This guide will explore when you could be eligible to begin a personal injury claim after being injured in an accident caused by an untraced driver breaching the duty of care they owed you.
When making a claim of this type for injuries sustained in a road traffic accident, you would usually do so against the at fault driver. However, in cases where the driver can’t be traced, such as in a hit and run accident, you could still seek compensation by making your personal injury claim through the Motor Insurers’ Bureau (MIB). The MIB provides those who have been injured in an accident with an untraceable or uninsured driver a way to seek compensation.
As we move through this guide, we will discuss the process of making a claim through the MIB, including the evidence you could gather to strengthen your case.
Additionally, we discuss personal injury settlements including the different heads they could be made up of and how these aim to address the different ways you have been affected by your injuries.
Finally, our guide will explore the benefits of working with a No Win No Fee solicitor and the services they could offer to assist you when seeking compensation.
To find out more about road traffic accident claims, please get in touch with an advisor. You can reach them via one of the following contact methods:
- Telephone: Call for free on 0113 460 1216
- Online: Learn more about making a claim by filling out our form.
- Live chat: Use the live chat feature below to ask a question.
Select A Section
- Can You Claim For A Road Traffic Accident Caused By An Untraced Driver?
- How Much Compensation Could You Receive In A Successful Claim?
- Evidence That Could Help Support A Road Traffic Accident Claim Against An Untraced Driver
- Is There A Time Limit When Claiming For Injuries Caused By An Untraced Driver?
- Make A No Win No Fee Claim Using Our Panel Of Solicitors
- Learn More About The MIB Claim Process
There are a set of eligibility criteria that need to be met in order for you to have valid grounds to make a personal injury claim.
Firstly, you need to prove that a duty of care was owed to you. The Road Traffic Act 1988 sets out the duty of care road users owe one another to navigate the roads and operate their vehicles in a way that prevents injury to themselves and others. Also, the Highway Code provides guidance on the different responsibilities road users have.
Secondly, you need to prove that this duty of care was breached and that you experienced harm, either physically or emotionally, as a result.
Together, a breach of duty causing harm forms the basis of negligence. If you can demonstrate negligence on the part of an untraced driver has occurred, you may be eligible to seek personal injury compensation by claiming through the MIB.
To find out more about the eligibility criteria and claiming through the MIB, please get in touch with our team on the number above.
Personal injury payouts awarded for a successful claim will include compensation for the physical and psychological pain and suffering caused by your injuries. This is awarded under general damages.
Legal professionals can refer to medical evidence and a document called the Judicial College Guidelines as a way of valuing injuries. The document contains guideline award brackets for different injuries, some of which we have included in the table below. However, these figures are only a guide.
We have also included amounts for whiplash injuries from the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts that will be used to value your whiplash injuries as per the changes brought in by the Whiplash Reform Programme.
Award Bracket Amounts
|Injury Type||Severity Level||Award Bracket - Guideline||Notes|
|Back||(a) Severe (i)||£91,090 to £160,980||The most severe injury involving spinal cord and nerve root damage that causes severe pain and disability.|
|Arm Amputaion||(b) Loss of One Arm (i)||Not less than £137,160||One arm is amputated at the shoulder.|
|Pelvis||(a) Severe (iii)||£39,170 to £52,500||A hip fracture resulting in a hip replacement that is only partially successful. There is a risk for future surgery.|
|Foot||(b) Amputation of One Foot||£83,960 to £109,650||There is a loss of the ankle joint.|
|Neck||(a) Severe (iii)||£45,470 to £55,990||Injuries that result in fractures or dislocations or that cause severe soft tissue damage and ruptured tendons.|
|Wrist||(c) Less Severe||£12,590 to £24,500||Injuries that result in a permanent disability, such as a degree of ongoing pain and stiffness.|
|Leg||(c) Less Serious (i)||£17,960 to £27,760||An incomplete recovery from fractures or serious soft tissue injuries.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Soft tissue injuries with symptoms that are more than minimal and persist for longer than two years but they aren't permanent.|
|Whiplash||One or multiple whiplash injuries||£4,215||Symptoms lasting for 18-24 months.|
|Whiplash||One or multiple whiplash injuries||£3,005||Symptoms lasting for 15-18 months.|
Claiming For Financial Losses In An Untraced Driver Claim
You could also be awarded compensation for the financial losses you incurred because of your injuries under special damages. For example, you could claim back the cost of:
- Lost earnings
- Medical costs
- Travel expenses
- The cost of any adaptations needed to your home and vehicle
Evidence, such as payslips and receipts, can help prove these expenses. As such, you should keep a record of any financial costs to support your claim.
For a more personalised estimate of what you could potentially receive in compensation following a road traffic accident, please get in touch on the number above.
As part of the claims process, you should gather evidence to prove that an untraced driver was negligent. For example, you could:
- Collect dashcam footage
- Request copies of your medical records
- Take photographs of your injuries, damage to your vehicle and the accident scene
- Note down the contact details of any witnesses who would be willing to provide a statement at a later date
- Keep a diary that details your mental and physical state after the accident
If you are unsure how to go about collecting evidence to support your case, you may find it beneficial to work with a solicitor from our panel. They can use their experience to help you through the personal injury claims process.
To learn whether they could help you, please get in touch on the number above.
The time limit for beginning a personal injury claim is generally three years, as set out by the Limitation Act 1980. The time limit can begin from the date of the accident. However, there are exceptions that may apply.
For example, if the injured person is under 18, the time limit is paused. It recommences from the date of their 18th birthday. Alternatively while it’s paused, the courts can appoint a litigation friend to start a claim on their behalf. If no claim is made on their behalf by the time they turn 18, the injured person will be able to make their own claim. They will have three years to do so from their 18th birthday.
For more information on the other exceptions that could apply to the time limit, please get in touch with an advisor on the number above. They an also advise whether you are within the limitation period to begin a personal injury claim against an untraced driver.
If you are eligible to pursue a personal injury claim after being injured in a road traffic accident with an untraced driver, you might benefit from working with a No Win No Fee solicitor from our panel. They can offer you a Conditional Fee Agreement (CFA) which typically means:
- There are no upfront or ongoing costs that need to be paid for the work your solicitor does on your case.
- You don’t need to pay for their services if your claim has an unsuccessful outcome.
- If you claim is successful, you will pay a success fee to your solicitor from your compensation. However, this has a legal cap which restricts how much they can take.
If you would like to work with a personal injury solicitor from our panel on this basis, please speak with an advisor. After a free case assessment, they could connect you with a solicitor who has experience handling claims made through the MIB, provided you have legitimate grounds to seek compensation.
Alternatively, if you have any other questions regarding the process of beginning a claim against an untraced driver, including whether you’re eligible and how long you have to do so, an advisor can help.
To reach them, you can:
- Call for free on 0113 460 1216
- Learn more about making a claim by filling out our form.
- Use the live chat feature below to ask a question.
For more of our helpful guides relating to road traffic accident claims:
- A helpful guide exploring the different types of personal injury claims.
- Learn whether you could make a claim for a back injury following a car accident.
- Find out more about car injury claim payouts.
- Making A Claim After An Car Accident With An Uninsured Driver
For more helpful resources:
- NHS – When to call 999
- Metropolitan Police – Report a road traffic incident
- Think! – Advice for road users
We hope this guide has helped you understand when you could be eligible to begin a personal injury claim against an untraced driver who breached their duty of care and caused you harm. However, if you have any other questions, please contact an advisor using the number above.
Writer Jeff Wallow
Editor Meg McConnell