How To Claim For A Hit And Run Car Accident

This guide will explain the process of claiming compensation for injuries sustained in a hit and run car accident. If you cannot get the details of the driver liable for your injuries, there are still ways you could make a claim. 

Hit and run car accident

Hit and run car accident claim guide

Every road user, including drivers, pedestrians and cyclists, has a duty of care to navigate the roads safely and prevent causing one another harm. The Highway Code promotes road safety by outlining rules and guidelines, some of which are backed by laws, for road users to follow. Furthermore, the Road Traffic Act 1988 is a central piece of legislation that outlines certain driving offences and outlines some requirements for drivers and riders. 

Continue reading to find out how much compensation could be awarded for a successful road traffic accident claim. Additionally, we will discuss how using a No Win No Fee lawyer could benefit your claim.

Furthermore, our team of advisors are available 24 hours a day, 7 days a week, to provide you with free legal advice. Contact us today.

You can do one of the following: 

Select A Section

  1. What Is Classed As A Hit And Run?
  2. What Injuries Could A Hit And Run Car Accident Cause?
  3. Can I Claim For A Hit And Run Car Accident?
  4. What Should I Do After A Hit And Run Car Accident?
  5. Payouts For Hit And Run Injury Claims
  6. Start Your Claim If Hit By A Vehicle

What Is Classed As A Hit And Run?

A hit and run car accident occurs when a driver fails to stop after being involved in a road traffic accident. This is a criminal offence, as it’s a legal requirement to provide your insurance details after an accident resulting in property damage or injury to anyone who has reasonable grounds to ask for it. 

Claiming compensation for this type of accident differs from a claim where you know the other driver’s details, as you cannot claim through an insurer. The at-fault insurer is usually the party that pays out in the event of successful claims. 

The government website provides advice on the actions that should be taken if you’re in an accident that has caused damage or injury. They state that you must give the following to anyone with reasonable grounds for requiring them:

  • Your name 
  • Your address
  • The vehicle’s registration number

Therefore, in a hit and run instance, you will not have the information you require to claim through an insurer. Continue reading to learn about the schemes in place to help you make a hit and run claim. 

Hit And Run Statistics

The Government Department for Transport provide statistics on reported road casualties in Great Britain, provisional estimates: in the year ending June 2021:

  • There were an estimated 1,390 reported road deaths.
  • There were an estimated 24,530 people killed or seriously injured in road accidents. 
  • There were 119,850 casualties of all severities. This is a 9% decrease from the year before. 

It is important to note that these statistics do not only include hit and run accidents. 

What Injuries Could A Hit And Run Car Accident Cause?

Various injuries could be caused by a hit and run car accident, including: 

The Whiplash Reform Programme introduced on the 31st of May 2021 changed how drivers and passengers over 18 claim whiplash compensation. You can now use the government’s online portal to claim for injuries valued at £5,000 or under. On the other hand, injuries valued at over £5,000 will be made following the traditional method. 

Furthermore, whiplash claims are now subject to the tariff amounts outlined in the Whiplash Injury Regulations 2021. These tariff amounts might still apply to claims that are not made through the portal, however.

Please contact our team of advisors if you have any questions regarding a claim for whiplash.  

Can I Claim For A Hit And Run Car Accident?

It is not only drivers who can make a hit and run car accident claim. Passengers in a car accident, passengers on busses, cyclists and pedestrians could claim if they have been injured in a road traffic accident caused by a road user breaching their duty of care, even if the at-fault driver fled the scene of the accident. 

Some examples of how a driver could breach their duty of care include: 

  • Driving over the speed limit.
  • Ignoring traffic lights, road signs and road markings.
  • Driving under the influence of alcohol over the legal limit, or driving under the influence of drugs.
  • Performing dangerous manoeuvres that are prohibited on the road, for example, an illegal U-turn. 

Below, we will explain how you could claim compensation if you do not have the details of the liable driver. 

What Is The Motor Insurers’ Bureau?

