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Hit and Run Accident Compensation Claims

Claimants initiate hit and run accident compensation claims when a negligent driver who struck their vehicle flees the scene without swapping personal contact or insurance details. If you have been involved in a road traffic accident after which a driver ran off you may be eligible to pursue injury compensation.

Drivers often flee the scene of a crash because they have broken the law by either not having car insurance or are otherwise ineligible to drive – possibly drunk – or because they want to escape responsibility for their actions. In the UK it is a criminal offence for a driver to leave the scene of a car crash without providing their personal or insurance details to the person whose car they hit.

While some drivers do get away with fleeing the scene of a car crash without having their details recorded, the number of CCTV cameras recording activity on UK roads today is making it more and more difficult for hit and run drivers to escape responsibility for their actions. If the driver of a vehicle used in a hit and run accident is located a personal injury claim will proceed in the normal fashion with a claim pursued against their insurance policy; if not, a standard claim for compensation may not be possible.

How to Pursue Injury Compensation Against Uninsured and Untraceable Drivers

When hit and run accident compensation claims are pursued in the UK, it is usually because another road user’s carelessness has led to an accident occurring, after which compensation is claimed from the negligent driver’s insurance policy – however, if an uninsured or untraceable driver is responsible for a hit and run accident there is no insurance policy available from which to pursue injury compensation.

In these circumstances a personal injury claim would be made against the Motor Insurers’ Bureau (MIB). The MIB was formed in 1946 by insurance companies operating in the UK to ensure that accident victims are able to claim compensation for injuries sustained in accidents caused by uninsured and untraceable drivers. The MIB is funded by insurance companies, which contribute a proportion of every motor insurance policy in the UK to the Bureau. As this means that a claimant is effectively pursuing compensation from an insurance company, compensation should only be sought with assistance from a solicitor who specialises in personal injury claims.

Proving Negligence

As well as being subject to hit and run accident compensation claims, negligent drivers who flee the scene of an accident are also in danger of being prosecuted as causing a hit and run accident is a criminal offence. Despite the fact that the negligent party absconded after the crash, you are still required to prove that they were responsible for the accident in order to pursue a personal injury claim – simply driving away from the scene of a crash does not prove that a driver was acting negligently.

Every driver owes a duty of care to others on the road and is obligated to drive in a responsible manner. When a driver fails in their duty of care, causing somebody else to be injured, it is classed as negligence. Accident victims who wish to pursue injury compensation claims against the MIB must also prove that the driver who caused the accident was acting negligently – which can often be difficult and is a reason why a solicitor who specialises in road traffic accident injury compensation claims should be consulted first.

Proper Procedure After a Hit and Run Accident

Claimants pursuing hit and run accident compensation claims should ensure that the correct procedures are followed after the accident, as failing to do so can endanger their right to claim hit and run accident compensation.

A car accident victim’s first priority is their own health – ensuring that they visit the nearest hospital immediately after a car crash is vital not just to their health, but to their ability to pursue injury compensation. In order to claim compensation a full medical record of your injuries must be available – visiting the hospital will enable you to have your injuries officially documented. Not having your injuries treated or simply receiving first aid at the scene will not be seen as sufficient enough for a personal injury claim to be awarded. Also, injuries such as whiplash may not be immediately apparent and may take time to manifest themselves.

If possible, you should note the registration number, make and model of the negligent driver’s car – but not if it means putting your own health at risk.

It is also important that the police are made aware of the occurrence of a road traffic accident, and a report should be made if they did not attend the scene. The contract details of any witnesses, and the names and insurance details of any other drivers involved in the accident should also be collected, but again, only if your injuries allow.

How Much Compensation for a Hit and Run Personal Injury Claim

The most effective way of determining how much you are eligible to receive from hit and run accident compensation claims –whether the driver has been located or the claim is being pursued against the MIB – is to contact a personal injury solicitor.

Your personal injury claim will be assessed by your solicitor using the Judicial Studies Board Guidelines for General Damages in Personal Injury Claims, and by taking into account the impact the injury has had on your quality of life and any emotional trauma that might have been suffered either during the accident or while you were recovering from your injuries.

You are also entitled to pursue injury compensation for any “special damages” – the quantifiable costs associated with your accident. This can include any loss of earnings that may have been forced upon you due to the accident, medical bills, and vehicle repairs among other things. The special damages portion of an award is meant to ensure that you are in the same financial position as you had been prior to the accident.

It is important to contact a solicitor as soon as possible after a car accident as the UK Statute of Limitations places a strict three-year time limit on compensation claims, though there are some exceptions. Any claim not made within the correct legal time-frame is at risk of being time-barred.

Summary – Hit and Run Accident Compensation Claims

Hit and run accident compensation claims are made against the insurance policy of the driver responsible for causing an accident. If a driver has fled the scene of a crash and cannot be located, the personal injury claim is made against the Motor Insurance Bureau (MIB). Even though claims can be brought against the MIB, the pursuit of injury compensation can still be complex and complicated.

The amount of compensation awarded for a hit and run accident can depend on how thoroughly the matter is investigated, and a personal injury solicitor will attempt to procure the maximum possible settlement by presenting the strongest possible case. It is highly advisable therefore that you contacting a solicitor in order to pursue injury compensation.