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Our hit and run car accident solicitors deal with compensation claims using the no win no fee* scheme. You do not have to fund or finance your case as it proceeds. You will not be asked for money upfront nor will you be expected to pay anything during the legal process. Most hit and run accidents involve untraced and uninsured drivers and the majority of claims are handled by the Motor Insurers Bureau (MIB) which is funded by the insurance industry with the aim of compensating the victims of uninsured or untraced drivers for personal injury and loss. The MIB pays the victim immediately upon judgement in trsced driver claims even if the uninsured driver cannot afford to do so and thereafter the MIB pursue the uninsured driver for the outstanding money. In the case of an untraced hit and run driver the MIB will only award damages for personal injury and loss (excluding legal charges) to the victim however solicitor's legal charges are not awarded but are deducted from the award at a pre-agreed percentage rate. In a hit and run car accident compensation claim the MIB pays the victim immediately upon positive assessment of the claim without necessity for judgement in a court of law which cannot be obtained against an unidentified potential defendant .

Uninsured Drivers & Untraced Drivers

There are two separate schemes for Motor Insurers Bureau compensation claims :-

    The Uninsured Driver Agreement enables the victims of uninsured drivers to take legal action for compensation against a negligent uninsured third party driver with the knowledge that if the negligent driver cannot personally pay any court judgement for damages, that the MIB will settle the entire claim together with any legal costs incurred subject to deduction of a nominal excess. The MIB thereafter will attempt to recover any amounts that they have paid out to reimburse the fund. The MIB have been known to chase uninsured drivers for many years in order to get repayment of the amount they have paid out to the innocent victim. In order to make a claim for compensation under the Motor Insurers Bureau 'uninsured driver agreement' it is necessary to obtain judgement in a court of law against the uninsured driver. This involves the issue of a summons, usually in the County Court, alleging negligence and claiming damages against the uninsured driver. The matter continues as a normal Count Court legal action and upon judgement being granted, provided that the MIB rules have been followed, it is usually possible to claim all losses sustained that are referred to in the judgement including legal charges subject to certain statutory deductions from the MIB. The Motor Insurers Bureau must be given 7 days notice prior to the commencement of legal proceedings in a court of law which must include a copy of the summons. There may be other MIB requirements dependent on the facts of the case. In the case of an uninsured driver claim damages awards.

    The Untraced Driver Agreement applies where the third party driver is unknown or unidentified and effectively enables victims to claim compensation for personal injury as a result of a 'hit and run' accident. The important distinction in Motor Insurers Bureau compensation claims for untraced drivers is that the overall compensation paid by the MIB will only include a small contribution towards your solicitors legal charges. In a 'hit and run' case whilst our solicitors will deal with the compensation claim on a no win no fee* basis, in the event of a successful outcome there will be a deduction from the compensatory award to cover the balance of outstanding legal charges.

    The procedure for dealing with a hit and run driver is different to the procedure where the driver has been identified. In the case of a hit and run accident it is not possible to issue a summons as the defendant must be specifically named in a summons. The Motor Insurers Bureau untraced driver agreement requires application to be made to the MIB who will consider the facts of the matter and in appropriate cases will award compensation. There are certain prerequisites for an MIB hit and run claim, the most important of which requires that the matter be reported to the police promptly. In the case of an untraced driver claim a deduction is made from the MIB damages award to cover solicitors legal charges on an agreed basis.

Evidence Gathering & Preservation

In all MIB car accident compensation claims whether or not the driver is traced and uninsured or an untraced hit and run driver it is essential to obtain maximum evidence to prove not only liability but also the extent and effect of the injury. Where possible the following matters should be dealt with in all cases at the first possible opportunity. Delay can be fatal to a hit and run car accident compensation claim :-

  • If the uninsured diver has stopped you should exchange details.
  • If there are witnesses you should obtain contact details.
  • Obtain the vehicle registration details where possible.
  • Take photographs of the location and damage to vehicles.
  • Obtain the ID or collar number of any police who attend the scene.
  • Attend a GP or A&E the same day if possible.
  • Write down exactly what you believe happened as soon as possible and retain the dated document.
  • Keep a diary outlining all expenses and documenting recover from injury.

Compensation Awards

The award in a personal injury compensation claim is intended to put the victim back into the position that they would have been in had the accident not occurred. Broadly damages awards consist of losses including property damage and pain and suffering together with other losses that must be assessed. An award in a hit and run car accident compensation claim inevitably involves a sum for pain and suffering which is determined after consideration of the extent of the injury, the recovery period and whether or not there are any long term disabilities or consequences. The amount is determined by a judge following government guidelines, awards made in previous similar cases and the judge’s personal experience of lengthy practice in law courts. The most common awards made in a personal injury compensation claim include the following items which are either proved by documentation or assessed by a judge often following representation from the parties solicitors:-

  • pain & suffering
  • loss of lifestyle
  • disadvantage on the job market
  • loss of congenial employment
  • damage to property including vehicles
  • written off vehicle value
  • past & future wages loss
  • cost of care
  • incidental expenses
  • travelling expenses
  • car hire costs
  • loss of use of motor vehicle
  • depreciation post-accident
  • insurance policy excess
  • interest

Hit & Run Law

Drivers involved in an accident are required to stop and exchange personal details with others involved in the incident. If a driver is unable to stop for any reason, there is a legal requiring for that driver to report the accident to the police within 24 hours, failure to do so being a criminal offence punishable by penalty points, a fine and if appropriate a maximum of 6 months imprisonment. Unfortunately the penalty applicable to hit and run offences is inadequate in respect of persuading an uninsured driver (or a drunk driver) to stop and summon the emergency services to assist an innocent victim who may die without urgent medical treatment. The facts of hit and run demand that a new charge of killing or seriously injuring and fleeing the scene of a crash should be introduced, with a maximum penalty of 14 years in prison, the same as for death by dangerous driving

Facts & Figures

There are over 200,000 car accidents causing personal injury in the UK every year. More than a million vehicles regularly driven on UK roads are uninsured which account for at least 3 fatalities every week and over 20,000 casualties including 2,000 seriously injured innocent victims every year. The amounts paid out by the MIB for injuries is over £2 billion to date with no limit on personal injury damages and a maximum of £250,000 for property damage. Over 500 uninsured cars which are identified every day by the Motor Insurance Database are impounded by the police.

Professional Negligence

The Motor Insurers Bureau (MIB) is a private company, set up by the government and funded by a statutory levy on all motor insurance companies that pays compensation to the innocent victims of untraced drivers and uninsured drivers. The rules governing Motor Insurers Bureau compensation claims can be complex and failure to comply may result in a potential claimant losing the right to receive compensation. Failure to satisfy the MIB regulations is a frequent source of professional negligence proceedings against inexperienced solicitors. It is important that any solicitor handling a road traffic accident case involving an untraced driver or an uninsured driver is knowledgeable about MIB procedures which are different to a normal personal injury compensation claim.

Hit and Run Solicitor - no win no fee*

We operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here