How To Make Hit And Run Car Accident Claims
We could help with hit and run car accident claims.
£85 million in compensation
How To Make Hit And Run Car Accident Claims
We could help with hit and run car accident claims.
Everything You Need To Know About Hit And Run Car Accident Claims
Have you been involved in a car accident that wasn’t your fault? Were you injured while the other driver fled the scene? In this guide, we’ll tell you everything that you need to know about the hit and run car accident claims process.
Key Takeaways
- You can make a personal injury claim against an untraceable hit-and-run driver
- You can make a claim even if you were partly to blame for the accident
- You can make a claim if you were a driver or a passenger harmed in the accident
- If the accident resulted in harm or damage, you must contact the police
- Our No Win No Fee solicitors could help you through the road traffic accident claims process without taking any upfront fees for their work
Contact Us
Additionally, our team of advisors are here to help. We hope that our guide will answer any questions you might have about claiming for a hit-and-run car accident, but if you’d rather talk to one of our expert team members, you can contact us today by:
- Calling us on 0151 375 9916
- Contacting us online
What Is A Hit And Run Car Accident?
After a car accident, both drivers need stop and exchange their details if an injury or damage has been suffered, as stated in Section 170 of the Road Traffic Act 1988. But if one driver flees the scene, this is known as a hit and run.
There’s a very common misconception that you can’t make a personal injury claim if you get hurt in a hit-and-run, but this just isn’t true. It doesn’t matter whether or not the other driver is traceable or even insured; your right to compensation remains the same.
Failing to stop and report an accident that caused harm or damage is a criminal offence, which can result in:
- Fines
- Prison time
- Penalty points on your licence
- Driving bans
Keep reading to learn about the hit and run car accident claims process. Or, contact our team of friendly advisors today to get started on your claim.
Who Can Make Hit And Run Car Accident Claims?
So, who can make hit and run car accident claims? To answer this question, we first need to discuss what negligence means in personal injury law.
Negligence happens when:
- You are owed a duty of care: All road users owe each other a duty of care. This means that they have a legal responsibility to use the roads in a way that prevents harm or damage.
- Someone breaches this duty of care: A road user can breach their duty of care by failing to follow the Highway Code and the Road Traffic Act 1988.
- You are injured because of this: This could be a physical injury, like whiplash, or a mental injury, like PTSD.
When all of these factors come together, they form negligence. Anyone can make a hit-and-run compensation claim, including both drivers and passengers, so long as:
- They can prove that negligence occurred
- They are over the age of eighteen
- They have the needed mental capacity to claim for themselves
A hit-and-run in itself isn’t always an example of negligence. You need to be able to prove that the other driver breached their duty of care and this breach caused your injuries, and not just that they fled the scene.
Claiming On Behalf Of Another Person
In some cases, a claimant might have a right to compensation, but is unable to claim for themselves. For example, this could happen if your child was injured in a car accident or if someone was left comatose by their injuries.
In both of these cases, a litigation friend could seek compensation on their behalf. You can apply to be a litigation friend, and if you’re approved by the Court, then it will be your responsibility to act in the best interests of the claimant.
If you’d like to make a car crash compensation claim on behalf of someone else, contact our team today to find out how we can help you act as a litigation friend.
Who Are The Motor Insurers’ Bureau?
You might be wondering how it’s possible to claim against someone if you don’t know their identity. This is where the Motor Insurers’ Bureau (MIB) comes in.
The MIB is an organisation dedicated to compensating victims of road traffic accidents with uninsured drivers or untraceable drivers, including hit-and-run accidents. They also work with the police and other agencies to locate and remove uninsured vehicles from the roads.
If you’re injured in a hit-and-run and the other driver is untraceable, then you can make a compensation claim through the MIB. If you succeed, then they will pay your compensation, instead of the other driver.
We have years of experience in working with the MIB, and our solicitors have pursued countless claims for those involved in hit-and-run accidents with an untraceable driver. Contact our team today to find out how we can help you.
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How Much Compensation Could I Be Entitled To For A Hit And Run?
You might be wondering just how much compensation you could get for a successful hit-and-run claim. We can’t tell you exactly how much you could get, because your final payout will depend on a range of factors, from the severity of your injuries to the amount of evidence you have.
