According to the Motor Insurers’ Bureau (MIB), around 12% of road traffic accidents (RTAs) reported to the police in the UK involve a hit-and-run driver. This translates to roughly 17,000 hit-and-run incidents per year.
The feeling of impotence, insecurity, and injustice can be overwhelming for those involved in these accidents. After all, the least decency expected in these cases is that all drivers at fault assist the victims. Unfortunately, this does not always happen. But it does not mean that justice will not be served or that you will have to face the consequences of the accident alone. Read this guide to compensation and recovery to know more.
Contact Us Now To Claim
When Might a Hit-and-Run Claim Be Possible?
Hit-and-run refers to traffic accidents with victims in which one of the drivers involved in the collision leaves the crash scene without assisting the victims or waiting for the arrival of police authorities or paramedics.
Assisting traffic victims is more than an ethical obligation. It is, above all, a legal requirement. The laws governing “hit and run” incidents in the UK are encapsulated under Section 170 of the Road Traffic Act 1988. This legislation mandates that if a driver has caused injury to a person or damage to property, they must stop and provide their details, including name, address, and vehicle registration, to others involved. If for any reason this is not possible, the incident must be reported to the police as soon as practicable, or in any case within 24 hours.
The act specifies two main offences: “failing to stop after an accident” and “failing to report an accident.” Penalties for these offences can include fines, penalty points on the driver’s licence, and, in more severe cases, imprisonment. Therefore, if you were a victim of a traffic accident and the involved driver did not stop to help you or exchange contact information, you are entitled to hit-and-run compensation.
How Much Compensation Is Available?
There is no predetermined amount for compensation. The amount will depend on the circumstances of the accident and the extent of the victim’s injuries and suffering.
In some cases, the compensation also covers indirect losses, such as loss of income if the victim cannot work as a consequence of the accident, expenses with rehabilitation and therapy, costs involved in adapting the victim’s home if their mobility is reduced, and even expenses with therapists and psychologists to treat post-traumatic stress or psychological distress resulting from the accident.
For instance, very serious leg injuries might attract compensation in the range of £54,830 to £87,890, indicating long-term or permanent mobility issues, serious deformity, and extensive treatment. Severe back injuries could range from £38,780 to £69,730, depending on the level of ongoing pain, disability, or impairment.
The Sentencing Council in the UK uses three categories to classify the severity of offences for prosecution purposes.
- Category 1: Offences that result in more significant harm and involve higher culpability. It represents the most severe level of offence within this framework.
- Category 2: Includes cases of lower culpability coupled with greater harm, or higher culpability with lesser harm. It covers a middle ground between the most and least severe offences.
- Category 3: Offences that result in lesser harm and involve lower culpability, representing the least severe offence level within this framework.
The Sentencing Council may classify an individual within the Category 1 tier for several reasons, including failing to stop when it is probable that a test for substances (such as alcohol or drugs) would have been required, attempting to evade arrest for an additional offence, departing from the scene after inflicting personal injury, or providing inaccurate details.
The Process of a Hit and Run Claim
Being involved in a hit and run accident can be a distressing experience, with victims left to deal with the physical, emotional and financial impact of the incident and the challenges that come with the guilty party leaving the scene. At Hutcheon Law, we’re committed to supporting you through the entire process of making a claim, ensuring you get the compensation and treatment you deserve. Every case is different, and our solicitors will be happy to let you know what to expect beforehand, but the following is a typical guide on the process of a hit and run claim.
An Initial Consultation
You can start the claims process by booking a free, no-obligation consultation with a solicitor. This stage can involve arranging a simple call with the solicitor or meeting them in person at their office. This initial step is the ideal opportunity to explain your situation to a specialist and receive advice about your options. You won’t have to pay anything for this part of the claims process. You should decide whether the solicitor is the right fit to handle your case. Some points to look out for include their experience and testimonials, how much they will charge, and whether they will offer a personal and friendly service tailored to you.
