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Untraced Driver Claims

If you are hit by an untraced driver who flees the scene, you may still be able to make a claim for damages.

If the responsible driver cannot be identified, you cannot issue court proceedings against them, however a claim can be brought against an organisation known as the Motor Insurers’ Bureau (MIB).

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Can I claim compensation if I am injured in a ‘hit & run’ accident?

The MIB will compensate victims of untraced drivers if they believe you have a good case and the following steps have been taken before a claim is made:

  • The incident is reported to the police within 14 days of the accident, or if this cannot be done it must be reported as soon as is reasonably practicable.
  • Steps must be taken to identify the driver.
  • You must report the accident to your insurer. The MIB is an organisation of last resort, and therefore if you are fully comprehensively insured then your insurers will be responsible for the repairs or write-off value of your vehicle.
  • If you are insured on a third-party, fire and theft basis then the MIB will deal with your vehicular losses if a claim is brought within 9 months of the accident.

How Oliver & Co can help

We will investigate the claim on your behalf by taking full details from you and then guide you through the application process, ensuring that your case is presented as strongly as possible to the MIB.

The MIB will usually insist that they arrange medical examinations for victims of untraced drivers. We can advise whether these reports require any amendment, and we can then value your claim.

Due to recent legislation, we are only able to assist in pursuing a claim via the MIB on your behalf if the value of your injuries is worth more than £5,000. 

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What compensation can I claim for?

You can claim for the pain, suffering and loss of amenity caused by the accident and your reasonable financial losses incurred, or that may be incurred in the future.

Compensation for pain and suffering and loss of amenity (‘general damages’)

We value compensation based upon independent medical expert reports, often from experts in a number of different disciplines. We use the up-to-date version of the Judicial College Guidelines and case law to value your injury.

Compensation for out-of-pocket expenses (‘special damages’)

A claim for special damages can include: 

  • Damaged clothing
  • Private rehabilitation, arranged by you or us
  • Loss of earnings, past or future
  • Care and assistance, past or future
  • Modifications, equipment or relocation costs
  • Additional commuting costs
  • Cost of travel to medical appointments
  • Any other additional financial losses that may have occurred as a result of your accident

How can I help my MIB claim be successful?

As the defendant fled the scene of the accident, they cannot give an account themselves. Therefore, it is often the case that the innocent victim holds most of the evidence relating to the accident. If you are involved in an accident with an untraced driver you should:

  • Seek medical attention if you are injured, this should be your priority
  • Report the matter to the police as soon as possible
  • If you have not been too seriously injured, take photographs of the scene and the defendant’s vehicle
  • Check to see if there are any witnesses to the accident and if so, take their name, address, email address and telephone number
  • Record the registration number, the make, model and colour of the vehicle that hit you

What sets Oliver & Co apart?

  • We pride ourselves on communication and getting to the heart of the matter
  • We take all steps necessary to get you back to your usual self with a focus on early privately funded rehabilitation (treatment)
  • We can arrange home visits if required
  • Our reviews say it all. There is no better endorsement than client recommendation and we are proud to be rated ‘Excellent’ on Trustpilot, and we are a Legal 500 firm
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Key contacts

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Sienna Winter
Legal Assistant
Rebecca Kilfoyle
Legal Secretary
Maria Pilkington
Director & Personal Injury Solicitor
Kathryn Bull
Senior Personal Injury Executive
Allison Pepper
Associate Director & Road Traffic Accident Solicitor
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