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Hit and Run Accident Claims

If you or a loved one has been involved in a hit and run accident you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.

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An overview of hit and run accidents

Life has so many unpredictable moments. You could be standing at the bus stop, walking on the sidewalk, or using the crosswalk to get across the street when a car makes a wrong turn and hits you. You could also be driving your car, obeying all traffic rules, and maintaining your lane when another vehicle slams into yours.

All these are road traffic accident scenarios for which you can file a compensation claim under the UK personal injury law. However, there are instances where the driver who caused the accident flees the scene, leaving you injured and unattended. The law refers to such a case as a hit-and-run accident.

Thankfully, victims of hit-and-run collisions can still demand compensation from the party who caused the accident. At Claims Bible, we will assist you to get special and general damages from the at-fault party.

In this section

› Hit and Run Accident Claims

› An overview of hit and run accidents

› Why do drivers flee hit and run accidents?

› What should you do after a hit and run accident?

› What compensation do hit and run victims get?

› Check your eligibility to claim after a hit and run

› What happens if the hit and run driver isn’t caught?

› How much compensation for hit and run accident?

Why do drivers flee hit and run accidents?

The Road Traffic Act 1988 mandates all drivers to stop at the scene of a car crash. Those involved are expected to assist any injured party, inform the nearest law enforcement agency, and provide their insurance details to the other party. Failure to stop at the collision site is a criminal offence punishable with up to six months in prison.

The same factors that contribute to car accidents result in hit-and-run crashes. These include speeding, drink driving, failing to obey traffic lights, tailgating, etc. The biggest question, however, is what makes a driver flee the scene of an accident?
Could it be because of the reason the collision occurred or something more? Below are some of the reasons why drivers leave an accident scene.

They’ve Committed a Crime

People who commit a crime are more likely to flee the scene of an accident. The most common offence would be driving under the influence of drugs or alcohol. Driving impaired is a severe offence in the UK that comes with at least six months imprisonment, a driving ban for at least one year and a fine.

According to the Metropolitan Police , the legal alcohol limit in England, Wales, and Northern Ireland for driving is 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms of alcohol per 100 millilitres of breath. Anything above this would be deemed driving under the influence and a crime.

As such, drivers who drive while under the influence sometimes flee the scene to avoid the possibility of going to jail. Some of these drivers wait until the alcohol leaves their system before they turn themselves in for the hit-and-run accident. This way, they can at least deny any charge of driving under the influence.

Also, there are instances where a hit-and-run driver might have been fleeing from a crime scene. In such a case, they will not remain at the accident site to prevent the possibility of them getting caught by the police.

No Third Party Insurance

Under UK law, a motor vehicle owner must have insurance to drive on UK roads. Third-party insurance is the legal minimum set by the government, and in case of an accident, the policyholder can compensate an injured party or repair the victim’s vehicle.

When a driver lacks auto insurance, chances are they will flee after the accident to avoid the legal repercussions. There’s also the fact that they might lack the funds to compensate the victim, which also causes them to run.

Outstanding Warrants or Tickets

After an accident, the responding law enforcement officers would run the information of the drivers involved through their system. If they find that a driver has outstanding warrants or tickets, they are likely to detain them. As such, a person who is aware of such an outstanding warrant and ticket would flee the accident scene.

Illegal Immigrants

The UK is not without illegal immigrants. If a person without proper documentation drives a car and causes an accident, they would likely flee the scene for fear of deportation. Interestingly, this would also be the case where such a person is the victim.

Fight or Flight Response

When a sudden event like an auto collision occurs, those involved have a fight or flee response. Those with the fight response stay to face what comes next, while those predisposed to a flee reaction would leave the accident scene. However, once a driver who flees calms down and stops panicking, they will likely turn themselves in to the police.

What should you do after a hit and run accident?

As a hit-and-run accident victim, there are steps you must take immediately after the crash. They include the following:

Call the Police

The police are your best chance of catching the hit-and-run driver and holding them responsible for your injuries and other losses. The police have several tools to track down a hit-and-run driver.
For example, if you or a traffic camera got the license plate number of the fleeing car, the investigators can use it to track down the driver. However, note that the police will not investigate minor hit-and-run accidents where you suffered only a dent or scratch to your vehicle. you fail to get medical treatment.

Get Medical Treatment

After getting the police involved, the next thing is to get medical treatment if you suffer injuries. Since the civil aspect of a hit-and-run qualifies as a personal injury case, you need your medical record to prove your claim. A detailed medical record shows:

The injury suffered
The treatment prescribed and the duration
Any impact on your well-being and daily life
The cost of treatment

You cannot claim compensation for bodily injuries if you fail to get medical treatment.

Speak With a Solicitor

The last thing you must do is consult with an solicitor. Solicitors know the law and will advise you on the best legal steps to take to ensure you get maximum compensation.

What compensation do hit and run victims get?

Two classes of damages are available to a person injured in a hit-and-run accident. They are special and general damages.

Special Damages

Special or economic damages are the money paid to a victim to cover the financial losses from the accident. Typically, special damages cover medical bills, loss of income, and property damage. Where the victim dies, it covers their funeral and burial expenses. Economic damages are the easiest to prove, as you can do so with the receipts of the payments made for medical treatment or pay stubs from your employer.

General Damages

General or non-economic damages do not compensate for financial losses or expenses but for the losses flowing from the injury suffered. As such, it covers pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. General damages are hard to establish as they are unquantifiable, hence the need for a claims calculator.

Check your eligibility to claim after a hit and run

To prove your eligibility to file a claim and secure compensation, you must first establish the four elements of negligence. They include:

The at-fault party owed you a duty of care
The negligent party breached the dirty of care
The breach caused the accident that resulted in injuries
You suffered damages as a result of the accident

The evidence needed to back your claim includes the following:

Information on the day, time, and location of the accident
Information on the vehicle that fled, including the make, colour, model, and vehicle registration number
Contact details of eyewitnesses
Video and photographs of the crash
Official police report

What happens if the hit and run driver isn’t caught?

If the police fail to trace the hit-and-run driver, you can still file a compensation claim. However, your claim would go to the Motor Insurance Bureau (MIB). The MIB settles crash victims in situations where the at-fault driver is uninsured or at large.

The MIB will investigate your claim, and the process will be faster if you can provide them with evidence. The Bureau will ask for your medical record and schedule a private medical assessment to determine the severity of your injury. Our legal team at Claims Bible can provide you with more information on the MIB claim process.

Did you know?

You have up to three years from the date the accident occurred to file a claim. Once this time elapses, you will not be able to claim.

How much compensation for hit and run accident?

There is no clear-cut figure for the amount you are likely to receive as compensation after a hit-and-run crash. Several factors play a role in the total amount. Note that you have three years from the date the accident occurred to file a claim. Once this time elapses, your case will be statute-barred.

The factors affecting your compensation amount include:

The severity of your injury
The duration of time away from work
The presence of a physical disability
The presence of emotional trauma
The expertise of your lawyer

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Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Starting a claim only takes 5 minutes, so why not do it now?

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