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How To Make A Hit And Run Claim | No Win No Fee

By Stephen Hudson. Last Updated 1st December 2023. A hit-and-run claim is a form of legal action you can take if you’ve been injured on the road and the culprit flees the scene.

We understand how traumatic a hit and run accident can be, especially for those that have been hurt or injured. This can then be made much worse when the person responsible leaves the scene of the accident.

If you are one of the unfortunate few who have been unlucky enough to be injured in a road traffic accident which is not your fault, and the culprit has left the scene, you may be entitled to claim hit and run compensation even if you don’t have the details of the person who is at fault.

So if you or a loved one has suffered an injury in a hit and run accident, speak to our personal injury claims team today. You can reach them by:

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What Is The Eligibility Criteria For Hit And Run Claims?

If you are seeking compensation for a hit and run, you must meet the eligibility requirements. In order to have a valid claim, you must prove that:

  • A driver owed you a duty of care.
  • This duty was breached.
  • You suffered an injury as a result of this breach.

Road users are expected to navigate the roads in a way that prevents injury and damage to themselves and others. This is their duty of care. As part of this, drivers must adhere to the Road Traffic Act 1988 and the Highway Code. If you would like to claim hit and run compensation, you must be able to prove that your injuries were caused when a driver failed to adhere to the rules and regulations governing road use. This is known as driver negligence.

Hit and run accidents in the UK may involve:

Our advisors can help you understand anything you need to know about hit and run claims. Get in touch using the details at the top of the page.

The Role Of The Motor Insurers’ Bureau (MIB) In Hit And Run Claims

The Motor Insurers’ Bureau (MIB) is the company that we will seek to get the funds for your hit and run accident, in the occurrence we cannot trace down the driver, or if the driver is uninsured.

This bill is paid through insurance premiums of motorists. The Motor Insurers’ Bureau work in partnership with insurance companies, the Police and the DVLA. We here at Legal Expert will handle your MIB claim on your behalf so you don’t need to worry about dealing with them.

You can find out more about making a hit and run compensation claim through the MIB by calling us on the number at the top of this page.

Common Injuries Caused By Hit And Runs

A hit and run could cause many different injuries. The amount of hit and run compensation you could receive will largely depend on the types of injuries you’re claiming for and how severe they are.

A hit and run accident could cause injuries such as:

  • Brain damage: This could affect a person’s ability to communicate, work, and live independently.
  • Back injuries: More severe injuries to the back, such as damage to the spine, can cause paralysis and pain.
  • Fractured bones: Severe fractures can result in substantial pain and issues with mobility and can even lead to amputation.
  • Psychological injuries: For example, PTSD or anxiety, could occur due to a hit and run accident. Such conditions can disrupt the injured party’s ability to work or complete day-to-day tasks.

For more advice on claiming for a hit and run in the UK, contact our advisors for free today. They can evaluate your claim for free, and may be able to connect you with a solicitor from our panel.

My Child Was Injured In A Hit And Run Accident – Can We Claim Compensation?

Yes, a parent/guardian can claim compensation on behalf of the child/minor (under the age of 18) if they’ve been injured in a hit-and-run accident. We can claim compensation from the MIB in the event you or your child has been involved in an accident in which the driver of the vehicle has no insurance.

Any compensation awarded to the child will be invested into a court-approved fund until the child reaches the age of 18.

If the child has medical care fees or urgent needs, then the compensation can be invested into a special trust fund, where this fund can be released by the trustee when they are needed.

To learn what else you can factor into hit and run accident claims involving children, please speak to our friendly advisers.

Can You Claim Compensation For A Fatal Hit And Run?

If you’re looking to make a fatal hit and run claim on behalf of a loved one, then you will need to prove that your loved one was fatally injured due to another road user breaching their duty of care.

The Law Reform (Miscellaneous Provisions) Act 1934 establishes that in the first six months following a loved one’s death, only the estate of the deceased can bring forward a claim on the deceased’s behalf for their pain and suffering prior to their death. They can also bring a claim forward on behalf of the deceased’s dependents.

After six months have passed, if the estate has made no claim, certain dependents can claim under the Fatal Accidents Act 1976 for the impact the death of their loved one has had on them. Under this act, a dependant can be defined as:

  • A husband, wife or civil partner (current or former).
  • Someone who lived with the deceased as their spouse for at least two years prior to the death.
  • A parent, stepparent or anyone who was treated as the deceased’s parent.
  • A child, stepchild or anyone who was treated as a child of the deceased.
  • A brother, sister, uncle or aunt of the deceased or any of their children.

For more advice on claiming fatal hit and run compensation, please contact our advisors for free.

What Are The Time Limits For Claiming Hit And Run Compensation?

You may be wondering if there is a time limit in place for claiming compensation for a hit and run. According to the Limitation Act 1980, claims for a car accident or a hit and run must usually be made within three years.

