The hit-and-run driver can't be found. Can I still get compensation?

What the Law Says

EU law requires all Member States to ensure victims of hit-and-run accidents receive fair compensation—even when the responsible driver cannot be identified. This obligation stems from the Third and Fourth Motor Insurance Directives, implemented nationally.

The Fourth Motor Insurance Directive (2009/103/EC) mandates that each EU country establish a 'compensation body'—usually the national Motor Insurers' Bureau (MIB)—to pay victims of uninsured or untraced drivers. This includes hit-and-run cases where the driver flees and remains unidentified.

Article 1(4) defines 'untraced driver' as one whose identity 'cannot be established', triggering the compensation body’s duty to step in. National laws must guarantee 'at least the same protection' as provided for insured drivers.

Compensation covers personal injury and, in many countries, property damage—but minimum thresholds and time limits vary by Member State. Victims do not need to prove fault against the unknown driver.

Statutory Text

Each Member State shall ensure that a body is designated which will, in accordance with the provisions laid down by national law, compensate victims of accidents caused by unidentified or uninsured vehicles.

— Directive 2009/103/EC, Art. 1(4) — Compensation for victims of untraced/uninsured drivers

Statutory Text

The compensation provided shall be at least equal to that which would have been provided had the vehicle causing the accident been insured.

— Directive 2009/103/EC, Art. 1(5) — Equal protection standard

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