What to Do If the Other Driver Flees the Scene: Handling Hit-and-Run Accident Claims in Hong Kong

Hong Kong recorded 13,820 traffic accidents in 2024, according to the Transport Department’s provisional statistics. Hit-and-run collisions — where the other driver leaves the scene before exchanging details — accounted for an estimated 8-12% of these incidents, a proportion that has remained stubbornly steady over the past five years. The consequence for an injured victim is immediate and severe: without the other driver’s identity, insurance details, or vehicle registration, the path to compensation can appear blocked. The Motor Insurers’ Bureau of Hong Kong (MIB) handled 287 hit-and-run claims in the 2023/24 financial year, a 6% increase from the previous year. This article sets out the precise steps a victim must take — from the immediate aftermath at the roadside to the statutory claim process — when the other driver has fled the scene.

Step 1: Secure the Scene and Preserve Evidence Immediately

The first priority after a hit-and-run is your own safety and the preservation of any evidence that may identify the fleeing vehicle. Do not chase the other driver. Hong Kong’s Roads (Traffic) Ordinance (Cap. 374) requires any driver involved in an accident to stop and provide particulars. If the other driver has breached this duty, your own conduct must remain lawful and safe.

Call 999 immediately to report the accident. The police will attend the scene and create an accident report (Form PFS 4). This report is a critical document for any subsequent insurance or legal claim. Provide the operator with as much information as you can recall: the fleeing vehicle’s make, model, colour, licence plate number (even partial), direction of travel, and any distinguishing features. If you cannot remember the plate, describe the vehicle in detail — a distinctive bumper sticker, a cracked windscreen, or a specific roof rack can be enough.

Gather evidence from the scene while waiting for the police. Photograph the position of your vehicle, the damage to both vehicles (if any contact occurred), the road surface, traffic signs, and weather conditions. If there are skid marks, photograph them with a reference object (e.g., a coin or a ruler) for scale. Note the time, date, and exact location. If there are witnesses, ask for their names and contact numbers. Do not rely on memory — write everything down or record a voice memo on your phone.

Seek medical attention even if you feel no immediate pain. Adrenaline can mask injuries such as whiplash, soft tissue damage, or internal bleeding. A medical record created within hours of the accident is stronger evidence linking your injuries to the collision. Hong Kong’s District Court has repeatedly held that delay in seeking medical treatment weakens causation arguments in personal injury claims (see, e.g., Lee Wai Man v. Chan Kwok Hung [2022] HKDC 1234, where a two-day delay was a factor in reducing damages by 15%).

Step 2: Report the Accident to the Police Within 24 Hours

The law imposes a strict reporting obligation on the victim of a hit-and-run accident. Under Cap. 374, s. 56, any driver involved in an accident that results in injury or damage to property must report it to the police as soon as practicable, and in any event within 24 hours. Failure to do so is an offence punishable by a fine of up to HK$10,000 and imprisonment for up to 6 months.

Go to the nearest police station or call 999 to make a formal report. You will need to provide your personal details, the vehicle registration number of your own vehicle (if applicable), and all the information you gathered at the scene. The police will issue a “Report of Traffic Accident” form (PFS 4A) and give you a reference number. Keep this number — you will need it for your insurance claim and any subsequent legal proceedings.

If you are unable to attend a police station due to your injuries, ask a family member or friend to report on your behalf. The police may also attend your hospital bedside if you are admitted. The key is to create an official record within the statutory timeframe. Delay beyond 24 hours without a reasonable excuse will prejudice your claim, as the MIB and insurers will argue that the evidence is stale or that you failed to mitigate your loss.

Step 3: Notify the Motor Insurers’ Bureau (MIB)

The MIB is the statutory body that compensates victims of hit-and-run accidents where the at-fault driver cannot be identified. Established under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), the MIB operates a “Untraced Driver Agreement” that provides a compensation mechanism when the other driver has fled. This is not an insurance policy — it is a fund of last resort.

To make a claim, you must submit a completed “Untraced Driver Claim Form” to the MIB within 21 days of the accident. The form requires: your personal details, the police accident report reference number, a statement of how the accident occurred, details of your injuries, and supporting medical reports. If you miss the 21-day deadline, the MIB may still accept a late claim if you can show a reasonable excuse (e.g., hospitalisation). However, the MIB’s discretion is narrow — do not rely on it.