Appointing a Solicitor
After considering your options, it’s time to appoint a solicitor to manage your claim. While claims can be dealt with on your own, hiring a specialist solicitor ensures you have the best chance of winning your case and, in particular, maximising the compensation you are owed. Solicitors will handle many of the complex and time-consuming parts of the process, saving you time and hassle and ensuring you remain focused on your recovery. Once a solicitor has been appointed, they will immediately begin gathering evidence to establish the facts and build a strong case that proves the other party’s guilt and how their actions have negatively affected your life. Claims must be submitted within three years of the accident, so it’s vital to get started as soon as possible.
Claiming Through the Motor Insurers’ Bureau (MIB)
The Motor Insurers’ Bureau (MIB) is the organisation responsible for managing compensation claims when a motorist suspected of causing an accident has fled the scene and cannot be traced or if they were insured. When you submit a claim with the MIB, they will go through a thorough process, which can include attempting to trace the driver or their insurer, obtaining medical records and police reports, and more. Following their investigation, they will either agree that you are entitled to compensation and arrangement for payment to be sent, or they will explain their reasons why they have rejected the claim.
Submitting a Claim Notification Form
If the person who fled the scene of the hit and run is found, a Claim Notification Form will be sent to them. The CNF is a formal document sent to the other party outlining your intention to seek compensation following an accident for which you allege they are fully or partially responsible. The document includes important details like the accident description, your injury and medical details, why you believe the defendant is liable, and more. The defendant must then respond within a reasonable timeframe. This is a crucial part of the process that kickstarts your claim, and it’s vital to get it right.
Settling Liability & Compensation
There are several ways that the next part of the hit and run claims process can go. Firstly, following submission of the Claim Notification Form, the other party will admit or deny liability. If they accept, you will move on to the compensation stage. If they don’t admit responsibility, the case may go to court, and a judge will decide. Regardless of either scenario, if the case moves to the compensation stage, your solicitors will negotiate with the other party and their representatives to reach a settlement that best reflects the accident’s impact on you. Once again, a decision may be reached, or it may not, and a judge will decide. It’s essential to note that most claims are settled out of court without judicial intervention.
Receive Your Compensation
After a settlement has been reached or a judge has ruled in your favour, your claim has been officially won, and you can finally sit back and wait for the compensation to arrive. Various factors can affect when you should expect to receive the compensation, but typically, it may arrive anywhere from 14 to 28 days after the settlement/verdict. The guilty party’s insurance company will usually be liable for paying the compensation. After winning your claim, your solicitor can advise when the payout will likely be awarded.
Contact Us Now To ClaimWhat Evidence Can Support a Claim?
Record anything that proves or indicates fault in the accident. Use photos and videos to show the extent of the damage and the position of the vehicles and victims, and request contact information from witnesses. Also, remember to document the accident’s impact on your life through medical and police reports.
Is There a Time Limit?
The legislation stipulates that hit-and-run compensation claims must be lodged within three years following the incident. Therefore, it is crucial to promptly consult with a specialist solicitor to mitigate the risk of forfeiting your claim by surpassing the deadline. Remember that your lawyers will need time to gather all the necessary evidence before filing the legal process.
If the driver who caused the accident can be identified and found, your solicitors will submit a claim against them. The driver’s insurer will make the compensation payment.
What if the Driver Isn’t Found?
When the driver at fault remains unidentified or lacks insurance, the Motor Insurers’ Bureau (MIB) steps in to offer compensation for injuries and financial losses. You’re eligible to claim if you can prove that another road user breached their duty of care, leading to your injury or damage to your property.
Make a Hit-and-Run Claim With Hutcheon Law
We know how stressful and challenging it is to be a victim of a hit-and-run. But know that you are not alone. Hutcheon Law specialises in managing these complex claims with sympathy and professionalism. Entrust your case to us, and let our expertise guide you to the rightful compensation you deserve. Start your journey towards justice today by reaching out to Hutcheon Law.
Contact Us Now To Claim
