In the UK, a hit and run is a type of road traffic accident where the driver who caused the accident fails to stop and help or provide their details to those affected. Under UK law, the failure to stop at the scene of an accident after causing injury or damage to a vehicle or report the incident is a criminal offence. If you have been harmed by a driver who failed to stop, you may wonder whether you could make a claim. In this guide, we look at how to recover hit-and-run compensation.
Hit And Run Compensation Key Takeaways
- If your accident was caused by another driver who left the scene, you could be entitled to compensation.
- This compensation can be for injuries and also financial losses.
- If the other driver cannot be found, the Motor Insurance Bureau may deal with your claim
- It can be a crime to leave the scene of the accident without exchanging details.
- You can still claim on a No Win No Fee basis
- An expert solicitor from our panel could help you.
If you have any questions about claiming compensation you can:
- Call us on 0800 408 7825.
- Contact us using our form.
- Chat with us live below.
Browse Our Guide
- Am I Eligible To Claim Compensation After A Hit And Run?
- Average Compensation For A Hit And Run
- Can I Claim Against An Untraced Driver?
- The MIB And The CICA – Who Should I Claim Against?
- How To Make A Hit And Run Claim
- Hit And Run Statistics
- How Our Panel Of Solicitors Can Help You Claim
- More Information
Am I Eligible To Claim Compensation After A Hit And Run?
Road users must exercise a duty of care towards one another. They must ensure that they take reasonable precautions to avoid causing harm to others. The failure to meet this duty, such as by causing an accident, may be deemed negligence. In such circumstances, they could be liable to pay compensation.
There are a variety of ways in which a road user may be in breach of their duty of care. This may include violating guidelines, regulations and rules set out in the Highway Code and Road Traffic Act 1988.
To make a hit and run compensation claim you must show that:
- The other driver had a duty of care to you.
- They breached their duty of care.
- You were harmed in the accident.
Under section 170 of the Road Traffic Act, drivers involved in a road traffic accident must stop at the scene of the accident. They must share information with anyone injured or any party whose vehicle is damaged. If they are not able to do so at the scene of the accident, they must report the incident to the police within 24 hours.
Just because the other road user left the scene of the accident does not automatically mean you could claim compensation. However, if this driver is later located, their failure to stop could undermine their ability to dispute your claim.
Find out more about claiming compensation for a hit and run accident by speaking to our team.
Average Compensation For A Hit And Run
If your hit and run compensation claim is successful, you will be awarded damages. You may be awarded this as two different heads of claim, general damages and special damages. General damages compensate for pain and suffering caused by your physical or psychological injuries. Special damages for any related financial losses.
How Compensation Is Calculated
Compensation for general damages may be calculated by taking your medical records and guidelines from the Judicial College (JCG) into account. The JCG is a document containing guideline compensation brackets for different injuries.
The entries in the following tables come from the JCG except for the first and final two rows. The first entry illustrates a settlement where the claimant suffered multiple injuries. The final two are fixed figures for whiplash injuries. These figures are taken from the Whiplash Injury Regulations 2021, which apply fixed tariffs to driver and passenger claims for those over 18 in England and Wales valued at £5,000 or less. It can be tricky to know if your case has a value of over £5,000 or not, so you can always contact an advisor if you are uncertain.
| Injury Type | Severity | Damages |
|---|---|---|
| Multiple forms of injury and significant special damages | Severe | Up to £1,000,000+ if significant special damages are awarded. |
| Injuries involving brain damage | Very severe - A | £344,150 to £493,000 |
| Injuries which involve paralysis | Paraplegia - B | £267,340 to £346,890 |
| Neck injuries | Severe - A - ii | £80,240 to £159,770 |
| Post-traumatic stress disorder | Moderately severe - B | £28,250 to £73,050 |
| Back injuries | Moderate - B - ii | £33,880 to £47,320 |
| Elbow injuries | Less severe - B | £19,100 to £39,070 |
| Knee injuries | Moderate - B - ii | Up to £16,770 |
| Whiplash | Lasting 18 months - 24 months | £4,345 |
| Whiplash | Lasting 15 months - 18 months | £3,100 |
The individual circumstances of your case will be taken into account. This means your compensation may differ from entries in our table.
Special Damages – How They Affect Your Claim
The second part of your claim may compensate you for financial losses. This is called special damages. Monetary losses which may be caused by a hit and run accident could include:
- Loss of earnings. This may be caused by you having to take time off to recover from your injuries.
- Medical bills. This may include the cost of medical care and treatment as well as ongoing medication or physiotherapy needs.
- Care costs. Including domestic care or other types of help in the home.
- Travelling expenses. Such as the cost of travelling to and from medical treatment.
To reclaim any of these financial losses as part of your case, you must provide supporting evidence. You may provide tickets showing travelling expenses, payslips showing the impact on your income or invoices for treatment.
Get in contact with our team for an appraisal of your personal injury claim.
Can I Claim Against An Untraced Driver?
As we have already discussed in this guide, all road users are required to stop and exchange details at the scene of an accident where there is damage to a vehicle or where someone is injured. An untraced driver is one who has failed to do so and who can not be identified or traced.
Other ways in which a driver may be untraceable could include:
- Where they fail to provide you with their correct details, such as giving a false name, address or insurance details.
- Where using a stolen vehicle and fleeing the scene of the accident.
- If using a fake registration plate.
We should again note that in order to claim compensation for a hit and run accident you must show that the person acted negligently. As with incidents involving drivers who stopped, not all hit and run incidents will result in a compensation claim.
Again, providing false details would undermine the credibility of the other driver if they are identified and attempt to argue your case. Assuming that a driver is untraceable, you can still make a claim, and we will detail how this is done in the coming sections.
The MIB And The CICA – Who Should I Claim Against?