However, we can help you get a better understanding of what your compensation could be made up of. Generally, your payout can be made up of two heads; these heads are as follows:
Injuries Suffered
For your physical and mental injuries, as well as the impact these injuries have on your daily life, successful claimants receive general damages.
When professionals calculate this head of claim, they might refer to the Judicial College Guidelines (JCG). The JCG is a helpful tool that provides a list of common injuries with a list of guideline compensation brackets.
We’ve outlined some of these brackets in the table below. Please keep in mind that these figures aren’t guaranteed, and that the top line of this table isn’t from the JCG.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple severe injuries and special damages, like the cost of a medical care | Up to £1,000,000+ | The combined effects of multiple very serious injuries and also financial losses suffered. |
| Paraplegia | £267,340 to £346,890 | The compensation awarded under this bracket depends on the extent of pain, degree of independence, life expectancy, and presence of depression in the claimant. |
| Very Severe Brain Damage | £344,150 to £493,000 | This is a very high level of brain damage, resulting in little to no response to the claimant’s surroundings, with some ability to follow basic commands and a need for full-time nursing care. |
| Less Severe Brain Damage | £18,700 to £52,550 | The claimant will have undertaken a good level of recovery, and will be able to return to a normal working and social life, though some minor symptoms may remain. |
| Severe Back Injuries (i) | £111,150 to £196,450 | The most severe cases of spinal injuries, which can involve damage to the nerve roots and spinal cord, causing severe pain and disability as well as incomplete paralysis. |
| Severe PTSD | £73,050 to £122,850 | Severe symptoms that prevent the claimant from living as they did before the trauma, and removing any ability to work. |
| Chest Injuries (c) | £38,210 to £66,920 | Damage to both the chest and the lungs, causing continuing disability. |
| Whiplash Injuries &Psychological Injuries | £4,345 | Symptoms that last longer than 18 months, but not longer than 24 months |
| Whiplash Injuries | £4,215 | Symptoms that last longer than 18 months, but not longer than 24 months |
Financial Losses
A hit-and-run accident can cause significant financial losses, and your compensation can reflect this. Special damages, the second head of claim, can help you recoup these losses. For example, special damages can include the cost of:
- Lost earnings
- Travel
- Prescriptions and medical expenses
- Home adjustments
- Mobility aids, like a motorised wheelchair
Vehicle Or Property Damage
After a car accident, your vehicle might be damaged. You have a few options here, including:
- Making a claim for repair with your insurance provider
- The MIB may offer to have the car repaired for you if the damage is severe
- If the car is a write-off, then the MIB may provide funds for you to purchase a new vehicle
Usually, the other party’s insurance company would handle vehicle and property damage. However, since the driver in a hit-and-run is usually untraceable, the MIB takes over.
Would The Driver Being Untraced Impact On The Amount Of Compensation?
No. There is no limit to the amount of compensation that the MIB is willing to pay out, because you have a right to be fully compensated for your injuries and losses, even if the offending party is untraceable.
To find out how one of our specialist hit and run solicitors could help you make a claim through the MIB, contact our team of advisors today. Or, keep reading to find out who pays your compensation in a hit and run claim.
Who Would Pay For My Compensation?
In a normal road traffic accident claim, your compensation would come from the other party’s insurance provider. However, if the other driver is untraceable, then you can’t reach them. So, who pays your compensation?
The answer is still insurance companies, but not in the way that you might think. The MIB is a national body, and every insurance company that underwrites motor insurance policies in the UK has to be a member, as per Part 6 of the Road Traffic Act 1988.
As part of this membership, they are expected to pay a yearly fee. These fees all come together to form a pot that the MIB uses to pay compensation to victims of untraceable or uninsured drivers.
To learn more about making a claim through the MIB, you can contact our helpful team of advisors today.
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We pride ourselves on providing the best service possible for our clients.
Would I Be Entitled To Early Compensation Payments?
