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Being injured in a collision and then discovering that the responsible driver has left can cause anger, shock and uncertainty. Even if Police Scotland never identifies the driver, you can still pursue compensation through the Motor Insurers’ Bureau (MIB). Transport Scotland’s 2025 road casualty figures record 5,535 road casualties in Scotland, including 1,906 people who suffered serious injuries.
Although these figures cover all reported road collisions, rather than just hit-and-run accidents, they show how many people require support after being injured on Scotland’s roads.
Our role is to manage the legal strategy of your hit-and-run accident claim from start to finish. We work alongside a team of specialist personal injury solicitors whose experience matches your case, and we keep you informed while you focus on treatment and rehabilitation.
Eligible cases can be handled under a No Win, No Fee agreement. This allows you to begin an injury claim without upfront legal costs, with any success fee explained before work begins.
What is a hit-and-run accident?
A hit-and-run is when a driver is involved in a crash and leaves without stopping to give their name, address, or insurance details. If the driver cannot be found, we help you make an untraced driver claim through the Motor Insurers’ Bureau (MIB).
Under section 170 of the Road Traffic Act 1988, a driver must stop after certain accidents involving personal injury or property damage. When requested by someone with reasonable grounds, the driver must provide their name and address, the vehicle owner’s details and the vehicle’s identification marks.
Where someone has been injured, the driver must also produce evidence of valid car insurance or report the accident and provide that evidence to the police. Where section 170 applies, and the required information is not provided at the scene, the driver must report the collision as soon as reasonably practicable and within 24 hours.
Leaving without stopping or failing to report the accident is a criminal offence when these legal duties apply. Police Scotland can investigate the driver for failing to stop, failing to report, and any separate driving offence connected with the collision.
An untraced driver is different from an uninsured driver. An untraced driver cannot be identified, while an uninsured driver has been found but does not have valid car insurance. Different legal routes apply when an uninsured or unknown driver was involved in the collision.
A claim does not always require physical contact. For example, if an unidentified driver forces you off the road or causes you to swerve into a barrier, you can still claim even if the vehicles never touched. We use CCTV, dashcam footage and witness accounts to show how the other driver caused the crash.
What should I do if I've been involved in a hit-and-run accident?
After a hit-and-run, you may feel shaken and unsure what to do first. Start with your safety and medical care. Once you are out of danger, gather whatever information you can without putting yourself at risk.
At the scene:
- Move away from traffic and call 999 if anyone is badly hurt or the road is unsafe. Do not chase the other driver.
- Try to remember the vehicle’s registration number, colour, make and model. Jot down which way it went and anything you noticed about the driver.
- Take photos of the damage and the wider scene. Include debris, road conditions and any tyre marks that could help explain what happened.
- Ask witnesses for their names and contact details. A short note about where they were standing can also be useful later.
- Report the crash to Police Scotland and ask for a crime reference number. If you were driving and could not exchange details with the other driver, report it within 24 hours.
- Get checked by a medical professional. Call an ambulance or go to A&E for urgent injuries. Even if you feel reasonably well, speak to your GP because concussion, whiplash and soft-tissue injuries can take time to appear.
- Save the original dash cam recording and make a backup. Check nearby homes, shops, buses and car parks for CCTV before the footage is deleted or recorded over.
Over the next few days:
- Tell your insurer what happened and follow the reporting steps in your policy. Keep your policy number and copies of any emails or letters.
- Start a folder for your medical notes, repair quotes, wage records and receipts. These documents help us work out how the accident has affected you financially.
Try to keep details of the accident and your recovery off social media. The MIB and insurers can view public posts when checking a claim.
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How to claim if the driver is never found: The MIB
The Motor Insurers’ Bureau is a not-for-profit organisation that compensates eligible victims of uninsured and unidentified motorists. It receives funding through compulsory levies paid by motor insurers, with the cost ultimately reflected in motorists’ premiums.
Claims against unidentified drivers are handled under the MIB Untraced Drivers’ Agreement. If Police Scotland identifies the driver but discovers that no valid insurance existed, the claim is handled under the Uninsured Drivers’ Agreement.
An MIB claim still requires evidence of negligence. To receive compensation, you must establish on the balance of probabilities that the unidentified motorist caused the accident and would have been legally liable if identified.
