Advice On Hit And Run Pedestrian Compensation Claims

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How To Claim Compensation For A Hit And Run

By Stephen Hudson. Last Updated 16th November 2023. Have you been injured by a hit and run pedestrian accident? A hit and run accident happens when a vehicle fails to stop at the scene of an accident. Hit and run accidents are an offence. The police may prosecute a driver if they commit hit and run accidents.

Below, we explain how we can help you claim compensation for a hit and run. However, if you’d rather speak to us now about your accident, you can get in touch with us for free.

Hit and run pedestrian accident

Hit and run pedestrian accident claims guide

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What Are The Criteria For Claiming Compensation For A Hit And Run?

To be eligible to claim compensation for a hit and run, such as one involving a car hitting a pedestrian, you need to be able to prove that:

  • You were owed a duty of care
  • This duty was breached
  • As a result, you were injured

All road users owe each other a duty of care to navigate the roads in a way that prevents harm to themselves and others. To fulfil this duty, road users must comply with the Road Traffic Act 1988 and the Highway Code.

Section 170 of the Road Traffic Act 1988 states that after an accident that has caused damage or injury, you must stop and exchange details with the other road user. Failing to do so is an offence, and is known as a hit and run.

If you are injured in a hit and run accident and the driver responsible either cannot be traced or turns out to be uninsured, then it may still be possible to claim compensation through the Motor Insurers’ Bureau (MIB). The MIB can provide compensation to people injured by the fault uninsured or untraced drivers.

To learn more about eligibility to claim for a hit and run, please contact our advisors for free today.

What Should I Do If I Was A Victim Of A Hit And Run In The UK?

If you suffer injuries in an accident involving a hit and run in the UK, you might be eligible to claim compensation.

It is the duty of the driver to stop, report the accident and give information or documents. This is set in section 170 of the Road Traffic Act 1988. If the driver does not give their name and address at the time of the accident, they must report it to the police within 24 hours.

If you were involved in an accident where the driver fled, you can still claim for your injuries without their documentation. As stated above, your claim will likely be made through the MIB. However, you will need evidence.

Examples of evidence that might be useful when claiming for a road traffic accident include:

  • Witness contact details. If anyone saw what happened, you could note their contact information so they can give a statement later in the claiming process.
  • Accident footage. For example, from CCTV or a dashcam.
  • Medical records if you sought treatment for your injuries following the incident. In addition to this, you might be asked to attend an independent medical exam. This will help establish the severity of your injuries and what impact they are likely to have on your life.

If you have any other questions about how hit and run UK law works get in touch with an advisor. Call them for free advice. They can help you gather evidence as well as advise on the claiming process.

A Car Hit Me As A Pedestrian – How Long Do I Have To Claim?

If you were injured as a pedestrian in an accident, and you‘re eligible to make a personal injury claim, you will need to keep in mind that there will be a time limit that applies.

Usually, under the Limitation Act 1980, you would have three years from the date of the vehicle collision to start your claim. However, there are some exceptions that could apply.

One such example is if a child is injured in a pedestrian accident. For such claims, the limitation period would pause until the child turns 18. During this pause, an appropriate adult could act as a litigation friend and claim on the child‘s behalf. Should no claim be made before the child turns 18, they would have three years from their 18th birthday to start their own claim.

For more information about the other exceptions that apply to this three-year time limit, or to see whether you may have a valid claim, you can contact our friendly team of advisors.

How Much Hit And Run Pedestrian Injury Compensation Could I Receive?

You may be wondering how much compensation you could claim for a hit and run pedestrian accident. How much compensation you receive will depend on how severe your injuries are. You can use the table below to estimate how much compensation you can claim. The compensation amounts are based on guidelines by the  Judicial College. However, your final settlement may differ from the table’s compensation amounts. So please feel free to call us for a personalised compensation quote.

The table below should be viewed as a guide only and the first entry shown is an estimate that is not based on the JCG.

Type Of InjuryLevelPayoutAbout The Injury
Multiple Serious InjuriesSeriousUp to £1,000,000+You could be compensated for your pain and suffering and financial losses, such as loss of earnings, if you've suffered multiple serious injuries from a road traffic accident.
Brain DamageModerate (c) (i)£150,110 to £219,070The injury has lead to a moderate to severe intellectual deficit. It has also affected the personality, vision and other senses. There is also risk of epilepsy in the future. There is also no prospect of the person being employed.
Brain DamageModerate (c) (ii)£90,720 to £150,110The injury has lead to a modest or moderate degree of intellectual deficit. The persons ability to work has been reduced and the person does have some risk of developing epilepsy in the future.
Leg InjuriesSevere (b) (i)£96,250 to £135,920Severe leg injuries which fall short of amputation. Whilst they do fall short, a similar level of compensation is awarded due to the severity of injury and impact on the person.
Leg InjuriesModerate (b) (iv)£27,760 to £39,200Multiple or severe fractures to the leg could be included in the bracket. It could include a severe crush injury to the leg and in general would have affected one leg.
Pelvic Or Hip InjuriesSevere (a) (i)£78,400 to £130,930This bracket may include either a dislocated lower back joint and bladder rupture with pelvic fracture OR an injury to the hip which leads to spondylolisthesis and spinal fusion.
Pelvic Or Hip InjuriesModerate (b) (i)£26,590 to £39,170Significant pelvis or hip injuries. They will not cause a permanent disability which is considered to be major.
Knee InjuriesSevere (ii)£52,120 to £69,730A fracture of the leg which has extended through the knee. This could have caused pain and which has limited movement or which has impaired agility.
Back InjuriesModerate (b) (i)£27,760 to £38,780This bracket includes a wide variety of different back injuries. It could include crush fractures, compression fractures and injuries which could require a spinal fusion.
Back InjuriesModerate (b) (ii)£12,510 to £27,760This bracket includes injuries such as injuries to the ligaments and muscles in the back as well as soft tissue injuries which lead to backache. A pre-existing back injury may have been made worse.

As A Pedestrian Hit By A Car, Can I Claim Special Damages?

A car hitting a pedestrian can result in serious injuries. These injuries can lead to monetary losses, and these losses could be compensated by special damages.

This head of claim aims to restore you back to the financial position you would be in had you not suffered your injuries. For example, if you are a pedestrian who was hit by a car, you may suffer broken bones. If this left you unable to drive, then you could potentially claim back the cost of alternative travel to and from work or hospital appointments.

This heading can also help you recoup the cost of:

  • Childcare.
  • Domestic help.
  • Prescription and over the counter medicines.
  • Mobility aids.

When you claim under this heading, you will be expected to provide evidence of your losses. Keeping any relevant invoices or bills can help this area of your claim.

Our team can help if you are interested in claiming for a road traffic accident. A hit and run claim may seem daunting or complex, but one of our solicitors could help guide you through the process. To learn more, get in touch.

Start Your No Win No Fee Hit And Run Pedestrian Injury Claim

Those with valid grounds to make a hit and run accident claim could seek support from a solicitor. 

Our No Win No Fee solicitors can support claims under a Conditional Fee Agreement (CFA). With this type of agreement in place, you won’t need to pay your solicitor for their work if your claim goes ahead but proves unsuccessful. There’s also no need to pay your solicitor for their work upfront or while your claim is ongoing.

If your claim is successful, then your solicitor will take a small and legally capped percentage from your compensation as their success fee. The legal cap helps to make sure that you keep the most of what you receive.

To learn more about how a pedestrian hit by a car could claim with a No Win No Fee solicitor, contact our advisors for free today. They can offer more information on the personal injury claims process, and may be able to connect you with a solicitor. To get started:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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