Road Traffic Accidents Involving Hit and Run Drivers and Stolen Cars
Thank you so much for handling my case so well. You came to know us at a great time of sadness and you were so kind. We will always remember you as very professional but also very warm hearted.
Sylvia, Tamworth
Compensating Victims of Hit and Run and Stolen Cars
Quite often we are approached by clients who have suffered injury (as a driver, passenger or pedestrian) in a hit and run accident on the road. These road traffic accidents are caused by motorists who have failed to stop.
The Motor Insurers Bureau (The MIB) Untraced Drivers Agreement
If a driver fails to stop at a road traffic accident and they cannot be identified then a client may have a claim for compensation for this injury (and consequential financial losses) they have suffered under the MIB Untraced Driver's Agreement. The MIB will investigate the claim and arrange for medical examinations to take place. It will also consider the losses (such as loss of earnings) which are a direct consequence of the injury. After all of the evidence has been collected, the MIB will assess the claim and make an offer of damages. As specialist road traffic accident solicitors, we can advise you whether the offer is one which should be accepted. If the offer is too low, then the MIB Agreement provides for an independent arbitration scheme to value the compensation claim. The scheme excludes property damage (e.g. to your car) and is also subject to a £300 policy excess. However, it is now possible to claim a contribution of your legal costs from the MIB in addition to your compensation. The whole scheme avoids the need to go to Court as clearly the Defendant in these circumstances cannot be identified.
The MIB Uninsured Driver's Agreement
In some road traffic accidents, the driver may stop but it then transpires that their car was uninsured. In these cases, we pursue the driver for the damages (like in any other personal injury case) but rather than dealing with his insurers, we deal with the MIB. The Scheme requires special notices being served upon the MIB at various stages throughout the compensation claim. In these cases, if we cannot agree the damages with the MIB, Court proceedings can be commenced and the MIB will have to honour the judgment obtained. It is usual to recover legal costs in addition to damages in these cases.
Road traffic accidents involving stolen cars
In a road traffic accident where a car has been stolen but a policy of insurance existed in respect of the car, special rules apply. Usually the insurer for the car will be responsible for handling the claim against the car thief - even though the driver was not insured under the policy. Where the injured party was a passenger in the stolen car, his entitlement to claim from the car's insurer depends whether or not he knew (or ought to have known) that the car was stolen.
Deliberate injury caused in road traffic offence
The MIB and motor insurers will usually only pay out in a road traffic accident where there has been negligence. Deliberate acts of injuring are usually excluded. Where there has been a deliberate road traffic offence for example purposely ramming another vehicle, it might be possible to pursue a claim under the Criminal Injuries Compensation Authority Scheme. The scheme requires there to have been a report to (and full co-operation with) the police within a reasonable time. There is a two year time limit in which to bring a claim.
If you would like us to provide you with advice with regard to your potential claim, please complete our brief claim form. We will reply to your enquiry within one working day.
Fill out our quick claim form
If you would like to speak to someone directly about your claim, please call our friendly team on:
0870 024 0558