This guide will explore the process of claiming against an untraced driver. After sustaining harm in a car accident involving an untraceable driver, such as in a hit and run accident, you may wonder whether you could still seek personal injury compensation. If so, this guide could help as it will provide information on claiming through the Motor Insurers’ Bureau (MIB) with a focus on making an MIB untraced claim.
As you move through this guide, you will find information on the eligibility for starting a personal injury claim after a road traffic accident, including the time limit for beginning legal proceedings.
Additionally, our guide will explore car accident payouts with information on how they are calculated and what they could comprise.
Furthermore, we will discuss how it could help you if you choose to have a solicitor, who offers their services under No Win No Fee terms, to represent your claim.
For more information, you can contact an advisor from our team. They can offer free advice and answer questions regarding your potential claim.
To get in touch, you can:
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- Eligibility Criteria For Claiming Against An Untraced Driver
- What Compensation Could You Receive From An MIB Claim?
- Potential Evidence That Could Help When Claiming Against An Untraced Driver
- How Long After A Road Traffic Accident Can You Claim?
- Make A No Win No Fee Road Traffic Accident Claim Using Our Panel Of Solicitors
- Learn More About Claiming Against An Untraced Driver
In order to make a personal injury claim following a road traffic accident, you need to establish negligence. This means:
- A road user owed you a duty of care,
- There was a breach of this duty,
- You experienced injuries as a result of this breach.
The duty of care road users owe is outlined in The Road Traffic Act 1988. As per their duty, they must navigate the roads in a way that prevents harm to themselves and others. Also, different road users can find guidance on their responsibilities, as well as rules that must be followed, in the The Highway Code.
Section 170 of the Road Traffic Act 1988 outlines that drivers have a duty to stop at the scene of an accident if injury has been caused to a person or damage has been caused to a vehicle.
If there is a failure to do so, you may not have any information about the driver, including their name, registration number and insurance details. As such, you may be unable to claim against their insurance. However, you could still be eligible to seek compensation when claiming against an untraced driver as you can do so through the MIB.
The MIB provides a way for those involved in an accident with an uninsured or untraceable driver to seek compensation for their injuries. To find out more about the process of making a car accident claim this way, please get in touch on the number above.
After making a successful personal injury claim for harm sustained in a car accident, you could be awarded a settlement that consists of:
- General damages: This is the head of claim that compensates for the pain and suffering, both psychological and physical, that you have been caused due to your injuries.
- Special damages: This is the head of claim that compensates for the financial losses you have experienced as a result of your injuries. For example, you could claim back loss of earnings that you have incurred after taking time off work to recover from your injuries. Also, you could claim back the cost of care. Evidence, such as payslips and invoices, can help prove these monetary losses.
When valuing your injuries, solicitors can use the Judicial College Guidelines. This document contains a list of guideline award figures, some of which we have included in the table below. These are not necessarily reflective of what you will receive, however.
The table also includes whiplash entries from the tariff in the Whiplash Injury Regulations 2021. These fixed amounts will be used to value your whiplash injuries as per changes brought in by the Whiplash Reform Programme.
|Brain Injury||Moderately Severe||£219,070 to £282,010||The person will have a very serious disability that is either physical or cognitive. They will need full-time care.|
|Neck Injury||Severe (i)||In the region of £148,330||A neck injury resulting in spastic quadriparesis of a permanent nature.|
|Chest Injury||Traumatic Injury||£65,740 to £100,670||A traumatic injury to the chest, lungs or heart which causes permanent damage as well as function impairment, physical disability and a reduced life expectancy.|
|Injury to the Pelvis and Hips||Severe (i)||£78,400 to £130,930||Extensive fractures of the pelvis involving a dislocation of the lower back joint and a ruptured bladder.|
|Back Injury||Severe (ii)||£74,160 to £88,430||Cases involving special features which include nerve root damage with associated sensation loss, mobility impairment and unsightly scarring.|
|Arm Injuries||Permanent and Substantial Disablement (b)||£39,170 to £59,860||Serious fractures affecting one or both forearms that cause a significant and permanent residual disability. This will either be functional or cosmetic.|
|Knee Injuries||Severe (iii)||£26,190 to £43,460||Less severe injuries that result in a less severe disability. However, there is ongoing pain and discomfort as well as limited movement.|
|Leg Injuries||Less Serious (i)||£17,960 to £27,760||Fractures from which an incomplete recovery is made.|
|Whiplash||One or Multiple Whiplash Injuries||£4,215||Symptoms lasting more than 18 months but not more than 24 months.|
|Whiplash||One or Multiple Whiplash Injuries||£3,005||Symptoms that last more than 15 months but not more than 18 months.|
To find out how MIB claim amounts are calculated, use the contact information above to speak with an advisor.
As part of the road traffic accident claims process, you will need to provide evidence to prove a car accident wasn’t your fault, but was a result of another road user’s negligence. For example, you could provide:
- Video footage of the accident, such as a road accident caught on a dashcam.
- A diary of your treatment and symptoms.
- A copy of your medical records.
- Taking contact details of potential witnesses.
- Police reports.
If you are unsure how to collect these pieces of evidence, please contact an advisor. They can assess the validity of your case and determine whether you’re eligible to have a solicitor from our panel represent your case.
If you are, they could connect you with a solicitor who has experience handling car accident claims made through the MIB. To learn more, call the number above.
You may be wondering ‘Is there a time limit for a car accident claim?’. As per The Limitation Act 1980, the standard time limit for starting a personal injury claim following a road traffic accident is three years from the date of your injuries. However, there are exceptions to this rule. For example:
- If the injured person lacks the mental capacity to start their own claim, the time limit is paused indefinitely. If they recover the capacity to claim themselves, the time limit will start from their recovery.
- The time limit is paused if the injured person is a child under the age of 18. It will restart from the date they turn 18.
When the time limit is paused in both cases, the courts could appoint a litigation friend to make a claim on behalf of the person.
For more information on the time limits and exceptions, contact an advisor by calling the number at the top of the page.
Providing you have a legitimate claim, you could choose to work with a car accident solicitor from our panel. They offer to work claims under the terms of a No Win No Fee contract called a Conditional Fee Agreement. Generally, this means you won’t pay for the services they provide at the following times:
- At the start of your claim
- While your claim is ongoing
- If your claim fails
Following a claim that has a successful outcome, you will pay your solicitor a percentage of your compensation. However, this does have a legal cap which is set out by The Conditional Fee Agreements Order 2013. As such, you can keep the majority of your settlement.
To find out whether you could begin working with a solicitor from our panel under the terms of this type of arrangement, please speak with an advisor. They can determine if your claim is legitimate and answer any other questions you may have pertaining to your potential claim.
For more information, you can:
For more of our helpful guides:
- A guide on injury claims against uninsured drivers
- What are my rights in a car accident?
- Fatal car accident claim guide
For more external resources:
- Think! – Advice For Road Users
- GOV – Statutory Sick Pay
- Brake – Campaign For Zero Deaths And Serious Injuries On Roads
We hope this guide on the process of claiming against an untraced driver has helped. However, if you have any additional questions, please don’t hesitate to contact an advisor via the details provided above.
Page by SL
Published by NL