The Steps To Making A Hit And Run Injury Claim

Last Updated On 25th September 2024. 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. 

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 also 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 

A car damaged in the front following a hit and run accident.

Choose A Section

  1. Can You Make A Hit And Run Injury Claim? – A Guide
  2. When Are You Eligible To Make A Hit And Run Injury Claim?
  3. What Steps Can Be Taken After A Hit And Run?
  4. What Could You Receive From A Road Traffic Accident Claim?
  5. Why Claim For A Road Accident On A No Win No Fee Basis?
  6. Learn More About Making A Hit And Run Injury Claim

Can You Make A Hit And Run Injury Claim? – A Guide

In case you’re wondering, ‘What is a hit and run?’, any situation where a driver that causes an accident leaves the scene and does not stop to exchange details or check on other parties counts as one.

Doing so is unlawful, as it is a breach of the Road Traffic Act 1988 (RTA). It is also against the rules and guidance, some of which are backed by law, found in the Highway Code.

Road users have to follow rules and laws of the road in order to uphold the legal duty of care they owe others. They should navigate roads in a manner that minimises the risk of a road traffic accident. This is the duty of care all road users owe to each other. 

Whether you’re a pedestrian, cyclist or vehicle user, you could make a hit and run accident claim against someone if they were responsible for an accident and left the scene.

Who Do I Claim Against In A Hit And Run Accident?

In a hit and run accident, the driver may remain untraceable. However, you could still make a compensation claim. In these circumstances, you would make the claim through the MIB. As with car accident claims against the driver, you will need to prove that you satisfy the personal injury claims eligibility criteria.

Continue reading for the full description of personal injury claim eligibility. To learn how a hit and run claim specialist could help you seek compensation, simply call the free support number shown at the start of this guide.

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 an MIB claim for your injuries. 

What Steps Can Be Taken After A Hit And Run?

Did you sustain injuries in a hit and run? What to do next can impact the outcome of a compensation claim. Firstly, you could seek medical attention for your injuries. You may require treatment, or you may have injuries of more severity than you initially thought. Additionally, when seeking treatment, there will be a note of this made in your medical records, along with how severe the injury is and what treatment it required.  

One of the steps involved in making a hit and run injury claim is collecting evidence. Once you’ve sought treatment for the injuries suffered in a hit and run accident, you can request your medical records to submit as evidence.

Further examples of evidence for personal injury claims could include:

  • Police report.
  • Accident footage, such as from a dashcam.
  • Witness contact details. If you decide to work with a No Win No Fee solicitor, they can contact witnesses for statements further into the claims process.
  • Photographs, including from the scene or of your injuries.

You could also seek legal advice from a solicitor following a hit and run accident. The solicitors on our panel have years of experience claiming compensation through the MIB. They could help you with your hit and run claim. To find out if you are eligible to work with one of the No Win No Fee solicitors from our panel, call one of our advisors.

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 a document called the Judicial College Guidelines (JCG) as a guide to compensation brackets for different injuries under general damages. Those figuring out a claim’s value, such as car accident claim solicitors, use it for insight. 

The last two figures are fixed whiplash payouts from the Whiplash Injury Regulations 2021. Otherwise, please be aware that these figures do not represent the amount that you will receive in a successful hit and run injury claim. The unique circumstances of a claim will determine the outcome. Also note that the top line is not a JCG entry.

InjurySeverityDetailsCompensation Guidelines
Multiple Significant Injuries Plus Long-Term Financial DamageSeriousCompensation addressing numerous form of severe harm. It also accounts for different financial losses like medical fees and lost earnings.Up to £750,000+
Brain DamageVery SevereThe 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. £344,150 to £493,000
Amputation of ArmsAmputation of Both ArmsBoth of the person's arms are amputated. The person will be fully aware and considerably helpless. £293,850 to £366,100
Pelvis and HipsSevere (i)Injuries within this bracket will inevitably result in substantial residual disabilities.£95,680 to £159,770
NeckSevere (ii)Injuries in this bracket will give rise to disabilities of considerable severity, such as permanent damage to the brachial plexus. £80,240 to £159,770
Severe Leg InjuriesVery SeriousThe 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. £66,920 to £109,290
BackSevere (iii)The injured person may have soft tissue injuries, fractures of discs or vertebral bodies or disc lesions. £47,320 to £85,100
ElbowSeverely DisablingThe injury will be severely disabling. £47,810 to £66,920
Whiplash TariffPlus Psychological HarmA duration of more than 18 months, but fewer than two years.£4,345
Whiplash TariffPlus Psychological HarmSymptoms persist for more than 15 months, but less than 18.£3,700

Special Damages In A Road Accident Claim

Following a road traffic accident, you could suffer from financial losses. You may be eligible to receive compensation for them under the special damages head of loss. Some monetary losses you could experience may include:

  • Loss of income
  • Care costs
  • House adaptations
  • Travel expenses

It is crucial to gather 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 one of our panel’s solicitors under a Conditional Fee Agreement (CFA). 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 Conditional Fee Agreements Order 2013 caps. Therefore, you will not be overcharged. 

To learn more about how No Win No Fee claims work, 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 our team for a free conversation. 

Please get in touch:

A solicitor and client shake hands after winning a hit and run injury claim.

Learn More About Making A Hit And Run Injury Claim

Find more information by taking a look at these related guides from our website: 

Explore these external sources to learn more and find support:

Thank you for looking through our guide to making a hit and run injury claim.

Writer Jess Oliphant 

Publisher Fern Stewart