Guide to Hit and Run personal injury claims

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If you have been the victim of a hit and run accident where the other party is unidentified or untraced the MyClaim personal injury team can help you secure the personal injury compensation you deserve.

The second motor insurance directive (84/5EEC) stated that each member state of the European Union was required to set up or authorise a body charged with the task of compensation at least up to the minimum limits required to damaged property or personal injury caused by an unidentified vehicle or uninsured vehicle.

For those people who sustained personal injuries and losses as a result of an unidentified driver they would ordinarily have no way of gaining compensation. There is however the Untraced Drivers Agreement 2003.

When making a claim under the Untraced Drivers Agreement the applicant needs to comply with certain conditions.

The agreement applies where the death or bodily injury to a person or damage to any property caused by the use of a motor vehicle on a road or other public place in Great Britain and if the applicant cannot identify the person who appears to be liable.

The accident must have been reported to the police within 14 days. If the claim is limited to property damage only it must be reported within 5 days of the occurrence of the accident.

Satisfactory evidence (such as a crime number) must be produced when making the application to the Motor Insurers Bureau.

Time limits also apply to Untraced Claims. If an applicant is to stand any chance of recovering compensation the Motor Insurers Bureau must be notified within a period of 3 years from the date of the accident. Like all other personal injury claims the Claimant/Applicant will be stature barred if a claim is not made within this time frame.

Where possible photographs of the accident scene should be taken and the names and addresses of any witnesses should be noted down.

In respect of funding, costs are limited to a contribution only from the MIB. On this basis a Conditional Fee Agreement (No Win No Fee) cannot be entered into. Hit and Run claims are generally conducted under a contingency fee agreement whereby a percentage of the damages awarded is retained as costs.

If you are involved in an accident whereby the Defendant was driving a stolen vehicle and failed to stop, an application should be made to the Motor Insurers Bureau in accordance with the Untraced Drivers Agreement.

If the vehicle is stopped and the driver identified, the registered insurers of the vehicle are still obliged to compensate the victim.

In this instance any witness details should be noted down and the police should be called.

Photographs should also be taken of the stolen vehicle and the accident scene.

The MyClaim personal injury team have over 20 years experience of handling these claims. If you have been the victim of a hit and run accident please contact us by filling in the online claim form or by calling our 24 hour helpline on 0800 731 2586.

Article Source: http://depositarticles.com/

Damian Horan works for MyClaim, experts in personal injury advice and claim handling.

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