Personal Injury: Hit and run claims and compensation

When we think of a hit and run, we tend to think of someone taking off a wing mirror, or hitting your car and driving off, however hit and run accidents (in the context of personal injury) can happen in a number of ways such as:-

1. Pedestrian is hit by a car or bus.
2. A driver is rear ended by another vehicle that drives off after the accident and cannot be traced.
3. A horse rider suffers an accident due to the negligent actions of a motorist.
4. A cyclist is hit by a vehicle that fails to stop after the accident.
5. A vehicle has spilled diesel onto the road which has made it slippery, and has caused another motorist to skid and have an accident as a result.

What defines a ‘hit and run’ accident

An accident is classed as a hit and run when a driver is responsible for an accident and either fails to stop afterwards, or leaves the scene without providing any insurance details or any other information to identify them for the purpose of reporting the accident to their insurer (if they have insurance at all!)

How is an injury claim made when the driver cannot be traced or identified?

You can still make an injury claim if you have been affected by a hit and run accident. The Motor Insurance Bureau (MIB) will step in as if they are the insurer of the driver that failed to stop. They are an insurance industry funded organisation that compensates victims of accidents caused by uninsured or untraceable drivers.

How does a claim against an untraced driver proceed?

We submit your claim to the MIB, and they in turn will investigate the matter. They may seek to obtain Police Reports on he accidents, statements from any witnesses and CCTV from the local area.

Once they are satisfied that they cannot identify the driver that caused the accident, the claim will proceed in the usual way as if it were against a usual insurer.

What happens when you make a claim after a hit and run accident?

Your claim for injuries sustained and financial losses incurred as a result of the accident and injuries will go through four basic stages:

One: Gathering Information

When you contact us for a free initial appointment to discuss the accident, we will be able to advise you on whether we think you have a viable claim.

If a driver has failed to stop at the scene or an accident, or has driven off without leaving their details, you should report the incident to the Police, ideally as soon as it has happened or as soon as you are able to, and no more than 9 days after the accident.

We will take steps to attempt to identify the driver as necessary, as, where possible, claims must be made against the drivers (and their insurers – if they have no insurance, the claim would proceed under the MIB as an uninsured driver).

If the driver cannot be identified by us or by the MIB, your claim will go ahead as an unidentified driver claim. We will work with you to produce a letter of claim to go to the MIB and they will then have a period of time to investigate on their end before providing a liability decision.

We offer No win, no fee funding as standard for all personal injury claims, this means that if your claim is unsuccessful you will not have to pay any of our fees.

Two: Rehabilitation

We place rehabilitation at the core of what we do.

From the beginning of the claim we work with you to understand your injuries, the impact they have on your life, and what we can do to help you get better on a private basis.

We instruct high calibre private medical experts across a range of disciplines for their opinion on injuries and any rehabilitation needed, ensuring that no part of your rehabilitation journey is missed so that we can work to improve your physical and mental health.

Types of rehabilitation that are usual after a hit and run accident are:-

1. Physiotherapy.
2. Talking therapy (such as cognitive behavioural therapy (CBT).
3. Surgical intervention / corrections.
4. Specialist medical care.
5. Home and vehicle adjustments.

Making a claim has the often understated benefit that you receive private treatment, not only meaning that you receive quality treatment quickly, but it also means that you do not need to receive treatment on the NHS. This in turn frees up NHS services for those who cannot make a claim.

Three: Compensation

If the driver cannot be traced, the amount of compensation will be determined by the MIB. They will assess your injuries against judicial guidelines as similar cases that have settled. The amount of compensation you will receive depends on:-

a) The severity of your injuries
b) The length of time it has taken to recover (or whether any injuries are permanent)
c) Medical care and support you have needed, and may need in future
d) Loss of earnings due to injuries sustained.
e) Damaged property (e.g. broken bicycle helmet)

MIB does have rules on what they will and will not repay. These are specific to individual circumstances and our lawyers will be on hand to discuss these with you from the outset and as your matter progresses.

Four: Conclusion

If your claim has been successful, you will receive compensation. If you’re making a claim with our No win, no fee agreement then you will not have to pay our legal fees if you lose your claim or you are advised to discontinue.

You will receive your compensation, less a deduction for our fees and expenses as set out in the No win, no fee agreement and you keep the rest. We will then securely archive your file for a period of 6 years, where after it will be securely destroyed. Therefore if you require anything from your file, please do let your lawyer know.

We provide quality legal advice in a way that suits you

Our team are registered practitioners with the Association of Personal Injury Lawyers, with Law Society Accreditation and LEXCEL accreditation. All of these show that your claim is in safe hands with us.

We set ourselves apart from larger firms by providing the personal touch and care. Our personal service and an assigned Lawyer or Solicitor  manage your claim and look after you from the start to the end. 

Contact us by telephone, email, via our website. We provide free advice and assessment of whether you have a claim to pursue. Find out how a claim can open up a world of rehabilitation and compensation possibilities.