Hit and Run Accident Claims
A hit-and-run leaves the victim with nowhere obvious to turn. The driver has fled, the police investigation may go nowhere, and the standard claims process — which usually relies on the at-fault driver’s insurer — simply doesn’t apply. UK law has anticipated this. The Motor Insurers’ Bureau operates an Untraced Drivers Agreement that pays compensation in hit-and-run cases, broadly equivalent to a normal civil claim, even where the driver is never found.
In this guide
- What Counts as a Hit and Run?
- Critical Reporting Requirement — Within 5 Days
- Who Can Claim Under the Untraced Drivers Agreement?
- What Compensation Could You Receive?
- Property Damage Exclusion
- Time Limits
- Evidence That Strengthens an Untraced Driver Claim
- No Win No Fee Hit and Run Claims
- Common Questions About Hit and Run Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide covers who can claim, the procedural requirements (which are stricter than for normal claims), what compensation is available, and how to start a claim on a no win no fee basis.
What Counts as a Hit and Run?
For the purposes of the MIB Untraced Drivers Agreement, a “hit and run” is any case where the driver responsible for the accident cannot be identified. This includes:
- The classic hit-and-run — driver flees the scene without stopping
- Driver stops but provides false details and disappears
- Driver who caused you to swerve and crash (a “no contact” hit and run) where they did not stop
- Phantom vehicle cases where another driver’s manoeuvre caused your accident but they did not stop
- Multi-vehicle pile-ups where the original responsible driver cannot be identified
A case where the driver is identified but uninsured is covered by the Uninsured Drivers Agreement — a separate scheme. See our uninsured driver accident claims guide.
Critical Reporting Requirement — Within 5 Days
The Untraced Drivers Agreement has one strict requirement that catches many would-be claimants out:
You must report the accident to the police within 5 days. For personal injury cases (where you were not aware of the injuries at first) the deadline is 14 days from when you became aware of the injury. The reporting must happen via the police rather than just your insurer.
If the deadline is missed, the MIB can refuse the claim on technical grounds. Late reports are sometimes accepted where there is a good reason (hospitalisation, lack of capacity), but acceptance is not guaranteed. If you have been involved in a hit and run, report to the police as soon as you reasonably can.
Who Can Claim Under the Untraced Drivers Agreement?
You can claim if all of the following apply:
- You were injured by a UK-registered motor vehicle that was required to be insured
- The driver responsible cannot be identified
- The accident occurred on a road or other public place
- You reported the accident to the police within the time limit
- You were not knowingly travelling in an uninsured or stolen vehicle
Drivers, passengers, pedestrians, cyclists, and motorcyclists can all claim. Fatal accident dependants can claim under the Fatal Accidents Act 1976 alongside the MIB Agreement.
What Compensation Could You Receive?
The Untraced Drivers Agreement pays compensation on a similar basis to a normal civil claim — general damages for the injury plus special damages for financial loss. There is no cap on the amount payable.
Typical general damages ranges:
- Whiplash and soft-tissue injury — tariff under the Whiplash Injury Regulations 2021
- Moderate orthopaedic injury — typically £8,000 to £45,000
- Severe injury with permanent disability — typically £45,000 to £200,000+
- Catastrophic injury — JC catastrophic brackets apply in full
- Fatal claim — bereavement award plus loss of dependency under the Fatal Accidents Act 1976
Special damages cover lost earnings, rehabilitation, vehicle repair or write-off, kit replacement (for motorcyclists and cyclists), care needs, and any other financial impact. The MIB applies the same valuation principles as a normal insurer.
Property Damage Exclusion
There is one notable difference from the Uninsured Drivers Agreement: property damage (vehicle repair, damaged belongings) is excluded in hit-and-run cases except where there has been “significant personal injury”. This rule exists because false hit-and-run property damage claims are easier to fabricate than personal injury claims.
