How Do Hit and Run Claims Work?

By Stephen Moreau. Last Updated 30th July 2024. This guide will look at what you could do following a hit-and-run car accident. If you have suffered an injury in an accident where the other driver is untraceable, you may wonder whether you could still claim compensation.

We will look at how to make a claim through the Motor Insurers’ Bureau (MIB). The MIB can award compensation when you have been involved in an accident with an uninsured or untraceable driver. However, you must be able to meet specific claiming requirements. This guide will look at these as well as what evidence you could submit that will support your claim.

Additionally, we explain how compensation could be awarded for injuries you suffered in a hit and run in the UK. Furthermore, should you wish to seek compensation, you may like to have the support of a solicitor. We conclude this guide with a look at the benefits of having a No Win No Fee solicitor to help you with your claim.

If you need any help or free advice, or would like to start your claim, speak to one of our advisors. To contact an advisor:

Car that was heavily damaged in hit and run accident

Select A Section

  1. How Do Hit And Run Claims Work?
  2. What Is The Motor Insurers’ Bureau?
  3. How Long Do I Have To Make A Hit And Run Claim?
  4. Evidence To Support Hit And Run Claims
  5. UK Hit And Run – Compensation For Hit And Run Injuries
  6. How Do Hit And Run Claims Work With A No Win No Fee Solicitor?

How Do Hit And Run Claims Work?

All road users owe each other a duty of care. Per this duty, they must navigate roads in such a way that avoids causing harm to others, as well as themselves. Additionally, they must follow the rules and obligations set out for them in the Road Traffic Act 1988 and the Highway Code.

In order for you to have a valid personal injury claim following a hit and run car accident, you must establish the following:

  •       A road user owed you a duty of care.
  •       This road user breached their duty of care.
  •       You suffered physical or mental injuries as a result.

If you were injured in a hit and run accident due to another road user breaching their duty of care, you could be eligible to make a personal injury claim. As stated above, you would make your claim through the MIB.

To see if you could make a claim for hit-and-run compensation, you can get in touch with one of our advisors.

What Is The Motor Insurers’ Bureau?

If you are hurt in a hit and run accident, and the driver responsible either cannot be traced or turns out to be uninsured, then you could potentially seek compensation for your injuries from the Motor Insurers’ Bureau (MIB).

The MIB is an organisation which was created to help victims of road traffic accidents receive compensation for injuries and financial losses when the usual methods (like claiming against the liable party’s insurance) are not possible.

All of the registered motor vehicle insurers in the UK contribute funding to the MIB so it can provide compensation for valid claims. The MIB can support hit and run claims and other types of road traffic accident claims that involve an uninsured or untraced driver.

For more advice on how the MIB may be able to assist with a claim for a hit and run in the UK, please contact our advisors today for free.

How Long Do I Have To Make A Hit And Run Claim?

The time limit for all personal injury claims is three years, as outlined by the Limitation Act 1980. This means that you have to start proceedings within three years of suffering your injuries.

However, in some cases, you may be able to make a hit and run claim outside of this period.

For example, if you were under the age of 18 when the accident happened, the time restriction does not apply. A litigation friend can make a claim on your behalf during this time, but you won’t be able to claim for yourself until the time limit comes into effect on your eighteenth birthday. Then, it runs until you turn twenty-one, giving you three years from your eighteenth birthday to claim hit and run compensation.

The time limit is also frozen indefinitely for those who are not mentally able to claim independently. In such cases, the regular limitation period only comes into effect if the claimant regains the mental capacity to start legal action. Otherwise, a litigation friend can make a claim on their behalf.

For more information on claiming for a hit and run accident and the time limits involved, talk to one of our advisors today.

Evidence To Support Hit And Run Claims

An important part of claiming for a hit and run car accident is proving that the offending driver breached their duty of care towards you and that you suffered harm as a result. Examples of evidence you could use to support a claim for hit and run compensation include:

  • CCTV footage: Any CCTV footage of the accident could be used to help prove fault in your claim.
  • Dashcam footage: Similarly, if you have a dashcam, this footage can be used to help prove who is at fault for your injuries.
  • Photographs: Taking photographs of your injuries as well as the accident site can help prove the severity of the harm you suffered.
  • Medical records: Your medical records can also help illustrate how severe your injuries are and the treatment you need to recover.

