Claim after a hit and run accident.

Road accidents can sometimes be caused by an at fault driver who was unable to be identified. They may have never stopped at the scene of the accident, somehow been unaware a collision took place or in extreme circumstances actually provided fake details after the accident.
 
Without a driver and their insurance policy to claim from, recovering your losses and being compensated for your injuries may seem difficult. However you may still be able to gain compensation by submitting a claim through the Motor Insurers' Bureau.

Compensation for an accident by a driver who has not been identified comes from a non-profit organisation call the Motor Insurers' Bureau or MIB.  The MIB is funded by insurers to compensate UK victims of both untraced and uninsured drivers.

​Every motor insurance company has to be a member and contribute to the MIB funding as part of the Road Traffic Act 1988.
​

Who can make a hit and run claim?

It's not only car drivers that can make a MIB claim, other valid claimants include:

• Drivers who have been hit by a vehicle that fled the scene
• Passengers in a vehicle that were hit by someone who failed to stop
• Pedestrians who have been knocked down by a hit and run driver
• Cyclists involved in a hit and run accident with a motor vehicle
• Motorbikers or pillion passengers hit by an untraced vehicle​

​

What can a untraced driver claim include?

​Compensation can be claimed for both physical and physiological personal injuries, the death of a relative and losses directly arising from your injury such as loss of earnings. Rehabilitation, adaptations and ongoing treatment for your injuries can also be included in a compensation claim.

As well as your injuries, claims against the MIB can include property damage such as the cost of repairing or replacing your vehicle, temporary car hire charges and loss of use. The MIB only pay out in the absence of any other insurance policy cover, so if your vehicle is comprehensively insured then you may not be able to claim for repairs etc. from the MIB.
​

How do I know if I am eligible for compensation from an untraced driver?

​The MIB has a fixed set of criteria for who is entitled to make a claim under the Untraced Drivers' Agreement, but as a general rule you can make a untraced accident compensation claim if:

• You are unable to trace an at fault driver of a vehicle that hit you
• Accident took place in the last three years for an injury claim
• Accident took place less than six years ago for a property claim (vehicle registration also needed)
• You reported the accident to the police with 14 days of injury and 5 days for property damage
• You've kept your losses to the minimum
• Accident occurred in the United Kingdom

Do I need a solicitor to claim for an untraced accident claim?

The MIB Untraced Drivers'  Agreement has various requirements that have to be complied with to submit a successful compensation claim. Therefore while it is perfectly possible to not use an injury lawyer, they will be able to accurately value your injuries as well as ensure your compensation claim covers all your possible expenses.​​

You can contact the MIB direct to submit a claim via their online system and they provide documentation on how to complete the application. But you will still need to supply t them with:

• Details of the accident circumstances including police reference numbers and witnesses.
• Why you believe the other driver was at fault and evidence to support your position.
• Accurate documentation of your losses and injuries. This evidence needs to include property damage, vehicle repair or write off costs, injuries sustained, treatment costs, loss of income etc.
• Evidence of enquiries you've made to attempt to trace the driver.

Once the claim is submitted the MIB will begin their investigations usually by first contacting the police for their report. The MIB may then come back with further requests for information over the course of a few months. 
​

Claim Against Untraced Driver.

​If you are confident that you can deal with the claim yourself, the ideal first step is to read the Motor Insurers' Bureau's Guide to Making a MIB Claim. It will provide a good overview of the process and steps of claiming via their online system.

You can then register as a 'Direct Claimant' on the MIB's website and start an online untraced driver claim. 

If you decide to instruct a solicitor to make the claim on your behalf, then the Law Society's Find a Solicitor search page can assist in locating suitable lawyers.