If the driver responsible for an accident leaves the scene, it does not necessarily mean that your right to seek compensation has disappeared.
Being involved in a road traffic accident can be distressing, particularly when the other driver leaves the scene without providing their details. Victims may assume that compensation is impossible if the responsible driver or vehicle cannot be identified. However, in the UK, there may still be routes available to pursue compensation in certain circumstances.
The Motor Insurers’ Bureau (MIB) operates schemes designed to compensate eligible victims of accidents involving uninsured or untraced drivers. This means that a hit-and-run accident should not automatically be considered the end of a potential compensation claim.
Report the Accident to the Police
Following a hit-and-run collision, reporting the incident promptly is important.
Under the Road Traffic Act 1988, drivers involved in certain road traffic accidents have legal obligations to stop and provide relevant information. GOV.UK guidance states that if details are not exchanged at the scene, an accident must be reported to the police within 24 hours.
If the other vehicle leaves before details can be exchanged, contact the police and provide as much information as possible about what happened.
A police report can also create an official record of the incident, which may become relevant when a compensation claim is considered.
Record Everything You Can Remember
Even if the driver escapes, small details can be valuable.
Write down the vehicle’s registration number if you saw it, even if you only remember part of it. Record the make, model, colour and direction of travel, together with a description of the driver where possible.
You should also record the exact location, approximate time and circumstances of the collision.
If anyone witnessed the accident, obtain their name and contact details. Photographs of the scene, damage to your vehicle and any visible injuries may also help establish what happened.
Nearby businesses, homes, buses or other vehicles may have CCTV or dashcam footage. Because recordings can be overwritten, it can be important to identify potentially relevant footage quickly.
What If the Driver Cannot Be Found?
The Motor Insurers’ Bureau may be able to assist where a driver responsible for an accident cannot be traced.
Under the MIB’s Untraced Drivers Agreement, eligible victims may be able to seek compensation for personal injury and, subject to the applicable rules, certain other losses.
Every case is assessed individually, and specific conditions and time limits can apply. It is therefore important not to assume that you cannot make a claim simply because the responsible driver has disappeared.
Take Action as Soon as Possible
Preserve medical records, photographs, receipts, witness information and any correspondence relating to the accident. Seeking legal advice early can also help identify the appropriate route for pursuing your claim.
Miya Solicitors provides professional legal support following road traffic and hit-and-run accidents, helping you understand your rights and take the appropriate steps towards seeking compensation.
Sources:
Motor Insurers’ Bureau (MIB) – Untraced Drivers:
https://www.mib.org.uk/making-a-claim/claiming-against-an-untraced-driver/
GOV.UK – Vehicle Insurance: If You’re in an Accident:
https://www.gov.uk/vehicle-insurance/if-youre-in-an-accident
UK Legislation – Road Traffic Act 1988, Section 170:
https://www.legislation.gov.uk/ukpga/1988/52/section/170