If you’ve suffered a serious injury as a result of a hit-and-run car accident, then you may be facing immediate financial burdens. For example, if you suffered a leg amputation after the accident, you may need to pay for:
- Prosthetics
- Physical therapy
- Rehabilitation
- Medical care
While special damages would cover these, you might need the money before your claim is resolved. In this case, if your claim has a high chance of succeeding, then you may be able to apply for an interim payment.
An interim payment is essentially an advance on your compensation, which helps you cover important, immediate costs. When you are awarded an interim payment, this is then deducted from your final compensation payout.
To find out if you could be eligible for an earlier payout, or to learn more about the role of interim payments, contact us today. Or, keep reading to find out how a hit and run could affect your insurance.
Will A Hit And Run Car Accident Claim Impact My Insurance?
A lot of people worry that making a personal injury claim for a car accident will impact the amount they pay for their car insurance. If you make a claim against an untraceable driver through the MIB, then it shouldn’t affect your insurance.
Plus, many insurance companies now offer extra coverage for the event of a hit-and-run or an accident with an uninsured driver. This additional coverage can protect your no-claims bonus, even if you do make a claim.
However, this can vary depending on who you are insured by. Talk to our team of advisors today to learn more about hit-and-run car accident claims, or keep reading for more information.
Do I Need To Contact The Police?
You must report a driving collision to the police if:
- You were unable to exchange details with the other driver at the scene
- If anyone was injured
- If you suspect the other person committed a driving offence
Fleeing the scene of a collision without exchanging details is a driving offence, and as such, all hit-and-run incidents must be reported to the police. You can do this by dialling 101 at the scene of the accident, as long as it is safe to do so.
Making a report to the police helps keep the roads safe, but it can also be used as evidence if you decide to make a claim. Keep reading to learn more about evidence in hit-and-run car accident claims, or contact our team today to get started.
What Can I Do To Help Support My Claim?
When you make any kind of personal injury claim, you need to make sure that you can prove that negligence occurred. To do this, you can collect evidence such as:
- Photographs of the collision site, your injuries, or the damage done to your car
- CCTV footage or dashcam footage of the accident
- The contact details of witnesses, which allow their statements to be taken at a later date
- Medical records or the results of an independent medical assessment
As we’ve already mentioned, being involved in a hit-and-run alone is not enough to make a claim. Even though it is a driving offence and needs to be reported to the police, it doesn’t necessarily mean negligence has occurred. Because of this, it’s more important to prove that the other driver breached their duty of care and caused you harm than it is to prove that they fled the scene.
Our solicitors have years of experience in supporting and strengthening road traffic accident claims. Contact us today to find out how we can help you build a compelling case.
What Are The Benefits Of Using A Road Traffic Accident Solicitor For My Claim?
So, why get help from one of our hit-and-run car accident claims solicitors? At JF Law, we believe that no-one should be locked out of accessing top-tier legal help because of their financial status. Because of this, our solicitors work on a No Win No Fee basis, through the terms of a Conditional Fee Agreement (CFA).
This means you can access all of their services without paying any upfront fees or ongoing costs for their work, or paying for their work at all if the claim fails.
If it succeeds, they’ll take a success fee. This fee is a small percentage of your compensation, which is capped by law. The legal cap is in place to make sure that you keep the fair share of what you receive.
We’ve already recovered over £80 million worth of compensation for our clients, handling countless cases and helping claimants from all over the country get justice. We can do the same for you, and we’ll be there for you every step of the way: from collecting evidence and negotiating a settlement, all the way up to arranging specialist rehabilitation and receiving your payout.
Contact Us
Are you ready to start your hit-and-run car accident claim? If you’d like to learn more about us and how we can help, contact our team of advisors today. They can offer a free, no-strings-attached consultation. During this time, they can answer any questions you might have about our services and the road traffic accident claims process at large.
Get started today by:
- Calling us on 0151 375 9916
- Contacting us online
Learn More
To learn more about road traffic accident claims:
- Find out how to make a bicycle accident claim with our guide
- Learn how to make a bus accident claim with our article
- Take a look at some of our most frequently asked questions surrounding road traffic accident claims
Or, for more helpful resources:
- Learn when to call 999 from the NHS
- Information on road safety laws from THINK!
- Find out how to request CCTV footage of yourself from GOV.UK
Thank you for reading our guide on hit and run car accident claims.
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