Can you claim?
If you have had a personal injury even if the person that caused your accident was not insured or left the scene of the accident?
The simple answer is yes.
How does it work? What is a MIB claim?
The government with the help of the main insurers set up and fund the MIB (not the men in black) The Motor Insurers Bureau. This bureau deals specifically with 2 types of claim.
- Uninsured drivers scheme. Accidents where innocent people (you) are injured and it turns out the third party (the other driver) were not insured to drive the car that caused the accident (either because they do not have any insurance at all or they have insurance for a car but not the one they were driving).
- Untraced Drivers scheme. Accidents where innocent people (you again) are injured in a car accident but where the third party drives off (a hit and run) and you do not know who they are.
Are there any rules?
In both cases, you have 3 years from the date of the accident to make a claim with the MIB. However the longer you leave it the harder it will be to win your case. There should be no reason to delay. These claims are not quick by any stretch of the imagination and so the sooner you start your personal injury MIB claim the sooner it can receive personal injury compensation. In addition to that, the sooner you start your claim the fresher the trail and in most cases, the fewer issues your solicitor will have.
In both cases, it is best practice to notify the police if you were injured. If the driver left the scene (hit and run). Or if the third party driver refused to provide his/her details you must report the accident to the police in any case.
If you managed to get the third parties registration then there is a website. You can enter the registration into it to check on whether it is/was insured. That makes life simpler and your claim will become a standard RTA (road traffic accident). However if not then read on.
What you must do
As already stated best practice is to report it to the police. For hit and run type accidents unless you are in a coma in the hospital they MUST be reported to the police within 5 days.
It is a condition of most if not all motor insurance policies that you MUST inform them of any accidents you have regardless of fault. As those same insurers fund the MIB by way of a yearly levy.
If you have a fully comprehensive insurance policy then you will need to use that to claim for the damage to your vehicle.
Write down as much detail as you can of the accident. The circumstances leading up to the accident. The make, model and colour of the vehicle that hit you (or caused you to crash/lose control). Any witnesses. Details of any conversation you had with the driver (if they stopped).
In all personal injury cases, you must mitigate your losses.
Can I claim for damages to my property?
For an Untraced claim, your injuries need to be sufficient to trigger that element of the claim. You need to be dead (yup so if you are reading this then it’s good news). Or you need to have spent at least 2 nights in a hospital or have had to have 3 sessions of outpatient treatment. In addition, the damage needs to exceed any excess you had to pay.
Are there exceptions that can exclude me from claiming?
If you were not injured then don’t bother to claim. If your injury was scratches and mild bruising and hurt feelings then no. You still need to show on the balance of probability what happened actually happened. If you can’t show that speak to us first but it is unlikely you have a claim.
If you were a passenger in the car that caused the accident and you knew or should have known the car or the driver was uninsured and did nothing then sadly it’s a no as well.
So yes you can claim. Do you want a specialist solicitor who only deals with these types of claims and nothing else? Do you want any old person who deals with all types of claims?
If you want a specialist click HERE
If you don’t then I wish you good luck.