One of the benefits of working with a solicitor on your claim is that they can help you gather this evidence. For example, a solicitor could take statements from potential witnesses. To find out more about how our panel of solicitors can help you prove your claim, get in touch for free.

UK Hit And Run – Compensation For Hit And Run Injuries

If the victim of a hit and run in the UK successfully claims through the MIB, they will be awarded compensation for the effects of the incident.

Hit and run compensation can effectively be split into up to two heads of loss. The main head is referred to as general damages. This compensates for physical pain and mental suffering inflicted as a result of the hit and run collision.

Those working out this element of the payout in hit and run claims might look at the Judicial College Guidelines, or JCG. Just as we’ve done with the illustrative table below, they could use the guideline compensation brackets for different injuries as a form of guidance.

It is worth noting, however, that every payout is different and the JCG does not provide any guarantees. Please also bear in mind that the top entry in our table is not from the JCG.

InjurySeverityAmount
Multiple Serious Injuries Plus Special DamagesSeriousUp to £1,000,000+
Brain DamageVery Severe£344,150 to £493,000
NeckSevere (ii)£80,240 to £159,770
WristLoss of function£58,710 to £73,050
ArmInjuries Resulting in Permanent and Substantial Disablement£47,810 to £73,050
HandSevere Fractures of FingersUp to £44,840
Less Serious Leg InjuriesFractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries£21,920 to £33,880
AnkleModestUp to £16,770
Whiplash - One or several whiplash injuries with one or several psychological injuriesSymptoms last 18-24 months.£4,345
Whiplash - One or several whiplash injuriesSymptoms last 18-24 months.£4,215

What Are Special Damages?

If you can claim for general damages, then you may also be able to claim for special damages, which covers financial expenses or losses related to your accident and injuries. For example, if recovering from your injuries has forced you to take unpaid time off work, then this loss of earnings may be covered under special damages, as could the cost of:

  • Prescriptions
  • Mobility aids
  • Medical expenses
  • Home adjustments
  • Childcare
  • Help with cooking and cleaning

For more advice on potential compensation amounts for a hit and run accident claim, you can contact our advisors for free today.

The Whiplash Reform Programme

If you suffered whiplash during a car hit and run, your injuries might be valued based on the tariff amounts found in the Whiplash Injury Regulations 2021. However, you must have been 18 or older when you were a passenger or driver in a vehicle involved in the hit and run accident. In addition, the injuries suffered in a car accident during a hit and run must have occurred on or after the 31st of May 2021 to claim a tariff amount.

In our table above, we’ve included tariff amounts from the regulations as well as a few figures from the JCG.

Call our advisors to learn more about how your injuries could be assigned value.

How Do Hit And Run Claims Work With A No Win No Fee Solicitor?

If you are seeking hit and run compensation, then a solicitor who is experienced in handling this sort of claim could help you through this process.

You can contact one of our advisors today to discuss your specific hit and run claim. If they believe you have a valid case, they could put you through to a solicitor on our panel. If they agree to take on your case, they may offer to work with you on a No Win No Fee basis under the terms of a Conditional Fee Agreement.

When making a claim with a No Win No Fee solicitor, you won’t pay them any upfront or running legal fees. You also generally won’t have to pay your solicitor for their work if the claim fails. Instead, you’ll pay your solicitor a success fee if your claim is successful. This success fee is a legally capped percentage subtracted from your compensation award.

To find out more about how much compensation you could receive from a hit and run car accident with the help of a No Win No Fee solicitor, you can speak to our advisors today.

To contact us:

Road Traffic Accident And Injury Claims

Thank you for reading our guide on hit and run claims. We hope you found it helpful. For further relevant resources, please see below.

If you have any more questions about making a hit and run claim, speak to our team today.