could cover any financial losses you incurred as a result of your injuries. This head of loss is known as special damages, and it aims to compensate you for any financial burdens you incurred. For example, you may have paid out-of-pocket for long-term physiotherapy sessions for your injuries.
Please see below the following examples of special damages you could include in your claim:
- Home modification costs
- Travel expenses
- Loss of earnings
- Medical expenses
- Childcare costs
Furthermore, it is essential that any special damages you wish to include in your claim are evidenced through:
- Invoices
- Receipts
- Payslips
Do you want to claim for special damages? Get in touch with our advisors today for a free eligibility assessment.
Whiplash Injury Regulations
The Whiplash Injury Regulations 2021 ultimately introduced a fixed tariff to value whiplash injuries. Under these regulations, if you suffered any additional injuries that causes the overall value of your claim to exceed £5,000, your claim will be made via the traditional route. Nevertheless, the whiplash tariffs will apply to any whiplash injuries that you suffered.
Furthermore, if the injury you suffered with was less than £5,000 and was non-whiplash, you would make your claim via the new route.
Moreover, the Whiplash Reform Programme established the new route of whiplash claims. If the following criteria applies, you must make your claim through a separate route if:
- You were injured as a driver or passenger of a vehicle
- The accident took place in England or Wales
- You are 18 years old or above
- Your injuries are valued at or below £5,000
Do you want to find out more about claiming for whiplash injuries? Please contact our friendly advisors today.
Submitting A Hit And Run Claim To The Motor Insurer’s Bureau
The Motor Insurer’s Bureau (MIB) deals with claims in the following situations:
- When a third-party driver is uninsured
- When a third-party driver is untraceable
Therefore, if we are unable to locate the third-party driver or if they’re uninsured, we could deal with the MIB on your behalf. Typically, a solicitor will submit an MIB claim online whilst pursuing evidence, working alongside the police and insurance companies.
If the third-party driver still cannot be located, we will work to pursue compensation from the MIB. Furthermore, the police will pursue the third party driver for fleeing the scene as it is a criminal offence.
If you want to find out more about submitting your claim to the MIB, please contact our friendly advisors for free advice about claiming hit and run compensation.
How To Make Hit And Run Claim
To make your hit and run claim, it is essential that you provide evidence of the third party’s breach of their duty of care. Please see the below examples of evidence you could provide to help your claim:
- CCTV or dashcam footage of the accident. You have a legal right to request any CCTV footage of yourself.
- Copies of your medical records that detail your injuries
- Contact details of potential witnesses who could later provide a statement to support your version of events.
- A police or accident report if you’ve already reported the accident to them
- Photographs or videos from the accident
Moreover, the compensation claims time limit is 3 years to start your claim. For personal injury claims, the time limit runs from the date of the accident as per the Limitation Act 1980. Please also see the following exceptions to this time limit:
- If the claimant lacks mental capacity, the time limit will be frozen. If the person regains mental capacity, they will have 3 years to make their claim or;
- If the claimant is a minor, the time limit will begin on their 18th birthday. They will then have until their 21st birthday to make a claim.
If you’re connected with one of the experienced solicitors from our panel, you could enjoy regular updates, specialist support for your injuries, and a professional service throughout. To find out how to make your claim for hit and run compensation, please contact our advisors today.
Speak To Our Advisors About Compensation For Hit And Runs
Our friendly advisors are available 24 hours, 7 days a week to answer any questions you may have about making a claim. Furthermore, our advisors also offer a free eligibility assessment to look at the merits of your claim. If your claim is strong, you could be connected with one of the No Win No Fee solicitors from our panel. Operating under a Conditional Fee Arrangement (CFA), you could experience the following benefits:
- If your claim is unsuccessful, you won’t be required to pay any solicitor’s fees.
- You won’t be required to pay any ongoing or upfront solicitor service fees
- If your claim is successful, you will only be required to pay a small success fee for the work your solicitor has done. The percentage is deducted from your compensation and is legally capped, so you will always be rewarded with the bulk of the compensation.
Contact Legal Helpline
To see if you’re eligible to make a claim for hit and run compensation, please contact our friendly advisors. Contact us:
- Call us on 0333 000 0729
- Contact us online
- Use our live chat
Learn More
To discover more about personal injury claims, please see some of our other guides:
- See how to claim compensation for a neck injury
- Learn how to make a motorway accident claim
- Get advice on claiming for an accident involving a foreign vehicle
Additional external resources:
- Please see the following advice on compensation for victims of uninsured or hit and run drivers from Gov.UK
- See the following information on whiplash injuries from the NHS
- Please see the following advice on managing sick leave and return to work
Thank you for reading our guide on how to claim hit and run compensation.
