What Steps Should A Person Take If Injured In A Hit And Run By An Untraced Driver?

One in ten of road traffic accidents involve a hit and run causing an injury, and these types of incidents are on the rise.

A hit and run occurs when a driver leaves the scene of an accident, not having stopped to provide assistance, provide their details and report the incident to the police. Such drivers are known as untraceable or untraced drivers because without any details they cannot be traced or identified.

In a situation where either yourself or someone else has been injured and the hit and run driver has not stopped, there are certain steps you should take on the scene of the incident and in the aftermath.

Immediate Steps To Take

• Get yourself to safety – Stay at the scene of the collision but get yourself and your vehicle to a safe location where you are at no risk of further harm, such as a hard shoulder.

• Contact the emergency services – They must be contacted if someone is injured.

• Contact the police (if uninjured) – It’s better to contact them right away, increasing the likelihood of the driver being located.

• Gather as much information as possible – Write down details such as the time and location of the accident, as well as information like the license plate, make and model of the hit and run driver. Take photos of any damage to your vehicle, injuries to yourself and of the scene of the incident. Approach eye witnesses who saw what happened and ask them for their contact details.

Steps to take as soon as possible

• If you were injured and did not contact the police at the scene of the incident, you must report the incident to the police as soon as reasonably practicable – the sooner the better. The police will give you a crime number, which you will need to reference when making a claim.

• Contact your insurer to inform them that you have been involved in an incident. If you have comprehensive car insurance, you can make a claim on your insurance.

However, you may then lose part of or even all of your no claims discount as well as have to then pay a large excess. Because the driver who hit you cannot be traced and cannot be claimed against, you may have to pay for any repairs yourself and lose out on insurance benefits. Mind that if you have third party property damage or third party fire and theft insurance, you won’t be able to have your insurer cover the costs of the damage to your vehicle.

Claiming compensation against the Motor Insurance Bureau

Where you have been involved in a hit and run and the police is unable to trace the driver via CCTV or other means, you can make a claim for compensation against the Motor Insurer’s Bureau (MIB), a not-for-profit organisation that provides compensation to those injured by uninsured or untraced drivers. If the driver who left the scene of the incident is untraceable, you won’t be able to claim damages for repair costs to your vehicle. Such claims are pursued in accordance with the Untraced Drivers Agreement 2017 through an online portal system. Adhering to the time limits set by the Limitation Act 1980, generally you must make a claim within three years of the accident occurring as with all personal injury claims. When a child is injured, a claim must be made within three years of their 18th birthday.

After submitting the claim with the MIB, as part of their investigations they will usually:

• Attempt to trace the driver and/or a relevant insurer.

• Obtain a copy of the report the police have about the incident.

• Request copies of your full medical records.

• Arrange for you to be seen by a medical expert to conduct checks.

• Send an agent to your home address to take a witness statement.

• Ask for evidence to show your vehicle was damaged from you and your insurer.

• Obtain further expert reports if required.

Under the Untraced Agreement 2017, any compensation awarded through the MIB is calculated the same way as if you had claimed against a fault driver. There are some exceptions to this, and a specialist lawyer can advise whether your case falls within any of them.

There is the possibility to appeal with the MIB if you believe that the award you received is not sufficient or the MIB were incorrect to reject your claim. This must happen within six weeks of their initial decision.

If you’ve been injured in a hit and run accident and need expert legal advice, call our specialist Personal Injury team on 0330 822 3451. Alternatively, you can request a call back — we’re here to help.

The co-author of this blog is Rachel Cutmore, a Law student from Anglia Ruskin University.