1. How do I make a claim?

2. What can I claim for?

3. Are there any circumstances when I cannot make a claim?

4. Are my personal details secure?

5. Will I have to bear any of the losses myself?

6. What information do I need before I can make a claim?

7. What happens after I notify a claim?

8. What if the hit and run driver is from another country?

9. Does the accident have to have happened in England and Wales?

10. How long will my claim take?

11. Is there a time limit on making a claim?

12. I did not suffer any physical injuries but mental only, can I still make a claim?

13. How is the compensation calculated?

14. What type of losses in addition to the physical injuries can I claim for?

15. Who pays for the costs in representing me?

16. Will the receipt of damages affect my state benefits?

17. Why should I choose TMS Legal Solutions to represent me?

18. Will I have to go to court?

19. Will I need to see a private Doctor?

20. How often will I receive an update on my claim?

21. Will the uninsured motorist get away without paying?


1. How do I make a claim?

Simply call our number (24 hour 7 days a week) on 0845 202 4532 or fill out our online claim form for totally confidential, no obligation, expert advice. Within 24 hours we will advise you fully on the likely success of your personal injury claim and the best way to proceed. If you prefer tell us your number and the best time to call and we will call you back.

2. What can I claim for?

Every case is different and the value of any claim will depend on the circumstances and the extent of your injuries - both physical and psychological. TMS Legal will be able to advise you of the level of compensation you are likely to receive for your particular case. With MIB claims there are a number of exceptions which are set out in detail in the MIB agreement which are regulated to a European standard.

Personal injury compensation claims will normally be split into two parts.

General Damages: to compensate for the pain and suffering of your injury, both the initial injury and any ongoing suffering or disability; loss of amenity or enjoyment of life; and for any disadvantage in the labour market caused by permanent injury.

The figure awarded can vary dependent on factors such as the severity of your injuries, your gender and age. It is not an exact science, hence the term 'general', and will either be agreed by negotiation or awarded by a judge.

Special Damages: to compensate for all other losses, where an exact figure is known and can be supported by documentation to prove the loss.

These losses may include :::


  • Loss of past and future earnings
  • Damage to property and possessions
  • Vehicle damage
  • Prescriptions, medical fees and therapy
  • Care and assistance for household chores
  • Special care aids and equipment
  • Adapted accommodation and transport
  • Travel expenses
  • Out of pocket expenses


    3. Are there any circumstances when I cannot make a claim?

    The accident must have been the responsibility of the uninsured/untraced vehicle. Therefore, if you are responsible for the accident you cannot claim but you may claim for the appropriate percentage if liability is apportioned.

    There are also some other exceptions, including:

  • Only accidents in a public place are covered.
  • Generally passengers who knew or ought to have known that the vehicle they were travelling in was uninsured or stolen cannot claim.

    4. Are my personal details secure?

    Yes, they most certainly are. Please view our privacy policy. Security of your personal details and documents is essential and we can assure you of total confidentiality.

    5. Will I have to bear any of the losses myself?

    In cases of bodily injury there is no financial limit to the level of compensation. But in the case of property damage, the MIB does not pay the first £300 and there is an upper limit for property damage of £250,000.

    Compensation for damage to property is limited to accidents on or after 14 February 2003 but only if the accident is reported to the police within 5 days, or as soon as reasonably possible.

    However, you can only recover for vehicle damage in a hit and run accident when the other vehicle is identified or traced and even then a £300 excess is applied.

    6. What information do I need before I can make a claim?
  • Where possible try to secure details of the registration number of the vehicle which hit you. Also make a note of the model and colour of the vehicle and any distinguishing features of the driver e.g. gender, age, height etc. The MIB will request these details although it is not essential to have them. In some cases you will be unable to provide any such details.


  • Report the accident to the police as soon as possible. Ask the police to provide you with a reference number to evidence the fact that you have reported the accident. It is also useful to make a note of the name, badge number and station of the police officer you reported the matter to.

  • Visit a hospital or your GP as soon as possible so that an official record is made of your injuries.

  • Where possible obtain details of any independent witnesses and keep a record of their contact details.

  • It is helpful if you can take photographs of any damage caused to your vehicle. You should also obtain a repair estimate.

    7. What happens after I notify a claim?

    The MIB will make their own immediate enquiries to establish if there is any insurance on the vehicle. They generally appoint an agent who will investigate matters on their behalf and as part of that process may need to see you and any of your witnesses to discuss the accident circumstances and take a statement.

    8. What if the hit and run driver is from another country?

    This does not matter. You have the same rights as if the other driver was a UK resident.

    9. Does the accident have to have happened in England and Wales?


    No it does not. If your hit and run accident happened abroad in another European country you are entitled to have your claim handled in the UK (in English, as distinct from the language of the country where the accident happened).