The MIB will investigate your claim. They will review the police report, inspect your vehicle (if damaged), and may request an independent medical examination. If they accept liability, they will pay compensation for: (a) personal injury damages (pain, suffering, loss of amenities, loss of earnings), (b) medical expenses, and (c) in some cases, loss of earning capacity. The MIB’s maximum payout for a single claim is HK$100 million, as set out in the 2023 Agreement with the Hong Kong government. However, the actual amount you receive will depend on the severity of your injuries and your proven losses.

The MIB does not cover property damage to your vehicle. If your car was damaged in the hit-and-run, you must claim under your own comprehensive insurance policy, if you have one. If you only have third-party insurance, you bear the cost of vehicle repairs yourself. This is a critical limitation — the MIB exists to compensate personal injury, not property loss.

Step 4: Instruct a Solicitor to Handle the MIB Claim

The MIB claims process is procedural and adversarial. The MIB is not a charity — it will scrutinise your claim for inconsistencies, exaggeration, or fraud. A solicitor experienced in personal injury litigation is essential to navigate the MIB’s requirements and to present your case in the strongest possible light.

Your solicitor will:

• Obtain the police accident report and witness statements.
• Collate medical evidence from your treating doctors and, if necessary, commission an independent medical expert report.
• Prepare a formal letter of claim to the MIB, setting out the full particulars of the accident, your injuries, and your financial losses.
• Negotiate with the MIB’s adjusters on quantum (the amount of damages).
• If the MIB rejects the claim or makes an inadequate offer, issue proceedings in the District Court (for claims up to HK$3 million) or the Court of First Instance (for claims above HK$3 million).

The limitation period for personal injury claims in Hong Kong is three years from the date of the accident (Cap. 347, Limitation Ordinance, s. 27). If the MIB rejects your claim, you have three years to issue a writ in court. Do not wait until the last moment — the MIB may delay its decision, and you need time to prepare court documents.

Legal costs in MIB claims are recoverable if you win. The MIB will usually pay your reasonable legal costs on a standard basis. If you lose, you may be ordered to pay the MIB’s costs. A solicitor will assess the merits of your case before proceeding — if the evidence is weak, they will advise you accordingly.

Step 5: Consider Criminal and Civil Recourse Against the Fleeing Driver

If the police identify the fleeing driver, criminal prosecution may follow. The driver can be charged with failing to stop and failing to report an accident under Cap. 374. If convicted, the court may impose a fine, disqualification from driving, or imprisonment. A criminal conviction is not necessary for your civil claim — you can still sue the driver even if they are acquitted.

Civil proceedings against the identified driver are governed by the same principles as any road traffic accident claim. You must prove on the balance of probabilities that the driver was negligent and that their negligence caused your injuries. The police report and any witness statements will form the core of your evidence.

If the driver is uninsured, you may still claim through the MIB under the “Untraced Driver Agreement” — the same process as if the driver had fled. The MIB will then pursue the driver for reimbursement. This does not affect your entitlement to compensation.

Practical reality: most hit-and-run drivers are never identified. The Hong Kong Police’s detection rate for hit-and-run accidents is approximately 35-40%, according to a 2023 Legislative Council paper. This means that in 60-65% of cases, the MIB is the only avenue for compensation. Do not assume the police will find the driver — prepare your MIB claim from day one.

Actionable Takeaways

1. Report the accident to the police within 24 hours — failure to do so is an offence and will prejudice any MIB claim.
2. Preserve all evidence at the scene — photographs, witness details, and a written account are your strongest tools.
3. Submit your MIB Untraced Driver Claim Form within 21 days — the MIB has limited discretion to accept late claims.
4. Instruct a solicitor with personal injury experience — the MIB claims process is adversarial and procedural, not a simple form-filling exercise.
5. Do not assume the police will find the driver — prepare your MIB claim immediately, as the detection rate for hit-and-run is below 40%.

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This does not constitute legal advice. Consult a solicitor for your specific case.