In practical terms:
- Personal injury compensation is paid in full
- Property damage above the threshold is paid only where there is significant personal injury (the MIB has discretion on what counts)
- For pure property damage hit-and-run cases (no personal injury), you may need to claim through your own comprehensive insurance instead
Time Limits
You have three years from the date of the accident to start a claim under the Untraced Drivers Agreement (the standard personal injury time limit). The MIB also requires the claim itself to be notified to them within a specific period under the Agreement, so it is important to involve a solicitor early. For children, the three-year clock does not start until their 18th birthday. See our time limits guide for the rules in full.
Evidence That Strengthens an Untraced Driver Claim
- Police crime reference number and any subsequent investigation update
- Witness statements — particularly anyone who saw the vehicle that fled
- Any partial registration number you noted
- Description of the vehicle (make, model, colour, distinguishing features)
- Dashcam footage from your vehicle or nearby vehicles
- CCTV from junctions, shops, or roadside cameras
- ANPR (Automatic Number Plate Recognition) data — the police may obtain this
- Photographs of the scene and damage to your vehicle
- Your medical records, scans, and specialist reports
- Records of all financial losses
CCTV and ANPR evidence is particularly important in hit-and-run cases. Many “untraced” drivers are eventually identified through this evidence — at which point the case moves to the Uninsured Drivers Agreement (if the driver is uninsured) or the responsible insurer (if they are insured). See our evidence guide for more.
No Win No Fee Hit and Run Claims
Hit and run claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped by LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. After-the-Event insurance protects you from the other side’s costs if the case is lost. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.
Common Questions About Hit and Run Claims
I did not get a registration number. Can I still claim?
Yes. The Untraced Drivers Agreement specifically exists for cases where the driver cannot be identified — no registration number is needed. The case is built on the description of the vehicle, witness evidence, and any CCTV or dashcam footage. The MIB will run its own enquiries to try to identify the driver, but the absence of identification does not defeat the claim.
The police told me there is no realistic prospect of finding the driver. Does that mean I cannot claim?
No — quite the opposite. The Untraced Drivers Agreement is designed for exactly this situation. The police investigation outcome does not determine whether the MIB pays. As long as you have reported to the police within the time limit and obtained a crime reference number, the MIB processes the claim on its own merits.
I was hit by a car while cycling. The driver stopped briefly then drove off when I wasn’t looking. Is this a hit and run?
Yes. Any case where the driver did not provide their details in the way required by the Road Traffic Act 1988 is technically a hit and run for the purposes of the MIB scheme. Stopping briefly without exchanging details is no different from not stopping at all.
I was a passenger and the driver of my car fled the scene of a single-vehicle accident. Can I claim?
This is more complex. The Untraced Drivers Agreement applies to drivers of other vehicles, not the driver of your own vehicle. If your driver fled, the right route is usually a claim against the driver personally (or, if they had insurance, against their insurer — even where they left the scene, the insurance generally still responds to injury claims by passengers). A solicitor can advise on the best route.
The hit-and-run driver was eventually traced. Does that affect my claim?
Yes — and usually for the better. If the driver is identified and was insured, the claim moves to that insurer (which generally produces a faster outcome than the MIB scheme). If the driver is identified but uninsured, the claim moves to the MIB Uninsured Drivers Agreement instead. Either way, your compensation entitlement is not reduced.
How long does a hit and run claim take?
Most MIB hit and run claims take 12 to 24 months from notification to settlement, depending on injury severity. Cases where the driver is eventually traced often resolve faster. Serious injury claims involving lifetime care needs can take longer to fully settle. See our how long does a claim take guide.
Related Guides
Uninsured Driver Accident Claims
What to Do After a Road Accident
Check If You Could Claim Compensation For Your Injury
If you were injured in an accident that wasn’t your fault, you may be entitled to compensation. Start a free claim check in minutes — no upfront cost. No win, no fee if your claim is accepted.
