In this guide, we will explore the process of making a hit and run injury claim. You may wonder whether claiming for a road traffic accident is possible if the driver at fault fled the scene and you do not know their identity.
Hit and run injury claim guide
The Motor Insurers’ Bureau (MIB) is an organisation that works in partnership with the DVLA, police and insurers to reduce the number of uninsured drivers on the roads. Additionally, they provide an avenue for injured victims of a road traffic accident to claim compensation if they cannot claim through another source, such as an insurance company. This covers instances where the road user at fault is an uninsured or untraced driver.
This guide will provide advice for all road users, including drivers, pedestrians and cyclists. We will also compile a compensation table as a guide to damages that could be awarded for different injuries.
If you have been injured in a hit and run accident and would like to know whether you could be eligible to make a claim, speak to one of our expert advisors at Personal Injury Claims UK. They are available 24/7 to supply advice that is both confidential and free.
Should you choose to get in touch, our team will not place you under any obligation to further your road accident claim with our panel of solicitors.
To speak to an advisor:
- Call us on 020 8050 2736
- Contact us using our online form
- Write a message to an advisor via our live chat feature
Choose A Section
- Can You Make A Hit And Run Injury Claim? – A Guide
- When Are You Eligible To Make A Hit And Run Injury Claim?
- What Steps Can Be Taken After A Hit And Run?
- What Could You Receive From A Road Traffic Accident Claim?
- Why Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About Making A Hit And Run Injury Claim
Can You Make A Hit And Run Injury Claim? – A Guide
A hit and run occurs when a driver drives away from the scene of an accident instead of exchanging details. As a result of a car accident, you could suffer injuries and financial losses, for which you could be eligible to claim compensation.
As with all types of personal injury claims, it is important to establish third-party negligence. All road users have the duty to navigate the roads safely and to ensure they do not cause harm to others. Rules and guidance for the safe use of the roads can be found in The Highway Code; parts of this code are backed by laws.
Additionally, the Road Traffic Act 1988 governs the use of roads and outlines the duty of care that certain road users owe to one another. It is also the legislation under which drivers and motorcycle riders can be charged under for dangerous driving.
Continue reading this guide to find out more about the action you should take after a road traffic accident. Alternatively, if you have any questions about making a hit and run injury claim, speak to a member of our team today.
When Are You Eligible To Make A Hit And Run Injury Claim?
There are certain criteria that must be met in order to be eligible to make a hit and run injury claim. This is as follows:
- A road user owed you a duty of care.
- They breached this duty of care, causing an accident.
- As a result of this breach, you were injured.
Section 170 of the Road Traffic Act 1988 explains that stopping, reporting and exchanging information with another driver is part of a driver’s duty when an accident resulting in injury or damage has occurred. If they cannot do this, then they should report the incident within 24 hours to the police.
If a driver does not stop and you cannot trace them, you could be eligible to make a claim for your injuries through the MIB.
How Do You Make A Whiplash Claim?
To make a whiplash claim, it is important to be aware of the Whiplash Reform Programme introduced on the 31st of May 2021. This changed the way in which an adult driver or a passenger can claim for whiplash and soft tissue injuries valued at £5,000 or less.
To do this, you must now use the government’s Official Injury Claims portal, where your injuries will be valued in line with the tariff outlined by The Whiplash Injury Regulations 2021. If your injuries are valued over £5,000 or for another reason, you are not required to claim through the portal. However, the tariff amounts from these regulations may still apply.
If you would like advice on making a car accident neck injury claim, please get in touch with a member of our team.
What Steps Can Be Taken After A Hit And Run?
Immediately following a hit and run accident, it is important to seek the appropriate medical care. You should also report the incident to the police and your insurance company. Next, you should gather the evidence needed for a personal injury claim to prove that negligence caused you pain and suffering. This may include:
- CCTV or dashcam footage
- Medical evidence
- Witness contact details
- Photographic evidence
Additionally, we recommend that you seek legal advice to help guide you through the steps you should take to make a claim. Please speak to one of our advisors to learn about bringing forward a hit and run injury claim.
What Could You Receive From A Road Traffic Accident Claim?
A successful road traffic accident claim could see you receive two potential types of compensation: general damages and special damages.
General damages cover the pain and suffering you experience due to your injuries. This involves both physical and psychological injuries. On the other hand, special damages cover financial losses resulting from your injuries.
