Yes, you can still claim compensation after a hit and run accident in Scotland, even if the driver is never identified. Claims are made through the Motor Insurers' Bureau (MIB), which compensates victims of untraced and uninsured drivers. You should report the accident to the police within 14 days.
What Is a Hit and Run Accident?
A hit and run occurs when a driver causes an accident and leaves the scene without stopping, exchanging details, or reporting the incident. This is a criminal offence in Scotland and can result in prosecution.
Hit and run victims include other drivers, passengers, cyclists, and pedestrians. Many victims wrongly believe they cannot claim compensation because the driver fled — but the law provides a route to claim.
Can I Still Claim Compensation After a Hit and Run?
Yes. Even if the driver is never found, you can claim compensation through the Motor Insurers' Bureau (MIB). The MIB was set up to ensure that victims of untraced and uninsured drivers are not left without compensation. Your solicitor will handle the MIB application process for you.
The Motor Insurers' Bureau (MIB)
The MIB operates two schemes relevant to hit and run victims:
Untraced Drivers Agreement — for cases where the driver who caused the accident cannot be identified
Uninsured Drivers Agreement — for cases where the driver is identified but has no insurance
Under the Untraced Drivers Agreement, the MIB assesses your claim and pays compensation directly. You must report the accident to the police within 14 days and apply to the MIB within 3 years.
How Much Compensation for a Hit and Run?
Compensation through the MIB is calculated the same way as any personal injury claim — based on the severity of your injuries and financial losses. However, property damage claims through the Untraced Drivers Agreement are subject to a £400 excess.
You can claim for pain and suffering, lost earnings, medical treatment, and rehabilitation costs.
What to Do After a Hit and Run
Try to note any details about the vehicle — registration, colour, make, model
Get witness contact details
Call the police and report the incident (within 14 days for MIB claims)
Take photos of the scene, your injuries, and any vehicle damage
Seek medical attention as soon as possible
Contact a solicitor who handles MIB claims
Last reviewed: 15 March 2026 by Personal Injury Claims Scotland
Car Accident Claim Scotland | No Win No Fee | Free Consultation
Injured in a car accident in Scotland? Our specialist personal injury solicitors will fight for your compensation — no win, no fee, 100% of your award.
Personal Injury Claims in Scotland
Our experienced personal injury lawyer team handles all types of car accident claims, whiplash injuries, motorcycle accidents, cyclist accidents, pedestrian accidents, hit and run claims, and uninsured driver claims across Scotland on a no win no fee basis.
What to Do After a Car Accident in Scotland
Been in a car accident in Scotland? Follow these steps to protect your health, your rights, and your compensation claim.
Step 1: Check for Injuries and Call 999
Your safety comes first. Check yourself and passengers for injuries. Call 999 immediately if anyone is hurt. Whiplash, soft tissue injuries, and concussion may not appear for 24–72 hours.
Step 2: Exchange Details
You are legally required to stop and exchange details: full name, address, phone number, vehicle registration, and insurance details.
Step 3: Gather Evidence at the Scene
Photograph vehicle damage, road layout, traffic signs, weather conditions, and skid marks. Save dashcam footage immediately. Collect witness names and phone numbers.
Step 4: Report the Accident
Report to Police Scotland if anyone is injured, the other driver fails to stop, or you suspect drink-driving. Report within 24 hours.
Step 5: See a Doctor
See your GP or A&E even if you feel fine. Whiplash, back pain, and psychological injuries like anxiety and PTSD often have delayed onset. A medical record strengthens your claim.
Step 6: Notify Your Insurer
Most policies require you to report any accident promptly. Stick to the facts, do not admit fault, and do not accept a quick settlement without legal advice.
Step 7: Contact a Solicitor
Get free, no-obligation advice from a Scottish personal injury solicitor. A good solicitor works on a no win no fee basis.
Scotland-Specific Considerations
Scotland has a 3-year time limit for personal injury claims (vs 2 years in England). There is no whiplash tariff cap in Scotland. Cases are heard in Scottish courts under Scots law. Under contributory negligence, your compensation is reduced proportionally rather than eliminated.
How Does a Personal Injury Claim Work?
Step 1: Free consultation — tell us about your accident. Step 2: We handle everything — evidence, medical reports, negotiations. Step 3: You receive your personal injury compensation.
Types of Accident Claims We Handle
We handle car accident claims, whiplash claims, motorcycle accidents, cyclist accidents, pedestrian accidents, hit and run claims, bus and taxi accidents, rear-end collisions, roundabout accidents, motorway accidents, and van/HGV accidents across Scotland.
Accident Claims Across Scotland
Our personal injury solicitors help people make accident claims in Glasgow, Edinburgh, Aberdeen, Dundee, Inverness, Stirling, Perth, Paisley, Livingston, Falkirk, Hamilton, and the Scottish Highlands.
Frequently Asked Questions
How long do I have to make a personal injury claim in Scotland?
You generally have three years from the date of the accident to start a personal injury claim in Scotland.
What does No Win No Fee mean?
No Win No Fee means you don't pay any legal fees unless your claim is successful. If we don't win, you owe nothing.
How much compensation could I receive?
Compensation depends on the type and severity of your injury, plus financial losses like lost wages or medical expenses.
Do I have to report a car accident to the police in Scotland?
You must report to Police Scotland if anyone is injured, if the other driver fails to stop, or if you cannot exchange details at the scene.
Can I still claim if the accident was partly my fault?
Yes. Under contributory negligence rules in Scotland, your compensation may be reduced by the percentage you were at fault, but you can still claim.
Should I see a doctor even if I feel fine after an accident?
Absolutely. Whiplash, soft tissue injuries, and concussion may not produce symptoms for hours or days. A prompt medical record strengthens your claim.