    10. How long will my claim take?

    This depends on how complicated your case is. Most cases are settled within a matter of months. A few, very complicated cases, involving complex issues that might take quite a bit longer to resolve, can take a year or more. TMS Legal will be able to advise you at the outset as to the likely timescale for resolution of your claim.

    11. Is there a time limit on making a claim?

    Claims for compensation must be made within certain time limits. Most cases must be brought within three years from the date of the accident or injury but certain exceptions apply:

  • When a child has been injured, the three years start to run from their 18th birthday.

  • Criminal injury matters have a time limit of two years.

  • Claims involving accidents abroad may have different limitation periods.

    12. I did not suffer any physical injuries but mental only, can I still make a claim?

    Yes you can, subject to conditions. The illness must be a recognised psychiatric or psychological illness and be closely linked to your accident circumstances. Please contact us in order that we can investigate it further and confirm if you have a valid claim.

    13. How is the compensation calculated?

    The compensation is calculated using the same principles used for calculating any other type of personal injury case. The award for the injury follows the same guidelines and case law used by judges when assessing compensation in the courts.


    14. What type of losses in addition to the physical injuries can I claim for?

    Basically you can claim for all losses which are a reasonable and foreseeable consequence of the accident. It is important that you keep where possible receipts and documentary evidence to support these losses.

    Common claims for losses in addition to the physical injuries include the following:


  • Loss of past and future earnings
  • Damage to property and possessions
  • Vehicle damage
  • Prescriptions, medical fees and therapy
  • Care and assistance for household chores
  • Special care aids and equipment
  • Adapted accommodation and transport
  • Travel expenses
  • Out of pocket expenses


    15. Who pays for the costs in representing me?

    In most claims for personal injury where you bring a successful claim for damages the majority of your legal costs and expenses are recovered from the responsible party and/or their insurers. This general rule will also apply to claims against uninsured motorists where they have been identified.

    Claims under the MIB Untraced Drivers Agreement are very different. There is no entitlement to the recovery of legal costs apart from a small contribution the MIB will make towards them. Therefore the only way for us to receive payment for our services is through our contingency fee agreement. Please see "How much will it cost?" for further information.

    16. Will the receipt of damages affect my state benefits?

    This is a very complicated area and one where there is no substitute for expert advice. Generally speaking, the MIB scheme provides for all awards to be reduced by the amount of any social security benefits, other state benefits made by way of compensation for your losses. The only exception is in respect of the award for your actual injuries which is ring fenced from deduction subject to a few exceptions. If this is an area which affects you please talk to us for further advice.

    17. Why should I choose TMS Legal Solutions to represent me?

    The HIT AND RUN.co.uk service is delivered exclusively by TMS Legal Solutions Limited a company who specialise in handling MIB claims. We are regulated by the Ministry of Justice in respect of regulated claims management activities.

    We are a modern, friendly, helpful organisation.Our headquarters are in Southampton, but we provide a national service and represent victims of hit and run accidents all over the UK. We will represent you and guide you through the claims process from start to finish. We'll seek to ensure that you receive the maximum compensation in the quickest time possible.

    Service and satisfaction is of paramount importance to us. We use plain English. We listen and respond sensitively to your needs. You benefit from our experience and knowledge because we specialise in handling MIB injury claims and have successfully handled many other claims like yours for other clients we have represented.

    Our service is totally risk free service and we believe in being open and transparent.

    TMS Legal aims to continually exceed your expectations through our expert knowledge and innovative systems and procedures.

    18. Will I have to go to court?

    With MIB untraced claims there is no recognised defendant and therefore there is nobody to take to court. Cases are dealt with via the MIB's claims representatives. In the event of an appeal there is an arbitration procedure where an arbitrator is selected from a panel of independent QC's to adjudicate.

    This is very rare and very unlikely to happen in your case.
    With MIB uninsured claims a court process can apply. However, no insurer wants to waste time and money in court defending a hopeless case. The facts about who was at fault in any given case are usually fairly clear and more than 95% of cases are settled without going to court.

    The costs involved in litigation are incredibly high and in cases of overwhelming evidence, it is highly unlikely that the defendant will risk a court hearing and consequential costs.

    19. Will I need to see a private Doctor?

    Most personal injury claims require a medical report to officially detail your injuries and how they have specifically affected you. This report is used to calculate your general damages claim to compensate for pain, suffering and loss of amenity.

    TMS Legal will organise the medical report for you through our established network of consultants, who are specialists in your type of injury and experienced in making such reports.

    You will not need to pay - TMS Legal will arrange the funding for your medical report.

    20. How often will I receive an update on my claim?

    We will update you on a regular basis and keep you fully informed of all material developments. We are happy to communicate with you by post, telephone or email - basically whichever way you prefer to be contacted.

    21. Will the uninsured motorist get away without paying?

    In the case of an untraced motorist clearly no recovery can be made at all as they cannot be found. However in the case of uninsured motorists the MIB will meet your claim and can then look to the offending motorist for payment who is legally obliged to pay.