Instead of a car accident compensation claim calculator, we have provided the table below using the Judicial College Guidelines (JCG), updated in April 2022, as a guide to compensation brackets for different injuries under general damages. Legal professionals, such as car accident claim solicitors, use this document to help them value payout amounts.
| Injury | Details | Compensation Brackets |
|---|---|---|
| Injury Caused by Brain Damage - Very Severe (a) | The person will show a small amount of or no evidence of a meaningful response to the environment around them. Additionally, they will need full-time nursing care. | £282,010 to £403,990 |
| Injury Caused by Brain Damage - Moderate (c)(ii) | The person will experience a moderate to modest intellectual deficit. Their ability to work will be removed or at least greatly reduced. Additionally, there will be some risk of epilepsy. | £90,720 to £150,110 |
| Amputation of Arms (a) | Both of the person's arms are amputated. The person will be fully aware and considerably helpless. | £240,790 to £300,000 |
| Injuries to the Pelvis and Hips - Severe (a)(i) | Injuries within this bracket will inevitably result in substantial residual disabilities. | £78,400 to £130,930 |
| Neck Injuries - Severe (a)(ii) | Injuries in this bracket will give rise to disabilities of considerable severity, such as permanent damage to the brachial plexus. | £65,740 to £130,930 |
| Leg Injuries - Severe (b)(ii) | The person will have injuries resulting in permanent problems, such as problems with mobility, which necessitate a mobility aid for the rest of the person's life. | £54,830 to £87,890 |
| Back Injuries - Severe (a)(iii) | The injured person may have soft tissue injuries, fractures of discs or vertebral bodies or disc lesions. | £38,780 to £69,730 |
| Injuries Affecting Sight (d) | The total loss of one eye. | £54,830 to £65,710 |
| Injuries to the Elbow (a) | The injury will be severely disabling. | £39,170 to £54,830 |
| Chest Injuries (c) | The person will have some continuing disability from damage to the chest and lungs. | £31,310 to £54,830 |
Please remember that these figures do not represent the amount that you will receive in a successful hit and run injury claim. The unique circumstances and details of a claim will determine the outcome.
Special Damages In A Road Accident Claim
Following a road traffic accident, you could suffer from financial losses. You may be eligible to receive reimbursement for these under special damages. Some monetary losses you could experience may include:
- Loss of income
- Care costs
- House adaptations
- Travel expenses
It is crucial to keep evidence of monetary losses to support your claim. This could include travel tickets, payslips and invoices.
If you would like to learn more about the potential compensation that could be awarded in a hit and run injury claim, speak to our expert advisors. They can offer free and confidential advice and may be able to provide insight into your claim.
Why Claim For A Road Accident On A No Win No Fee Basis?
Your claim could benefit from working with a solicitor under a Conditional Fee Agreement (CFA); this is a type of No Win No Fee agreement. It means that:
- Generally, you won’t pay for a solicitor’s services upfront or during the claims process under a CFA.
- If your claim is unsuccessful, you commonly won’t pay for a solicitor’s services at any time.
- A No Win No Fee solicitor will take a small ‘success fee’ from the compensation if your claim is successful. This is calculated as a percentage, which the law caps. Therefore, you will not be overcharged.
To learn more about the use of a No Win No Fee solicitor, please contact our advisors. Allow them to assess your claim, and they could find you eligible to talk with one of the specialist solicitors on our panel.
Contact Us For Free 24/7 To See If You Can Claim
If you would like to know whether you could be eligible to make a hit and run injury claim, contact a member of our team to enquire.
Please get in touch:
- Call us on 020 8050 2736
- Contact us using our online form
- Write a message to an advisor via our live chat feature
Learn More About Making A Hit And Run Injury Claim
Find more information by taking a look at these related guides from our website:
- How Do I Make A Back Injury Car Accident Claim?
- Find Personal Injury Solicitors Near You
- How Long Do Car Accident Personal Injury Claims Take?
Explore these external sources to learn more and find support:
- GOV – If you’re in an accident
- GOV Department For Transport – Reported road casualties in Great Britain, provisional estimates: year ending June 2021
- MIB – Continuous insurance enforcement
Thank you for reading this guide to making a hit and run injury claim.
Writer Jess Oliphant
Publisher Fern Stewart