But, there are some exceptions to this rule. For example, the time limit is suspended for minors under the age of 18. In these cases, the limit reinstates on their 18th birthday, and ends on their 21st. However, while it is suspended, a suitable adult could apply to the courts to act as a litigation friend allowing them to put forward the claim on the child’s behalf.

For those who lack the mental capacity to make a claim for themselves, the time limit is frozen indefinitely. If the person recovers the capacity to claim, the time limit will reinstate on the date of recovery. Otherwise, a litigation friend can claim on their behalf.

For more information on claims for hit and run accidents, contact our team today.

Compensation Payouts For A Hit And Run Accident

If your hit and run claim succeeds, then you will receive general damages. This is the head of your claim that addresses your injuries, both physical and psychological, and the way that these injuries affect your life.

When legal professionals, such as solicitors, calculate compensation for a hit and run, they may use the Judicial College Guidelines (JCG) to help them value general damages. The JCG contains guideline compensation brackets for injuries of varying severities. We have included some examples of the figures found in the 16th edition of the publication in the table below. Please note that these are guidelines only. Also, the first entry and last two entries in this table are not based on the JCG.

Injury CommentsAmount
Multiple Serious Injures Plus Special DamagesIf you've suffered multiple serious injuries in a hit and run accident, then your compensation payout may cover all of these plus special damages, such as any loss of earnings.Up to £1,000,000+
Severe Brain InjuryThere may be some remaining ability to follow basic commands, but there is a need for full-time professional care due to a lack of language function and little to no response to the surrounding environment.£282,010 to £403,990
Moderately Severe Brain InjuryA very serious cognitive or physical disability requiring constant care and resulting in a risk of epilepsy.£219,070 to £282,010
Severe Back InjuryThe most severe injuries causing a high level of disability, including damage to the spinal cord and nerve roots.£91,090 to £160,980
Very Severe Ankle InjuriesVery severe ankle injuries are unusual and limited. This includes transmalleolar ankle fractures, with extensive soft-tissue damage, which causes a risk of further injury and deformity.£50,060 to £69,700
Severe Ankle InjuriesInjuries where there is a lengthy period of being in a plaster or an extensive period of treatment.£31,310 to £50,060
Arm Injuries (b)Injuries that result in a permanent and substantial level of disability.£39,170 to £59,860
Arm Injuries (c)A significant recovery will have taken place despite suffering significant disabilities.£19,200 to £39,170

You may also be entitled to special damages. This head of your claim covers the financial losses you sustain as a result of your injuries. For example, compensation under this heading may be able to help you claim back the cost of:

  • Lost earnings.
  • Home adjustments.
  • Mobility aids.
  • Prescriptions.
  • Childcare.

In order to claim back any losses you sustain, you have to be able to prove them. Because of this, it may be beneficial to retain any relevant bills, invoices, or receipts.

Our team of advisors are here to help if you have been injured in a hit and run car accident. Get in touch today to get started, or read on to learn more.

The Whiplash Reforms

The Whiplash Reform Programme introduced changes to the way claims for certain road traffic accident claims are made. This means that if you are a passenger or driver over the age of 18 with whiplash injuries or soft tissue injuries valued at £5,000 or less, you will need to make your personal injury claim in a different way. The whiplash injuries you have sustained will be valued in accordance with the tariff in the Whiplash Injury Regulations 2021.

However if you have been injured as a result of negligence on the part of an untraceable or uninsured driver, you can make your claim via Motor Insurers’ Bureau (MIB). However, the whiplash tariff will still apply to whiplash injuries.

If you’d like more advice on how to claim compensation for a hit and run accident, please get in touch.

Claim For A Hit And Run Car Accident Claim With Our No Win No Fee Lawyers

One of our solicitors may be able to help you if you’ve been harmed in a hit and run car accident, provided you have a valid claim. They may offer to represent you on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

When making a hit and run claim under this arrangement, you won’t be asked to pay any upfront or ongoing fees or costs to your solicitor for their services. Furthermore, you won’t be obligated to pay your solicitor for the work they have done on your claim if it fails.

Your solicitor will take a success fee if your claim succeeds. This is taken directly from your compensation as a small percentage, and there’s a legal cap in place.

To find out if one of our solicitors could help you with your personal injury claim if you have been involved in a road traffic accident, such as a hit and run, contact our team of advisors today. To get started:

More Guides On Road Traffic Accident Claims

In this last section of our guide on road traffic accident claims, we’ve included some more guides you may find useful.

If you’re looking to make a claim against the council or for advice on potential council compensation payouts, this guide will help. We discuss the eligibility criteria to make a  personal injury claim and No Win No Fee agreements.

If you need any help or advice on making a hit and run claim, please get in touch.

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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.