Your solicitor manages each stage of the claim, including:
- Confirming whether the Untraced Drivers’ Agreement applies.
- Preparing and submitting the MIB claim form.
- Obtaining police, witness and video evidence.
- Collecting medical records and arranging an independent medical assessment.
- Calculating your injuries, expenses and financial losses.
- Responding to questions raised during the MIB investigation.
- Reviewing the MIB’s decision and advising on an appeal where necessary.
HD Claims manages the legal strategy alongside specialist road accident solicitors for untraced driver claims. We coordinate the evidence, medical assessment and valuation so that the claim reflects both your injuries and their financial consequences.
Reporting to Police Scotland
Report the collision to Police Scotland immediately. Contacting the police straight away creates an independent record, gives officers the best chance to trace the fleeing vehicle, and provides the crime reference number you will need for your claim.
If you were driving when the collision occurred, the law requires you to report the accident as soon as reasonably practicable and no later than 24 hours after the event. Please note that notifying your insurer does not count as reporting the accident to the police.
Pedestrians, passengers, cyclists and other non-driving victims should also report the accident promptly. Although the statutory driver-reporting duty does not apply to them in the same way, the police record is important evidence for an MIB claim.
The Untraced Drivers’ Agreement requires you to cooperate fully with the MIB’s investigation. While you should always report a hit-and-run to the police immediately, if you have not done so, the MIB has the right to demand that you report the incident to the police as a condition of your claim. You must comply with this request as quickly as possible and assist with any further enquiries.
When reporting the accident, provide:
- The time and exact location.
- The fleeing vehicle’s registration, make, model and colour.
- A description of the driver.
- The direction in which the vehicle travelled.
- Witness details and available camera footage.
- Information about injuries or damaged property.
Keep the crime reference number and the name or identification number of the officer dealing with the report. If you provide further evidence later, retain a copy and record when it was submitted.
Who can make a hit-and-run claim?
Drivers, passengers and vulnerable road users can claim when the evidence shows that an unidentified or uninsured motorist caused the accident.
Those who can claim include:
- Drivers injured when another vehicle struck them and left the scene.
- Passengers travelling in a car, taxi, bus or another vehicle.
- A pedestrian hit by an unidentified driver, including someone struck on a pedestrian crossing.
- Cyclists forced from the road or knocked from their bicycles.
- Motorcyclists injured by a driver who failed to stop.
- People injured in a single-car collision after swerving to avoid a phantom driver.
- Eligible relatives and representatives claiming after a fatal accident.
- Owners of property that qualifies for compensation under the relevant MIB Agreement.
A hit-and-run car accident claim does not depend on the fleeing vehicle striking you directly. A cyclist who enters a ditch to avoid an oncoming car can claim if the evidence connects the unidentified vehicle to the accident.
Passengers in the fleeing vehicle can face additional restrictions. The MIB can reject a passenger claim where it proves that the passenger knew, or had reason to believe, that the vehicle was stolen or being driven without valid insurance.
Children can also claim compensation. For most injured children in Scotland, the three-year limitation period does not begin until their 16th birthday, and additional safeguards apply before a settlement can be finalised.
Where an accident causes a fatal injury, the deceased person’s executor and qualifying relatives can pursue the claims available under Scots law. The compensation available depends on the claimant’s relationship with the deceased and the financial or personal loss suffered.
Making A Personal Injury Claim In Scotland
Our panel of experienced personal injury lawyers excel in handling cases against well-funded insurance companies.
Our specialised injury lawyers will assist you with your claim, keep you informed throughout the whole process, and provide you with legal advice that is easy to understand.
01
Get In Touch.
Tell us your story, we're here to listen and provide you with an initial assessment based on your circumstances.
02
We’ll Prepare Your Claim.
We'll be by your side to take care of the legal process. We'll keep you informed of every step of the way.
03
Receive Compensation.
If your claim is successful, we'll ensure that you get your compensation as soon as possible.
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What are the most common injuries in a hit-and-run accident?
Common injuries include:
- Whiplash and soft-tissue damage: Sudden movement of the head can damage muscles, ligaments and tendons in the neck, shoulders or upper back. Our guide to whiplash claims in Scotland explains the medical evidence used to assess these injuries.
- Fractures and broken bones: Arms, wrists, ribs, legs and hips are vulnerable during road collisions. Some fractures require surgery and months of rehabilitation.
