It is a grim reality that not all drivers involved in Road Traffic Accidents stop at the scene, carry appropriate insurance or come forward to assist the Police in their enquiries. This has once again been thrust into the limelight in East Lancashire, when a female pedestrian was injured in a hit and run incident in Darwen on Friday evening. The woman is reported to have suffered a broken leg and was knocked unconscious following the collision.
Statistics provided by the Motor Insurance Bureau are somewhat shocking. In the UK, it has been reported over recent years that there have been 160 fatalities and 23,000 injuries on Britain’s roads for which uninsured drivers are responsible.
At present, the Government are reviewing the Untraced and Uninsured driver agreements currently in place. A consultation paper has been produced and a response to this paper is set to be published around July 2013. Under the proposals, the rules regarding making a claim against untraced/uninsured drivers are likely to be relaxed in favour of claimants.
Can I make a claim for a car accident if I do not know who the other party was?
Failure to stop at the scene of an accident is a Criminal Offence and if caught, the offending driver would face criminal prosecution. In simple terms, it is not possible to sue a driver for compensation if he/she cannot be traced. However, if you have suffered personal injury and other loss as a result of an accident involving an untraced driver, it is possible to make a claim for your losses against the Motor Insurers Bureau (MIB) under the Untraced Drivers Agreement.
The MIB was established by the Government in 1946 as a method of compensating the victims of negligent uninsured and untraced motorists and is funded by every motorist in the UK through their insurance premiums. The MIB will investigate the issue of liability, if this is conceded they will make an award of compensation that they deem appropriate. If your case is successful, the MIB will also contribute towards meeting your legal fees. As with any personal injury claim, there are time restrictions that must be complied with in order to bring a claim via the MIB.
Can I make a claim against an uninsured driver?
If you are involved in a road traffic accident and the other driver does not produce insurance documentation, it is possible to make a claim for your losses against them under the MIB Uninsured Drivers Agreement. There may also be criminal sanctions for the driver in question, in the form of a fine and points on their driving license. If you obtained the other driver’s vehicle registration number, it is possible for your solicitor to conduct a search to find out their insurance company and policy number. If the other driver is not insured at all, an application can be made to the MIB for compensation for personal injury and other loss.
If you require legal advice about making a claim against an uninsured or untraceable driver, or indeed wish to discuss making a car accident claim of any kind, please do not hesitate to contact us for a free claim assessment.