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The Processes for Hit and Run Accident Claims

Introduction to the Hit and Run Accident Claims Process

Hit and run accident claims may be initiated if you have been the victim of a road traffic accident in which the driver responsible has fled the scene and failed to provide any insurance or contact information. It is illegal in the UK to depart the scene of an accident without first exchanging these details. Regardless, some drivers will leave the scene in order to escape involvement from the police or a possible criminal prosecution.

It has become increasingly difficult for drivers to escape the scene of an accident unnoticed due to the CCTV cameras which record the happenings on most of our roads. However many drivers will escape regardless and their details will remain unknown. If this is the case, you may need to seek compensation from an unknown driver via the Motor Insurers´ Bureau.

If the vehicle’s driver is located, a claim for hit and run will be initiated in the usual manner, and compensation for hit and run accident will be sought against the insurance policy of the negligent driver in question. It is also possible that the driver had escaped from the scene of the accident as they did not have the relevant insurance. In this situation, an awareness of the hit and run accident procedure will be required.

Getting Compensation from an Unknown Driver or Uninsured Driver

The hit and run accident claims process is often different than the usual method. Under normal circumstances following an accident caused by the negligence of a road user, a claimant will make a personal injury claim against the insurance policy of the driver who caused the accident on account of his or her carelessness.

Receiving compensation from an unknown driver follows a different process, as there is not a known policy against which a claim can be made. Similarly when a driver has been traced but does not have a valid policy, the claim procedure cannot be followed as normal. In these situations, the hit and run accident claim will be made against the Motor Insurers’ Bureau (MIB).

The MIB was founded in 1946 in order to provide compensation for the victims of accidents who suffered injuries due to the carelessness of drivers who are unknown or uninsured. A portion of each motor insurance policy sold in the UK is given to the Motor Insurers’ Bureau fund and, as the funding emanates from insurance companies, you are advised to consult with a personal injury solicitor in the event that you seek compensation for a hit and run from the MIB.

Proving Negligence when Seeking Compensation for Hit and Run

It is illegal to commit a hit and run accident and, once apprehended by the police, a negligent driver will be liable to criminal prosecution. Regardless, if you wish to claim compensation for a hit and run accident, it must be shown that the driver who departed the scene was also the instigator of the accident due to their own negligence. Because the liable party drove away from the scene of an accident, this does not automatically entitle the claimant to compensation for a hit and run.

Every driver on the road has a responsibility of care to other road users, and is required to drive safely. In situations where the carelessness of a driver results in the injury of another party, negligence has occurred and the victim of the accident is entitled to claim compensation. Similarly, hit and run accident claims made against the MIB must show that negligence was a factor in the accident in question. When compensation from an unknown driver is sought, this procedure can be more complicated, and an experienced personal injury solicitor should always be consulted.

The Hit and Run Accident Procedure

When pursuing hit and run accident claims, it is imperative that the hit and run accident procedure is followed, as the right to claim compensation could be threatened if not.

Your immediate priority in the aftermath of an accident should be your health. While securing the registration number of the vehicle which caused the accident will certainly assist the police, you should not do so at risk to your own health. The greatest importance is to seek the nearest medical assistance, which may involve visiting the accident and emergency department if necessary.

Even if it appears that your injuries are not serious, you should regardless seek a medical examination at the first opportunity. Some injuries – whiplash for example – may not be immediately obvious, and failure to receive medical attention may result in such injuries becoming worse. The compensation to which you may be entitled can also be affected if you do not immediately seek medical attention due to the disregard you displayed towards your own health.

It is also crucial to contact the police regarding any road traffic accident which has taken place. In the situation that they did not visit the scene of an accident, it is important to make a report to the police. Once your injuries have healed sufficiently, you must gather evidence of your accident. You should also record the contact details of any witnesses to the accident, as well as the names, addresses, insurance policy details and vehicle registration numbers of anyone else involved.

Compensation Amounts for a Hit and Run

No two hit and run accident claims are identical, and the amount of compensation from an unknown driver or uninsured motorist to which you could be eligible can be determined by a personal injury solicitor.

The injuries themselves and their seriousness will be analysed and referred to the Judicial College Guidelines for the Assessment of General Damages. You can be compensated for any loss of amenity due to the impact your injuries have had upon your lifestyle, as well as any trauma you have experienced emotionally because of the accident itself or during your recovery.

Any significant expenses you have spent as a direct result of your accident can also be recovered. This can include such costs as repairs to your vehicle, medical treatment, any income lost while unable to work amongst other expenses. These “special damages” will ensure that your financial situation will return to the same position as it was before the accident occurred.

Initiating the hit and run accident procedure should begin as soon as possible, as a strict time limit on making a claim has been put in place by the UK Statute of Limitations. Should a claim be made outside of this time limit it is likely to be disqualified.

Hit and Run Accident Claims Summary

In order to initiate hit and run accident claims, a claim must be made against the Motor Insurers’ Bureau. Compensation for hit and run will be paid through the MIB fund. Even though the MIB was established in order to compensate the victims of negligent uninsured or unknown drivers, the hit and run accident procedure can nonetheless be difficult.

The level of investigation and preparation which is put into a claim will determine the amount of compensation rewarded for hit and run. In order to ensure you are awarded the fairest amount of compensation for your hit and run claim, you are strongly advised to consult a personal injury solicitor before initiating a hit and run accident compensation claim against the MIB.