Dealing with a road traffic accident, whether as a driver, passenger or pedestrian is stressful at the best of times and even more so if the other party involved is found to be uninsured or cannot be traced, for instance in ‘hit and run’ accidents where a driver hits another car or a pedestrian and flees the scene.
If you have been involved in an accident with an uninsured or untraced party, which was not your fault, then you can still claim for compensation and RYANS can help.
A compensation claim can be pursued through the Motor Insurers’ Bureau (MIB) for both personal injury and associated financial losses, for example, vehicle damage and loss of earnings.
The MIB deals with the claims of victims of uninsured and untraced drivers. They essentially act as the insurer for the uninsured or untraced party if they are found to be at fault.
A claim form must be submitted to the MIB with any documentation in support, for example any letters sent whilst looking for insurance details and any documents from the Police.
Even if you have comprehensive motor insurance you can claim for the damage to your vehicle, although in most cases it may be easier and indeed quicker to claim through your own insurance as claims via the MIB can take some time.
The standard limitation period of 3 years applies to Uninsured motor claims, which means your claim must be brought within 3 years of the date of the accident.
Where the third party is not known, the rules for bringing a claim under the Untraced scheme are much more stringent. The main points to be considered are:
You must report the matter to the Police within 14 days of the accident or as soon as is reasonable to do so. For example, if you were in hospital as a result of the accident and could not report the matter to the Police within the 14 day period, you should report it as soon as you can.
The application for compensation must be filed with the MIB no later than 3 years after the date of the accident if claiming for injury, and no later than 9 months after the accident if claiming for damage to property/financial loss – this includes vehicle damage.
An excess of £300 is applicable to Untraced claims, although if you have comprehensive motor insurance the MIB will advise you to go through your own insurers for a claim for vehicle damage. But, provided the offending vehicle can be identified a claim for vehicle damage can be made under the untraced scheme whether or not you have comprehensive insurance.
It should be noted that if the third party vehicle is not traced and cannot be identified (i.e. the registration number was not obtained as it left the scene) a claim for property damage/financial loss cannot be pursued under the scheme although you can still claim for injury.
We know that uninsured and untraced claims can seem complex. Rest assured, RYANS are specialised road traffic accident solicitors who are experienced with these kind of claims and can assist you with your claim on a no win, no fee basis.
Call us now on 01925 438 160 or contact us by using the form here and we’ll call you back to discuss your claim in more detail as soon as possible.