"The driver fled. That doesn't end your claim — the Motor Insurers' Bureau pays when the offender vanishes. Most people don't know that."
100% free · No obligation · No win, no fee
If you're hit by a driver who flees the scene in Scotland, you are not without a remedy. The Motor Insurers' Bureau (MIB) operates two schemes — the Untraced Drivers Agreement and the Uninsured Drivers Agreement — that compensate victims of drivers who cannot be identified or who carry no insurance.
Scotland operates under Scots law (separate from English law) and does NOT apply the 2021 whiplash tariff. Every claim is individually assessed by a Scottish solicitor and processed through the Sheriff Court system, meaning compensation is typically 2–5x higher than for an identical injury in England.
Time limits are tighter than standard claims (you must report to Police Scotland promptly), so contact a solicitor as soon as possible.
Liability is the central question in any Scottish claim. Here are the most common scenarios for hit and run cases:
Fault is presumed against any driver who fails to stop after a personal-injury accident — a criminal offence under the Road Traffic Act 1988.
Compensation is paid from the MIB Untraced Drivers fund, financed by a levy on all UK motor insurers.
Scottish claims are individually assessed — there is NO whiplash tariff cap. These ranges reflect actual settlements and Sheriff Court awards.
| Injury type | Compensation range |
|---|---|
| Minor whiplash (under 3 months) | £1,000 – £3,000 |
| Moderate whiplash (6–12 months) | £5,000 – £10,000 |
| Significant neck/back injury (12–18 months) | £8,000 – £18,000 |
| Severe back / disc damage | £15,000 – £45,000 |
| Concussion / mild brain injury | £3,000 – £15,000 |
| Moderate brain injury | £45,000 – £150,000 |
| Broken bones (wrist/arm/leg) | £8,000 – £35,000 |
| Facial scarring | £3,500 – £40,000 |
| PTSD / anxiety after accident | £4,000 – £55,000 |
The strongest claims start with the cleanest evidence. Gather these as soon as possible:
Yes. The Motor Insurers' Bureau (MIB) Untraced Drivers Agreement compensates victims even when the offender cannot be found. You must report to Police Scotland and pursue the claim within the MIB's timescales.
No — that's the whole point of the MIB scheme. As long as you reported promptly to Police Scotland and made reasonable attempts to identify the driver, you can claim.
Still useful. Police Scotland and your solicitor can use partials, dashcam, CCTV and witness statements to narrow the search. Even if unsuccessful, the MIB Untraced scheme still pays.
✓ Scotland · Scots Law · ✓ No Whiplash Cap · ✓ No Win No Fee
Free, anonymous, and based on Scots-law guideline brackets.
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