Road traffic accident claims will generally be made against the other road user. The claim itself will be made to their insurance policy, with their provider paying any compensation awarded. However, in accidents involving an uninsured or untraced driver, this will not be possible.
In these instances, a claim may be made to either the Motor Insurers’ Bureau (MIB) or, in limited circumstances, to the Criminal Injuries Compensation Authority (CICA). Which body a claim may be made to will depend on the circumstances of the case.
The MIB is an organisation that was set up to compensate victims of accidents involving untraced or uninsured drivers. All motor insurance providers must be members of the MIB and help fund it. If you were injured in a hit-and-run accident, you may be able to claim via the MIB, and they will pay compensation as they were the insurer of the untraced driver.
If someone suffers a hit and run and is a victim of a violent crime, i.e. the driver was attempting to deliberately injure or kill someone and then fled the scene, then the MIB might refuse to deal with the case. In these scenarios, a claim can be made to the CICA.
As it is rare for the CICA to deal with such matters, we will not cover the eligibility criteria for criminal injury compensation. It should be noted that the damages are generally lower in CICA claims, and they are subject to fixed tariffs, so it is best to try to claim against the MIB where possible.
If you would like to check your eligibility to claim, reach out to an advisor for a free case assessment.
How To Make A Hit And Run Claim
Having established the circumstances in which you could claim compensation, we now look at how the claims process works.
Collect Evidence – Dashcams, CCTV, And Medical Records
One of the most important steps you can take to make a successful hit and run claim is to collect and submit evidence. You must be able to clearly show that another party was at fault, even if this party can not be located. You must also show how you were harmed.
Evidence could include:
- Footage from a dashcam or CCTV camera covering the incident taking place.
- Photos of the accident scene or your injuries.
- Medical records that show how you were injured and what treatment was or is necessary. These may include the details of any long-term or serious injuries.
- Records of financial losses incurred.
- Copies of reports made to or obtained from the police force responsible for the area in which the accident took place, your insurance company and the DVLA, where relevant.
A solicitor from our panel could help you to assemble this information.
How Long You Have To Start Your Claim
If you were injured in a hit and run accident you will generally have three years to start a claim. This time limit is set out in the Limitation Act 1980. There are certain circumstances in which the time limit may vary.
- Claims involving children. Where the person harmed was under the age of 18 they will not be able to claim by themselves until they reach this age. As such, the time limit does not begin until they do so.
- Claims involving those with reduced mental capacity. In these cases, the person is only able to claim if their mental capacity returns. If it does, the time limit will commence on this date.
Prior to a child turning 18 or where someone does not have the mental capacity to claim on their own behalf a litigation friend may be appointed to claim on their behalf.
Please note that the time limit for CICA claims is generally two years (although some exceptions apply). Our team could provide you with further information on time limits or how to claim on behalf of someone else.
Considering A No Win No Fee Agreement
If you are worried about the potential cost of taking legal action against a hit and run driver, you could benefit from claiming on a No Win No Fee basis. By doing so, you would not need to pay any advance or ongoing fees for your solicitor’s work. Additionally, you won’t have to pay for their work if your claim isn’t successful.
Instead, if you are awarded compensation, your solicitor will take a success fee. This fee is legally capped and charged as a percentage of your settlement. The legal restriction on this fee means that you keep the majority of your settlement.
You can find out more about how to claim under a Conditional Fee Agreement by talking to our team.
How Long It Takes To Get Hit And Run Compensation
Whilst there is a time limit on when road traffic accident claims could be started, there are no such limits on how long the claims process may take.
Factors which may impact how long a car accident claim takes include:
- Whether MIB accepts your case or denies it.
- Where you have extensive injuries which take longer to recover from and to treat.
- The complexity of the evidence involved.
A specialist solicitor from our panel could help to guide you through the claims process. Please get in touch with our team for help and assistance.
Hit And Run Statistics
Data from the Motor Insurers’ Bureau state that untraced or uninsured vehicles were responsible for 26,000 injuries. This equated to 1 in 5 casualties from road traffic accidents, with many involving life-changing injuries.
In 2019, there were 1,682 instances where vehicles failed to stop following a collision with a pedestrian who was injured. This data covers London and comes from the City of London and Metropolitan Police Services (as released by the London Assembly). This figure excludes collisions with cyclists.
With over 2,000,000 vehicles seized by the MIB for not having insurance, there is certainly a risk that a person could be the victim of a hit-and-run accident, as perpetrators fear the consequences of not being insured if they have an accident.
Our team could help with various types of road traffic accident claims. Please contact us today.
How Our Panel Of Solicitors Can Help You Claim
Our panel of solicitors could help you to claim compensation if you have been injured in a hit and run accident. They could do so under a Conditional Fee Agreement and help you claim through either the MIB or CICA if necessary.
They can use their experience to:
- Guide you through the claims process
- Handle all paperwork
- Fully explore all losses you could be entitled to
- Complete your case in an efficient and timely manner
- Arrange for a medical report so your claim can be accurately valued
- Negotiate a settlement on your behalf
To learn more about the ways in which a solicitor from our panel could help please:
- Click on our live chat.
- Contact us via our form.
- Call 0800 408 7825.
More Information
Find more information on claiming compensation for hit and run accidents in these guides.
- Read about changes made to the Highway Code in our comprehensive guide.
- If both parties were at fault in a car accident, claimants could make a split liability accident claim. Learn more here.
- You could claim even if you had a minor car accident. Learn more about how to claim here.
References
- In this guide from the police, you can find advice and information on what to do after collisions.
- Check how to obtain CCTV footage of yourself in this government guide.
- Learn more about first aid in this guide from the NHS.
Thank you for reading our guide on making a hit and run compensation claim. Please contact us if you have any further questions.
