In a world where busy streets buzz with life and vehicles of all shapes and sizes zip through the urban landscape, unfortunate accidents are an unfortunate reality. Picture this: you’re strolling down the sidewalk, enjoying a leisurely walk, when suddenly, out of nowhere, a car strikes you and speeds away, leaving you dazed and injured. We will delve into the best steps to take when looking at making a claim for a hit and run.
Can You Get Compensation for Being Hit by a Car?
Imagine the shock and frustration of being hit by a car whose driver flees the scene, leaving you bewildered and in pain. In the United Kingdom, however, there is a glimmer of hope for victims in such distressing situations. The legal system recognizes the need to support those who fall victim to hit and run accidents, offering a potential path to claiming compensation for the physical, emotional, and financial toll they endure.
Understanding the Legal Framework
In the aftermath of a hit and run incident, victims may be left wondering whether they have any recourse to seek compensation. The good news is that the UK legal framework does provide avenues for victims to pursue claims, even if the responsible party is not immediately identified.
The Motor Insurers’ Bureau (MIB) plays a pivotal role in this process. Established to address situations where the liable driver is untraceable, uninsured, or underinsured, the MIB acts as a safety net for individuals affected by hit and run accidents.
Eligibility and Prerequisites
To start a claim, it seems likely that you must establish that the hit and run caused your serious injury and that it was not your fault. The MIB Untraced Drivers’ Agreement, governed by the Road Traffic Act 1988, allows claims for injuries caused by unidentified drivers, such as in road traffic accidents involving cars, motorcycles, or pedestrians. The evidence leans toward needing to report the incident to the police within 14 days and without delay, as per MIB rules, to be eligible for compensation. This is a critical step, as failure to report can bar your claim.
The time limit for personal injury claims is generally 3 years from the date of the accident or the date of knowledge (when you first knew the injury was significant and caused by the hit and run), as per the Limitation Act 1980, Section 11 (Limitation Act 1980, Section 11). However, for MIB claims, the 3-year limit applies, but you must also comply with MIB’s reporting requirements. For children or those with mental incapacity, the time limit may be extended, starting when they reach 18 or regain capacity, respectively.
Table 1: Key Time Limits for Hit and Run Claims
Aspect | Time Limit | Notes |
---|---|---|
Police Report | Within 14 days | Must report without delay to MIB |
General Claim Limit | 3 years | From accident date or date of knowledge |
Children (under 18) | 3 years after 18 | Or by litigation friend before then |
Mental Incapacity | No limit until capacity regained | Starts when capacity regained |
How Do I Claim Against a Hit and Run?
Navigating the process of claiming compensation after a hit and run incident can be daunting, but understanding the steps involved can provide some clarity and assurance.
Report the Incident
The first crucial step is to report the hit and run incident to the police. Timely reporting not only helps in documenting the incident but also aids in any potential investigation. Be sure to provide as much detail as possible, including any information about the vehicle and its driver, if available.
Gather Evidence
In the absence of the responsible driver, gathering evidence becomes even more vital. Take photographs of the accident scene, your injuries, and any damage caused. If there were any witnesses, obtain their contact information as their testimonies could be crucial.
Medical Attention
Seek medical attention promptly, even if your injuries appear minor. Some injuries may not manifest immediately and a medical professional’s evaluation can provide an accurate record of your condition.
Contact National Claims
If the driver can be identified, consulting us at National Claims is an integral part of the compensation process. Our team of claims specialists will be able to help you with every step of the way and walk you through the claims process, so you are confident in every part of the process.
Contact the MIB
If the incident involves untraceable or uninsured drivers, contacting the Motor Insurers’ Bureau (MIB) is a key step. They can provide guidance on the claims process and help you understand your eligibility for compensation.
Patience and Persistence
Claiming compensation for a hit and run can be a lengthy process. Patience and persistence are key virtues as the investigation and legal proceedings unfold. Your solicitor will be instrumental in keeping your claim on track.
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Conclusion
Being the victim of a hit and run incident is an overwhelming experience that can leave you feeling powerless. However, in the UK, there are mechanisms in place to ensure that victims have the opportunity to claim compensation for the physical, emotional, and financial aftermath of such incidents. The Motor Insurers’ Bureau serves as a vital support system, helping bridge the gap when the responsible party is untraceable or uninsured.
Remember, in the face of uncertainty, it’s crucial to take immediate action by reporting the incident to the police, seeking medical attention, and documenting the scene. While the road to claiming compensation may have its challenges, persistence, and professional guidance can pave the way for a successful resolution.
So, the next time you step out onto the bustling streets of the UK, you can take comfort in the knowledge that even in the face of a hit and run, there’s a system in place to help you get back on your feet and reclaim your sense of security.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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