According to data from the Motor Insurers’ Bureau (MIB), 12% of road traffic accidents where an injury is sustained are caused by a driver who then fails to stop at the scene. If this has happened to you, it is important to know that you have options to receive compensation for the injury and financial loss the accident has caused you, even if the driver who caused the accident is never identified.

In this guide, the road traffic accident solicitors at JMW explain what a hit and run is, what to do if you are injured and a driver leaves the scene, and how to start a compensation claim without the details of the driver that caused the crash to happen.

What Is Classed as a Hit and Run in the UK?

Under the Road Traffic Act 1988, all drivers are legally required to stop at the scene of an accident if injury or damage has occurred, and to give their name, address and vehicle registration number. A hit and run is a road traffic accident where one of the drivers involved fails to stop and does not provide their details.

This includes:

• Driving away after hitting another vehicle
• Failing to exchange details after causing injury to a person
• Leaving the scene before emergency services arrive when required

This is what is classed as a ‘hit and run’ in the UK, although this is not a legal term under the law in England and Wales and the offence will be called failing to stop or failing to provide details. 

Can I Still Claim if the Driver Left the Scene?

When the driver cannot be traced, it is still possible to make a hit and run compensation claim through the MIB.

The MIB is a UK non-profit organisation that compensates people who are injured by uninsured or untraced drivers, including in hit and run accidents. For this to be possible, you will need to take certain actions in the aftermath of the accident to gather evidence, and protect your health, so your solicitor has evidence to build a strong case around.

What to Do After a Hit and Run Accident

The moments after a hit and run can be disorientating. If you’re injured, your first priority is your health. Once you’re safe, you must report the accident to the police as soon as possible. For personal injury claims involving an untraced driver, this must be done within 14 days. Make sure to request a police reference number and keep this safe, as it will form part of your claim.

Even if your injuries seem minor, and you don't receive emergency medical assistance at the scene of the accident, you should see a doctor. Seeking medical attention will make sure you have not missed anything, and provide a medical record that will support your claim later.

Finally, gather evidence if you are able. Try to collect information such as:

• Photos of the damage, your injuries, and the location
• Details of any witnesses, including contact information
• Notes on the time, weather conditions, and road layout
• Any part of the registration number you saw

You should contact a solicitor who deals in personal injury as soon as possible. At JMW, we will take the evidence you have gathered, build on it and create a solid case for compensation.

How Does the Claims Process Work?

A hit and run injury claim usually follows the same general structure as the road traffic accident claim process, but will go through the Motor Insurers’ Bureau if the other driver cannot be traced.

Step 1: Initial advice

Speak to a personal injury solicitor as soon as possible. At JMW, we will assess your case over the phone and explain what will happen next if you are entitled to claim and decide to go ahead.

Step 2: Evidence gathering

We will collate your existing evidence, and look to build on it with:

• Police reports
• Independent medical evidence
• Witness statements
• Any available CCTV or dashcam footage

Our aim is to build the strongest possible case and prove that you were injured in an accident that was caused by someone else.

Step 3: Medical assessment

You may be asked to attend a medical examination with an independent medical expert. They will assess your medical records and offer their opinion on what caused your injuries, and how they have impacted your life.

Step 4: Submitting the claim

We submit your claim to the MIB on your behalf. The organisation’s legal team will assess liability and review the evidence. Throughout this process, you will not have to deal with the MIB directly, as your solicitor will liaise with the organisation on your behalf.

Step 5: Negotiation and resolution

We negotiate a compensation settlement based on the severity of your injuries, the impact on your life and any financial losses you’ve suffered.

How Much Compensation Could I Receive?

The amount of compensation awarded depends on:

• The type and severity of your injuries
• How they affect your daily life
• Whether you’ve had to take time off work
• Any ongoing medical treatment, rehabilitation or care needs
• Additional costs or losses, such as travel, prescriptions, or damaged property

Every case is different. Once we’ve reviewed the evidence and obtained your medical report, we’ll be able to advise you on the likely compensation amount. For an idea of the kind of compensation you could be looking at, take a look at our compensation claims calculator.

How Long Do I Have to Claim?

In most cases, you have three years from the date of the accident to start a personal injury claim. However, it’s best to begin the process as early as possible, particularly in hit and run cases.

To claim through the MIB, you must:

• Report the accident to the police within 14 days (for injury claims)
• Submit your claim within three years of the incident
• Provide evidence that you took all reasonable steps to identify the driver

If you’re unsure whether you still have time to claim, speak to JMW’s expert personal injury solicitors, and we will advise you right away.

When to Speak to a Solicitor

If you’ve been injured in a hit and run, it’s important to get legal advice as soon as possible. These claims can be complex, especially when the other driver can’t be identified.

At JMW, we:

• Guide you through every stage of the claims process
• Help you gather evidence and medical records
• Deal with the Motor Insurers’ Bureau on your behalf
• Fight to secure the full compensation settlement you’re entitled to

Throughout the process we will keep you informed, and take responsibility for the legal side of your claim so you can focus on your recovery.