Hit and Run by the Other Driver: What Claims You Still Have
The other driver simply drives away – a nightmare, but not a legal dead end. Even in a hit-and-run situation, there are ways to obtain compensation.
Immediate steps
Call the police and file a report (hit and run is a criminal offence, Section 142 of the German Criminal Code). Write down everything you remember: registration number (even partial), vehicle type, colour, direction of travel. Speak to possible witnesses right away and secure their contact details. Photograph the damage and any paint traces – these can often help identify the vehicle responsible.
If the offender is identified
If the person responsible is found, the claim is settled as usual through their liability insurer – and they also face criminal consequences. As the injured party, you can have a lawyer review the investigation file and use the evidence it contains to support your claims.
If the offender remains unknown: the Verkehrsopferhilfe
If the person responsible cannot be traced, the compensation fund of the German traffic victims' fund (Verkehrsopferhilfe e.V.) may step in under certain conditions. It primarily covers personal injury; damage to the vehicle is covered only to a limited extent (with an excess, and only if there is also significant personal injury). The fund also helps in accidents involving uninsured vehicles.
Check your own insurance policies
Comprehensive cover, driver-protection insurance or accident insurance can close gaps. We examine which claims exist in your specific situation and assert them.
Key court decisions
- Section 142 of the German Criminal Code (Unauthorised leaving the scene of an accident)
Hit and run is a criminal offence – punishable by a fine or up to three years' imprisonment; a driving ban or revocation of the driving licence regularly follows as well. - Section 12 PflVG (Compensation fund)
The legal basis for the Verkehrsopferhilfe: compensation for accidents involving vehicles that cannot be identified or are uninsured – primarily for personal injury.
Had an accident? We examine your claims.
We examine your claims and handle the entire process with the insurer – in a no-fault accident, the other party's liability insurer as a rule covers the legal fees.
This article is for general information only and does not replace individual legal advice. As of: July 2026. All cited decisions are publicly accessible (among others at bundesgerichtshof.de).