Many people ask, “Can I claim from untraced drivers?” In fact, though it is clearly not possible to claim compensation directly from someone you can’t find, there is a special fund set up for accident victims who find themselves in this situation. Managed by the Motor Insurers’ Bureau (MIB), the scheme is financed by motor insurers as part of a deal with the Department of Transport. If you can show that there is no way the driver who caused your accident can be traced, you may be able to make a claim.
There are specific time limits on MIB claims, which it is important to be aware of from the start:
- Property damage claims – the police must be told about the accident within five days.
- Personal injury claims – the police must be notified about the incident within 14 days.
- If you were driving when the accident happened – notify your insurance company as soon as possible.
- Property damage compensation – the time limit is nine months.
- Personal injury compensation – your claim must be submitted within three years.
What can I claim for?
When you claim from an untraced driver the amount of compensation you can receive is more limited than in other cases. This does not mean you will be entitled to any less money to compensate you for your injuries. It does, however, mean that there is a £300 excess when it comes to property claims, and that you cannot claim for expenses to the extent that you otherwise might. It also means there is a limit on the amount available to cover legal fees, so if your case is complicated you may need to pay some of the fees yourself, even if you are awarded compensation by the court.
How we can help you
If you instruct us to represent you we will appoint one of our specialist solicitors to guide you through the entire claims procedure. Furthermore, you can rest assured that any fees will be kept to an absolute minimum. This reduces your financial risk, because we can start work on your case without you having to pay any money up front. Before any action is taken we will estimate, free of charge, how much you are likely to be entitled to, which will help you to arrive at an informed decision regarding whether or not to proceed. Taking advice from us does not commit you to using our service and we will never pressure you.
At the Accident Advice Helpline we have a large team of lawyers across the country. This means that we have access to legal experts who specialise in all areas of the law, including road traffic accidents. This particular group has many years of experience in helping people claim from untraced drivers, which means you can be confident we will always put you in touch with the most suitable legal professional to represent for you.
We pride ourselves on the standard of service we offer and will do our utmost to ensure your case is dealt with as efficiently and quickly as possible. We believe that when you have been through something as stressful as an accident you should be able to concentrate all your efforts on recovering from your injuries.
Date Published: October 18, 2013
Author: David Brown