The Motor Insurers’ Bureau (MIB) is an organisation that provides a way for injured victims of a road traffic accident to claim compensation if they cannot claim through an insurance company. This could happen in instances where: 

  • The other driver cannot be identified or traced.
  • The other road user is an uninsured driver

The MIB work in partnership with insurers, the police and the Driver and Vehicle Licensing Agency

Contact us at Advice to find out more about claiming through the MIB.

What Should I Do After A Hit And Run Car Accident?

You should seek immediate medical attention following a hit and run car accident. Then, it is important to gather evidence proving the negligence of the other road user caused you to be injured. This evidence could include:  

  • CCTV or dashcam footage 
  • Photographic evidence
  • Witness contact details
  • Medical evidence

Furthermore, it is also important to ensure your claim is within the time limits for a car accident claim. These are outlined by the Limitation Act 1980, which generally gives you three years to begin making your claim from the date of the accident or the date that you connected negligence to your injuries.

At the same time, we also recommend that you seek legal advice. Contact our advisors to enquire about the exceptions to the time limits above and learn more about what you should do in the aftermath of a hit and run car accident. 

Payouts For Hit And Run Injury Claims

There are two categories of road accident compensation to consider when calculating car accident injury payouts: special damages and general damages.

Firstly, special damages compensate for the past and future financial losses resulting from your injuries, such as loss of earnings, travel expenses, care and housing alterations. It is important to note that you must provide evidence to claim special damages. This could include payslips, invoices and bank records. 

Secondly, general damages compensate for the psychological and physical suffering and pain caused by the injuries. It considers the impact the injuries have on your quality of life.

In the following table, we have used figures provided by the Judicial College Guidelines (JCG), updated in April 2022, to show compensation brackets for different injuries. Legal professionals, such as car accident injury claim solicitors, use this document to assist them in valuing personal injury claims. However, it is important to consider these figures as a guide.

Edit
Injury Compensation Brackets Details
Very Severe Injury Resulting from Brain Damage (a) £282,010 to £403,990 The injured person will show little or no evidence of meaningful response to the environment. Furthermore, they will require full-time nursing care.
Moderately Severe Injury Resulting from Brain Damage (b) £219,070 to £282,010 The person will depend substantially on others and require constant care.
Leg Amputations (a)(i) £240,790 to £282,010 The person will have lost both legs above the knee.
Severe Back Injuries (a)(i) £91,090 to £160,980 The person will suffer a combination of very serious consequences such as severe pain and disability with incomplete paralysis and significantly impaired bowel, bladder and sexual function.
Severe Neck Injuries (a)(i) In the region of £148,330 The person may have to wear a collar 24 hours a day over a period of years but will still have intractable headaches and little or no movement in the neck.
Severe Neck Injuries (a)(ii) £65,740 to £130,930 The injuries usually involve harm to discs in the cervical spine or serious fractures, leading to disabilities of considerable severity.
Moderate Neck Injuries (b)(ii) £13,740 to £24,990 These cases usually involve soft tissue or wrenching-type injury and severe disc lesions.
Severe Arm Injuries (a) £96,160 to £130,930 Extremely serious injuries which fall short of amputation.
Severe Injuries to the Pelvis and Hips (a)(i) £78,400 to £130,930 The person will have extensive fractures of the pelvis, which involve further damage. There will be substantial residual disabilities.
Less Serious Leg Injuries (c)(i) £17,960 to £27,760 The person will have serious soft tissue injuries or fractures, which will make an incomplete recovery.

Start Your Claim If Hit By A Vehicle

Although not a requirement, using a No Win No Fee lawyer operating under a Conditional Fee Agreement (CFA) could benefit your claim. They could help you to compile evidence and offer expert legal advice throughout the claims process.

Furthermore, a No Win No Fee agreement means you do not pay for the services of your lawyer before knowing the outcome of your claim. If your claim is unsuccessful, you will generally not pay for your lawyer’s services.

On the other hand, if your claim is successful, your lawyer will take a ‘success fee’ from the compensation. This is a small percentage of the payout that the law caps to ensure you get the majority of the compensation awarded to you.

To start your hit and run car accident claim today, contact our team of advisors.

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Thank you for reading this guide to claiming compensation for a hit and run car accident.

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