Can I make a claim for compensation if the third party vehicle driver is Untraced?
People often wonder if they can still make a claim even if the driver is not traceable. The simple answer is “yes”, you can claim compensation if a road user’s negligence has caused you harm, even if the driver is untraceable. When the driver cannot be traced (such as in a hit and run accident), you still have the right to make a claim through the MIB.
How do you make a claim against an Untraced Driver?
There are a few steps you can take before you approach the MIB for compensation. Firstly, if you have been injured after a car accident then you must ensure you seek medical attention. You could ring 111 for non-emergency advice for mild injuries, or visit the GP you are registered with. If necessary, you may need to call for an ambulance on 999 or visit your nearest emergency room. Once you have sought medical help, you can then start thinking about how you could claim via the MIB after an untraced driver accident.
It is important that you report the accident to the police. If it was a hit and run incident, this is considered a driving offence under the Road Traffic Act 1988. Generally, you should report the incident to the police within 24 hours. However, for MIB claims, you should report it to the police within 14 days if you have suffered a personal injury and 5 days if you have not.
You could also start to gather evidence to help your case. The more evidence you provide to the MIB, the quicker they are likely to make a decision on your application for compensation. You don’t need a lawyer to help you collate evidence, but it could be useful to instruct one. Our team of lawyers can advise you on what evidence will support your case.
Some examples of important evidence which can aid in establishing the untraced driver:
- Witness statements;
- Medical reports; and
- CCTV footage.
If you would like to hire a solicitor to help you with this process, you can get in touch with us today.
How does the MIB Untraced Driver accident claims work?
As mentioned, you must report your untraced driver accident to the police as soon as possible before you approach the MIB. This is so the MIB can see that you have attempted to find the driver so that you can claim from them directly. It is possible that the police could find the driver. If the driver is tracked, you could make a personal injury claim against their insurance.
If they are unsuccessful in finding the driver, you could claim through the MIB for an untraced driver accident.
Unlike a personal injury claim, you can claim through the MIB without a personal injury; you can claim for just property damage. However, if your vehicle is damaged in some way by the accident, the MIB recommends that you try to fix any issues through your own insurance first.
The MIB will consider any evidence you provide, but they will also conduct their own investigation into your case. During their investigation, they may:
- Obtain a police report;
- Contact other relevant parties, such as your insurance provider;
- Establish the facts;
- Confirm who was involved;
- Seek reports from witnesses or engineers; and
- If there is a personal injury, obtain relevant medical forms.
How long does it take to resolve an MIB untraced claim?
The length of time it takes to settle an MIB claim may vary, depending on the case’s complexity. Generally, the MIB aims to conclude cases as quickly as possible, however in reality this is dependent on the evidence gathered and whether the untraced driver can be traced or not.
What happens if eventually the third party driver is identified?
At a later point in time, if the driver is identified, the MIB can reclaim the costs through the identified third party driver’s insurance provider. If your MIB claim is a success, your compensation would be awarded similar to a personal injury claim. When claiming through the MIB, a compensation calculator can be a helpful tool to give you an idea of how much you could receive. However, we can assess your claim on an individual basis, making the estimate more accurate.
Why choose Advantage Solicitor?
All of our solicitors are experienced in assisting clients with all kind of claims regarding road traffic accidents. This includes hit and run claims made through the MIB. Additionally, we work on a ‘No Win No Fee’ basis. Our lawyers also do not ask for any fees upfront or during your claim. If you’ve been injured by a hit and run driver or a driver who cannot be traced or was not insured, get in touch with us today. We can help you begin the claims process.
A No Win No Fee arrangement is when you pay a fee of your settlement to your lawyer only if you are successfully awarded compensation. The fee is a capped percentage that is kept low by law. It’s taken from the settlement you receive. If your claim does not succeed, you are not obligated to pay this fee at all. This can help reduce the financial burden of making a claim.