Can you start a hit and run accident claim for compensation? Getting injured in a hit and run accident can be very distressing but are you aware of your rights and of what you need to do if you are injured in a hit and run accident that was not your fault? How do you file for compensation from a driver who is absconding?
Hit and run accidents are far too common in the UK. Many drivers simply flee the scene either because they panic or simply because they do not want to ‘get involved’ even though the accident was their fault.
Another common scenario is getting hit by uninsured drivers. It is simply not possible to get the total compensation due to you from a driver who does not have the necessary insurance.
Fortunately, in both cases, you may be able to claim hit and run compensation from the Motor Insurers’ Bureau (MIB). This is a special provision made to ensure that those who are injured because of somebody else’s mistake or negligence do not suffer financial hardships on top of their physical and emotional trauma.
Understanding What A Hit And Run Accident Is
A road traffic accident in which the driver responsible for the accident drives away from the scene without stopping or providing their contact or insurance details, is called a hit and run accident. According to UK law, this is considered a criminal act.
The majority of hit and run accidents are not caused intentionally, neither do motorists plan in advance to flee the scene. More often than not, their reaction is spontaneous. They seize the moment and leave the scene of an accident that was their fault to escape criminal prosecution for careless or dangerous driving. Uninsured drivers are more likely to do this as without any insurance, the financial implications could be tremendous.
What To Do After A Hit And Run Accident
Remember, all is not lost if you are injured in a hit and run accident. There are ways that you can prove that the accident was not your fault and to get the compensation that is due to you even if the driver is uninsured or absconding.
One of the first things you can do is get the help of witnesses who saw the accident first hand. Ask around if anyone managed to get the vehicle registration number. Get the names and contact details of all witnesses who are willing to testify as to what happened.
There are millions of CCTV cameras installed all over the UK. Check the recordings of all CCTV cameras in the vicinity that may have captured the hit and run accident. You have a legal right to request a copy of the recording of any CCTV camera so make sure you exercise that right.
Get as many photographs as you can of the scene of the accident. Get shots that show the spot where the incident occurred as well as a few shots of the surrounding areas. Most importantly, get photographs that clearly show your injuries as well as the damage to your property – your vehicle, laptop, camera, mobile phone or any other valuable items that were damaged in the accident.
Starting Hit And Run Accident Claims
You have two main choices when it comes to starting a hit and run accident claim.
You can either file a claim directly with the Motor Insurers’ Bureau (MIB) or you can approach a personal injury solicitor who will undertake the formalities on your behalf.
While filing the claim directly with the MIB may seem pretty straightforward, especially since you have obtained all the necessary evidence, you should know that it is not as quick and easy as it might appear to be. When filing directly, you can expect to do a fair amount of leg work in order to obtain the relevant information. Following up to check the progress of the claim can be another never-ending nightmare. Lastly, and perhaps most importantly, you will have to accept whatever compensation is awarded to you, even if you think it is on the lower side.
On the other hand, having a personal injury solicitors handle your hit and run accident claim can change the dynamics of the whole process, from the trouble you have to go through to the compensation amount that is awarded to you.
Hit And Run Compensation Calculator
Calculating compensation in a hit and run accident claim should be carried out by a specialist solicitor, one who specialises in road traffic accidents and hit and run claims. This is because they will have the expertise and experience needed to know exactly what compensation you could claim for, taking into account all of the various aspects involved in your accident and injury.
As every hit and run accident claim is different due to individual circumstances it would be impossible to have a hit and run compensation calculator that can guarantee you an exact compensation payout figure. Using the drop down table below you will however find average compensation amounts that might be paid for various injuries and will give you a general idea of what compensation might be expected.
Specialist Road Traffic Accident Solicitors
A specialist road traffic accident solicitor such as ours will have all the required knowledge needed to make a successful hit and run accident claim. They will do all of the paperwork for you, from gathering and putting together the evidence to building a strong case based on the evidence and filing your claim with the MIB. They will make sure all of this is done before the statute of limitations, which is 3 years from the date that the accident took place.
You will be represented on a Conditional Fee or No Win No Fee basis, which essentially states that you are not liable to pay any legal fees at any time while the case is in progress. You are only liable to pay on condition that your claim is successful and only after the compensation awarded to you has been received. The fee we would take for winning your claim would be agreed with you before we start the process and would be a set percentage of the total compensation, so you are assured that you are never out of pocket at any time.
Our solicitors are experts in this area. They know how much you are entitled to receive based on your circumstances. Very often, the MIB offers claimants amounts that are much lower than what they are due. When you have a solicitor representing you, they will get the claim reviewed and make sure that you are fairly compensated not just for the physical injuries you have suffered but also for your mental trauma, loss of income and any ongoing or long-term rehabilitative treatment that you need. Going by previous instances, the difference between the initial offer and the revised offer can be substantial in hit and run accident claims.