Hit And Run Claims

What is a hit and run accident?

A hit-and-run accident is a type of road traffic accident in which a driver fails to stop at the scene and provides their insurance details to the other parties involved. This can be a devastating experience for the victim, leaving them with physical and emotional injuries as well as financial losses. According to the Road Traffic Act 1988, drivers are legally obligated to stop and provide their details if an accident results in damage or personal injury.

Hit and run accident claims

Hit and run accidents, where the hit and run driver leaves the scene of an accident, are all too common. It is a criminal offence, as well as a callous act, not to exchange details with the other party or report the accident to the police. The accident victim may be left injured on the road without any call to the emergency services and with no help at hand.

What to do if you have been involved in a hit and run accident:

1. Report the accident to the police immediately by phone and wait for the police to attend the scene. If that is not possible, then report to your local police station as soon as you can and get a crime reference number.

1. Write down a description of the offending vehicle and any details about the drivers and the accident circumstances. Identifying the driver responsible can be challenging, but any details you can provide will be crucial for your claim.

1. Speak to any eyewitnesses and make a note of their name and address

Starting your hit and run claim

On contacting us, you will speak confidently to a member of our car accident claims team who will ask you specific details about your run car accident and injury, including where and when it occurred.

It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, where the injury took place, details of any witnesses, and reports of any medical treatment you had due to the injury.

We will then advise you on whether or not you can make a compensation claim.

Tracing the driver

A driver may exit the scene because they are uninsured, have been drinking, or if the car is stolen. In these cases, they may escape punishment because the vehicle cannot be traced, and they will also escape liability to the injured party because neither they nor any insurer can be traced. This is often the case with uninsured or untraceable drivers.

We have access to databases that allow us to trace the registered keeper and insurer from a vehicle registration number, so if the injured party or a witness has taken down that number, it may be possible to bring a claim against the insurer in the usual way.

But even without a registration number or a traced driver, a claim can still be made for the injuries and other losses sustained by the accident victim. The claim is to the Motor Insurers Bureau, a government-created organisation that all motor insurers fund.

Special rules apply to MIB Untraced Driver cases, making them more difficult than a normal personal injury claim.

Firstly there are important eligibility requirements, such as early reporting. The accident must have been reported to the police immediately. If there is no evidence that a police report was made within 5 days (where property damage was claimed) or within 14 days (injury claims), the claim may be rejected.

Secondly, the usual rules on evidence and procedure do not apply, so court proceedings cannot be issued in these cases—we have to work within the MIB’s self-contained scheme, which means allowing them to obtain the evidence and instruct experts. The process starts with the completion and submission of an application form.

The MIB will investigate liability and accept a claim where they are satisfied, on the balance of probabilities, that the negligent driving of an untraced vehicle caused the accident.

They will then assess the value of the claim, using expert medical evidence and any evidence of losses we can provide (they will not usually pay the first £300 of any property damage claim).

The MIB only makes a limited contribution to costs, meaning the injured person also has to pay some of those costs. The funding arrangement depends on the type and value of the case, and we will discuss this with you before starting your claim.

Despite its limitations, the MIB Untraced Driver Scheme does allow a compensation claim in cases where otherwise there would be no remedy, and our solicitors can help you bring the claim and maximise the settlement.

Compensation entitlements

If you’re eligible to make a hit and run claim, you may be entitled to compensation for:

• Physical injuries
• Property damage
• Financial losses (such as lost earnings or medical expenses)
• Loss of future payments (if your injuries affect your ability to work)

The compensation you receive will depend on the severity of your injuries and their impact on your life.

The role of the Motor Insurers’ Bureau

The Motor Insurers’ Bureau (MIB) is a government-backed organization that compensates victims of hit and run accidents. The MIB is funded by a levy on motor insurance premiums paid by all motor insurance companies operating in the UK.

If you’re unable to claim compensation from the other driver’s insurance company, you may be able to claim through the MIB. A personal injury solicitor can help you navigate the claims process and ensure you receive the compensation you deserve.

Hit and run claim client story

Osbornes Law acted for Mr Z, a young Polish man living in London who worked as an HGV driver for Parcelforce. He was cycling home one day in Holloway when a car knocked him off his bicycle.

The witness evidence was patchy, but it did appear from the evidence obtained by the police that Mr Z was proceeding straight ahead along a main road at night but with his bike lights on and wearing a cycling helmet when a vehicle turned across his path into a side turning from the other side of the road, causing a collision.

The car drove off, and no witnesses noted the registration number. We made various inquiries but were unable to trace the vehicle. The MIB was also unable to identify the driver or the vehicle, and they duly accepted that Mr Z was eligible for a payment under the scheme. Despite the challenges, we secured a successful run compensation claim for Mr. Z.

The value of the claim was more complicated: Mr Z sustained a spinal injury, with a fractured vertebra in the neck. He recovered well without surgery but did not return to work as a lorry driver. Instead, he found office-based work for the same employer, which paid less because he lost the opportunity to do overtime and his shift allowance.

We produced evidence of his earnings before and after the accident and obtained evidence from a spinal surgeon to show that he would not be fit to return to lorry driving. We were, therefore, able to claim the difference between his pre-accident earnings and his lower level of future earnings. The case was settled after negotiations for £95,000.

• Find more car accident client stories here.

How we can help

If you or a loved one has been injured in a hit and run accident, it’s crucial to know that you are not alone. Osbornes Law is dedicated to providing compassionate and expert legal support to ensure your voice is heard and your rights are upheld.

To speak with one of our personal injury solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811