- Head and brain injuries: Concussion, skull fractures and traumatic brain injuries can cause headaches, fatigue, memory problems and changes in behaviour. Symptoms are not always obvious immediately after the accident.
- Spinal cord and neck injuries: These range from painful disc damage to paralysis and a permanent loss of independence.
- Severe limb injuries: Crush damage can require repeated surgery and may result in amputation or loss of function. A serious injury caused by a driver who fled can also create substantial care, rehabilitation and accommodation costs.
- Psychological trauma: Anxiety, nightmares, fear of travelling and post-traumatic stress disorder can follow a hit-and-run collision. A diagnosed psychological injury can form part of the compensation claim.
Medical records should document when the symptoms began, the treatment received and the effect on daily life. We also arrange evidence from an independent medical expert to assess the injury, expected recovery and any future treatment needs.
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Calculating your compensation under Scots Law
The value of a claim depends on the injury, recovery period and supporting medical evidence. We also calculate the effect on your earnings, independence and future care needs.
Scottish compensation is divided into two main parts of a claim: solatium and patrimonial loss.
Solatium
Solatium compensates you for physical pain, suffering and loss of amenity. Loss of amenity covers the effect the injury has on ordinary activities, including family responsibilities, driving, exercise and hobbies.
Psychological trauma can also form part of solatium. The valuation considers the diagnosis, severity of the symptoms, recovery period and need for further treatment.
Patrimonial loss
Patrimonial loss covers the financial consequences of the accident. Your solicitor calculates the financial losses already incurred and any expenses or loss of income expected in the future.
A claim can include:
- Past loss of earnings.
- Future loss of income and employment benefits.
- Lost pension contributions.
- Medical expenses and private treatment.
- Rehabilitation and therapy costs.
- Paid care and assistance provided by relatives.
- Travel expenses connected with treatment.
- Damaged clothing and personal equipment.
- Temporary or adapted accommodation.
- Vehicle-related losses permitted under the relevant MIB Agreement.
Your solicitor uses wage records, tax returns, invoices, care assessments and expert reports to support these financial losses. Future expenses require careful calculation because a final settlement normally prevents the claimant from returning for further compensation.
When the MIB accepts entitlement in principle, we assess whether an interim payment can be requested. An interim payment can help meet urgent rehabilitation, care or income needs before the final value of the claim is agreed.
However, a finding of contributory negligence can reduce the compensation awarded. For example, the MIB may apply a percentage reduction if the evidence shows that the injured person’s actions contributed to the accident or the severity of the injuries.
FAQs About Hit And Run Accident Claims
Can I claim if I have no witnesses to the hit and run?
Yes. A lack of witnesses does not automatically prevent a claim. The MIB assesses the police report, CCTV, dashcam footage, vehicle damage, medical evidence, and the consistency of your account.
How long do I have to make a hit-and-run claim in Scotland?
A Scottish personal injury claim must generally be raised within three years of the accident. Different rules apply to children, people who lack legal capacity, and cases where the injured person could not reasonably have known about the injury immediately. Begin the MIB claim well before the limitation date because evidence can disappear and investigations take time.
Does it cost money to submit an MIB hit-and-run claim?
The MIB does not charge an application fee for submitting its claim form. Eligible cases can be handled under a No Win, No Fee agreement, which means you pay no upfront legal fees. Under Scots law, the success fee that can be deducted from your compensation is strictly capped on a sliding scale: a maximum of 20% on the first £100,000 of damages, 10% on the next £400,000, and 2.5% on amounts above £500,000. We will explain the exact percentage that applies to your case, along with any insurance premium or permitted deduction, before any work begins.
Can I claim for damage to my car if the driver is untraced?
It depends on whether anyone was injured in the same accident. The MIB can include vehicle damage as part of a personal injury claim, but a £400 excess applies to the property element.
If nobody was injured and the driver was never found, the MIB will not normally cover your vehicle damage. In that situation, your own comprehensive motor insurance policy may be your best option. We can advise you on which route applies to your circumstances.
What happens if Police Scotland later finds the driver?
Your solicitor will review the driver’s insurance position and move the claim to the correct legal route. If the driver has valid insurance, the claim can proceed against that insurer. If the driver is uninsured, your claim is pursued under the MIB Uninsured Drivers’ Agreement.
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