HIT AND RUN CAR ACCIDENT SOLICITORS - MIB MOTOR INSURERS BUREAU COMPENSATIONSOLICITORS HELPLINE: ☎ 0844 332 0553
Our hit and run car accident solicitors deal with compensation claims using the no win no fee scheme. You do not have to fund or finance your case as it proceeds. You will not be asked for money upfront nor will you be expected to pay anything during the legal process. Most hit and run accidents involve untraced and uninsured drivers and the majority of claims are handled by the Motor Insurers Bureau (MIB) which is funded by the insurance industry with the aim of compensating the victims of uninsured or untraced drivers for personal injury and loss. The MIB pays the victim immediately upon judgement in trsced driver claims even if the uninsured driver cannot afford to do so and thereafter the MIB pursue the uninsured driver for the outstanding money. In the case of an untraced hit and run driver the MIB will only award damages for personal injury and loss (excluding legal charges) to the victim however solicitor's legal charges are not awarded but are deducted from the award at a pre-agreed percentage rate. In a hit and run car accident compensation claim the MIB pays the victim immediately upon positive assessment of the claim without necessity for judgement in a court of law which cannot be obtained against an unidentified potential defendant .
Untraced Driver Agreement 2003
In cases where the negligent driver leaves the scene of the accident without exchanging details as in a hit and run accident, a claim for compensation can be made by the victim under the Motor Insurers Bureau Untraced Driver Agreement 2003. There are very strict criteria applicable to these applications which must be followed to the letter failing which a compensation payment is likely to be refused by the MIB. The rules and regulations are complex and you are well advised to seek the services of a hit and run car accident compensation claim solicitor as soon as possible after the incident. The basic rules include the following requirements :-
- application must be made to the MIB within 3 years of the incident
- accident must be reported to the police within 14 days
- requirement for mitigation of loss
- contemporaneous medical evidence is essential
- requirement for proof of negligent driving
Uninsured Driver Agreement 2008
In the event of a hit and run car accident where the driver is eventually identified an application for compensation can be made under the Motor Insurers Bureau Uninsured Driver Agreement 2008 which will pay out in full comprising personal injury compensation and property damage including vehicle repairs or write off costs together with reasonable legal charges subject to a nominal insurance excess deduction. To trigger payment from the MIB, judgement must be obtained after giving notice to the MIB about the proposed issue of a summons and thereafter the MIB must be kept fully informed as the legal action progresses against the uninsured driver. After judgement the MIB settle the claim in full by paying off the victim immediately and thereafter the MIB pursue the negligent driver for repayment into the MIB fund which may take many years and involve multiple enforcement procedures however this is of no concern to the victim who receives payment from the MIB shortly after judgement is entered in a court of law for damages and costs.
Evidence Gathering & Preservation
In all MIB car accident compensation claims whether or not the driver is traced and uninsured or an untraced hit and run driver it is essential to obtain maximum evidence to prove not only liability but also the extent and effect of the injury. Where possible the following matters should be dealt with in all cases at the first possible opportunity. Delay can be fatal to a hit and run car accident compensation claim :-
- If the uninsured diver has stopped you should exchange details.
- If there are witnesses you should obtain contact details.
- Obtain the vehicle registration details where possible.
- Take photographs of the location and damage to vehicles.
- Obtain the ID or collar number of any police who attend the scene.
- Attend a GP or A&E the same day if possible.
- Write down exactly what you believe happened as soon as possible and retain the dated document.
- Keep a diary outlining all expenses and documenting recover from injury.
The award in a personal injury compensation claim is intended to put the victim back into the position that they would have been in had the accident not occurred. Broadly damages awards consist of losses including property damage and pain and suffering together with other losses that must be assessed. An award in a hit and run car accident compensation claim inevitably involves a sum for pain and suffering which is determined after consideration of the extent of the injury, the recovery period and whether or not there are any long term disabilities or consequences. The amount is determined by a judge following government guidelines, awards made in previous similar cases and the judgeâ€™s personal experience of lengthy practice in law courts. The most common awards made in a personal injury compensation claim include the following items which are either proved by documentation or assessed by a judge often following representation from the parties solicitors:-
- pain & suffering
- loss of lifestyle
- disadvantage on the job market
- loss of congenial employment
- damage to property including vehicles
- written off vehicle value
- past & future wages loss
- cost of care
- incidental expenses
- travelling expenses
- car hire costs
- loss of use of motor vehicle
- depreciation post-accident
- insurance policy excess
Hit & Run Law
Drivers involved in an accident are required to stop and exchange personal details with others involved in the incident. If a driver is unable to stop for any reason, there is a legal requiring for that driver to report the accident to the police within 24 hours, failure to do so being a criminal offence punishable by penalty points, a fine and if appropriate a maximum of 6 months imprisonment. Unfortunately the penalty applicable to hit and run offences is inadequate in respect of persuading an uninsured driver (or a drunk driver) to stop and summon the emergency services to assist an innocent victim who may die without urgent medical treatment. The facts of hit and run demand that a new charge of killing or seriously injuring and fleeing the scene of a crash should be introduced, with a maximum penalty of 14 years in prison, the same as for death by dangerous driving
Facts & Figures
There are over 200,000 car accidents causing personal injury in the UK every year. More than a million vehicles regularly driven on UK roads are uninsured which account for at least 3 fatalities every week and over 20,000 casualties including 2,000 seriously injured innocent victims every year. The amounts paid out by the MIB for injuries is over £2 billion to date with no limit on personal injury damages and a maximum of £250,000 for property damage. Over 500 uninsured cars which are identified every day by the Motor Insurance Database are impounded by the police.
Hit and Run Solicitor - No Win No Fee
We operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.SOLICITORS HELPLINE: ☎ 0844 332 0553