Hit And Run Accident: Claim Compensation When A Motorist Flees An Accident Scene Without Leaving Details
Hit and run accidents causing personal injury are not only traumatic, but also confusing and stressful. This guide explains what to do immediately if a driver refuses to stop and leaves the scene, how you can still claim compensation, and who the claim is made against — even when the driver or vehicle is never identified.
You’ll also find links to our detailed guides on time periods to claim. proving fault and calculating your compensation payout for your specific injury.
- Hit And Run Accident: Claim Compensation When A Motorist Flees An Accident Scene Without Leaving Details
- What is a hit and run accident claim?
- Hit And Run Defined
- What is the motivation behind a hit and run accident?
- What should you do if you are injured in a hit and run?
- Can a hit and run motorist be traced?
- What happens if a motorist cannot be traced or is found but not insured?
- Who pays compensation if a driver is untraced or uninsured?
- How much compensation will you receive for injuries in a hit and run accident?
- How to make a hit and run claim
- SUMMARY
- FREE – Telephone / Online Help
- What is a hit and run accident claim?
What is a hit and run accident claim?
A hit and run accident claim is a claim for compensation for both personal injury and financial loss when a motor vehicle driver causes a road accident, but flees the scene without providing any details.
It is a criminal act in the UK to leave the scene of a RTA without providing your details.
Hit And Run Defined
A hit and run is the term used to describe a type of road accident involving a motor vehicle driver who collides with another road user (be it – pedestrian, vehicle, cyclist, etc.) generally causing personal injury – but leaves the accident scene without stopping or providing the legally required contact and insurance details.
What is the motivation behind a hit and run accident?
The majority of hit and run accidents are not caused intentionally. However – there are many reasons that a motorist might leave an accident scene without providing details.
For example:
Panic
We all can panic in a road accident scenario. You might be a person of good character, but simply not be thinking clearly due to shock and panic.
What To Do If A Hit And Run Driver Regrets Leaving An Accident Scene
Should you leave an accident scene in a hit and run and regret your decision, it is essential that you contact the police immediately.
You can report your involvement in the accident and provide your details.
You will not only be doing the correct thing, but also limit any potential criminal action against you.
The desire to escape responsibility
A driver who causes a road accident might simply not want to be found and may wish to evade any criminal or civil consequences of a hit and run accident.
No motor insurance
Motorists who are knowingly driving without motor insurance in place will know they are doing something illegal. When involved in an accident they will often flee the scene for fear of being found out.
Stolen cars
Thieves in the act of stealing cars – will often wish to reach their hideout quickly and in their haste cause an accident. Alternatively – a stolen vehicle might be being used in a ram raid or other criminal activity.
Invariably – they will flee a road accident scene should they be involved in a collision.
Drunk drivers / high on drugs
Drunk drivers or those high on drugs will typically cause a hit and run road accident. They will not only be unable to control their vehicle, but also have clouded thinking.
The result – fleeing the road accident without stopping.
Avoiding aggressive motorists
On occasion the individuals involved in a road accident can behave so aggressively that one driver may fear for their own safety and wrongly decide to leave the scene without providing details. As we described earlier that motorist should immediately report the incident to the police with all their details.
What should you do if you are injured in a hit and run?
You should notify the emergency services, including the police. You should take details of any witnesses and photographs of teh accident scene.
If you caught sight of the vehicle registration as it departed – make a record quickly or even better take a photo of the departing car.
See our road accident immediate steps article for a full description of what you should do if you injued in a hit and run.
Police Involvement Is Essential
To make a claim for personal injury when a driver has made off and you have no details – you must prove that an accident happened as you described.
This is where police involvement is essential. they should attend at the accident scene to gather evidence. You will be given a crime reference number that you can rely on to support making a hit and run claim.
Can a hit and run motorist be traced?
Many motorists who leave the scene of an accident will be traced by the police.
This might be from witness evidence who might have spotted and recorded the offenders car registration number or from CCTV evidence.
If the driver is traced – very often a motor insurer will be found who can meet your claim for compensation.
What happens if a motorist cannot be traced or is found but not insured?
A driver who cannot be found is classed as an “untraced driver”.
Whereas, a hit and run driver who found – but does not have motor insurance, is classed as an “uninsured driver”.
Who pays compensation if a driver is untraced or uninsured?
The Motor Insurers’ Bureau (MIB) will pay for road traffic accidents in the UK when a driver is untraced or unknown or uninsured.
In addition, vehicle damage and other financial expenses will be met by the Motor Insurers Bureau.
See our motor vehicle accident insurance article to learn about all the different types of motor insurance, coupled with how the MIB will meet your claim for compensation for accidents caused by both uninsured and untraced drivers.
You must prove the hit and run driver was legally at fault
In most cases the hit and run driver will automatically be found at fault. However, you must remember that burden of proof lies on the injured party making the claim to prove fault.
To better illustrate this point – imagine two different scenarios:
Scenario 1: Your son is crossing on a zebra crossing when a car hits him and flees the scene. Here – you son has the right of way and it was proper for a car to stop. Therefore – proving liability of the hit and run driver is relatively straightforward.
Scenario 2: You run out onto a main road from between parked cars and are hit by a car travelling in the speed limit. The driver panics and makes off, but later reports the matter to the police. Here – the driver should not have left the accident scene, but it is likely that you will be at find at fault for running out between the cars. In this instance – it is unlikely you claim for personal injury would succeed.
See our article proving liability for a road accident for more details on how legal fault is established.
How much compensation will you receive for injuries in a hit and run accident?
The amount of compensation you can claim will depend on which part of your body is injured, the severity of your injury and the long term effects of your injury.
See our compensation payout amounts article for calculated examples of how much compensation you can claim for injury to different body parts caused in a hit and run accident
How to make a hit and run claim
Our road traffic accident guide sets out the time limits and procedure to claim compensation for injury sustained in all manner or road accidents, including a hit and run.
Claims Against The Motor Insurers Bureau Are More Complicated
If your hit and run accident claim proceeds against the Motor Insurers Bureau – we recommend that you use a solicitor to help you claim.
Claims against the MIB are generally more complex especially when your injuries are more severe. There may not only be a dispute on liability (legal fault) and quantum (how much your claim is worth), but also your solicitor must take additional legal steps (than a normal RTA) to issue a valid claim at court.
SUMMARY
In summary, you learned what steps to take after a hit-and-run accident, how to gather evidence to support a personal injury claim, why you must still prove liability to allow your claim to succeed – even if the driver flees the accident scene.
FREE – Telephone / Online Help
Select the help you require from our specialist solicitor help service.
You can not only call to discuss your hit and run accident direct with a solicitor, but also ask a question.
Remember – when making a claim a funding arrangement, such as no win no fee, must be put in place.
