If you were injured in a hit and run accident then our personal injury solicitors may be able to help you claim compensation, even if the driver cannot be traced or is uninsured.
SOLVING PERSONAL LEGAL MATTERS
Not all is lost. The Motor Insurers Bureau (MIB) provides a scheme to which insurance companies subscribe to cover situations involving untraced drivers. If the driver of the vehicle can be identified and turns out to be uninsured then there is a similar scheme under the Uninsured Driver's MIB system.
If however the driver cannot be identified or has provided fictitious details or they are untraced, then the MIB Untraced Scheme comes into play. There are however a number of restrictions. The Scheme will not provide cover for any loss that is already insured, i.e. if your vehicle is fully comprehensively covered. If you have private health insurance, or your employers have an arrangement to fund your salary whilst off, those losses probably cannot be recovered because the MIB are regarded as a fund of last resort and you will be expected to claim under those policies.
There is some debate that this particular clause is in breach of EU Directives but until this is clarified, they appear to remain a fund of last resort. Subject to this, you are entitled to be compensated for your losses as if you were dealing with an insurer, i.e. compensation for your injuries and consequential losses flowing from those injuries and the accident, loss of earnings, travelling expenses, treatment costs, care and support etc.
The MIB do however impose a number of conditions that must be satisfied before they will accept the claim. Injury claims have to be presented within three years and claims for damage to property or other losses have to be presented within nine months otherwise they become time barred.
To ensure that hit and run claim cases are genuine, the police also have to be informed as soon as reasonably practicable and there is a requirement to comply with any request for information and cooperate with the MIB. There are lots of other conditions to comply with, but providing that the claim is made quickly and all the information is available; the claim should be dealt with and the MIB do make a contribution towards legal costs.