Hit-And-Run Accident Compensation
Hit-and-Run Accident Compensation
Hit-and-runs are extremely distressing experiences – the personal injuries are often severe and potentially life-changing, and the uncertainty of locating the negligent driver can also be very stressful. However, even if the driver that caused the accident fled the scene, you should still be entitled to a compensation settlement.
Aside from the fact that it is increasingly difficult to be untraceable, due to the vast number of CCTV and speed cameras on Irish roads, if the driver is never traced you may still claim for compensation from the Motor Insurers’ Bureau Ireland, a body established to provide compensation for those who were injured by unknown or uninsured drivers. The latter point is particularly important, as many drivers who chose to flee the scene are doing so as they do not want to be prosecuted for being uninsured.
Please call us now on freephone 1-800 844 306 to discuss your accident. We specialise in road traffic accidents or all kinds and can provide you with an impartial and accurate assessment. We never pressure you to proceed with a claim.
Dealing with Untraceable or Uninsured Drivers
In ordinary circumstances, when a traffic accident occurs, it can be attributed to another driver. The claim for compensation is then made against the insurance company of this driver, and negotiations proceed.
However, in many instances involving hit-and-runs, drivers flee as they are uninsured. If the driver is tracked down, and it transpires that he or she is not insured, it is still possible to make a claim for compensation. Rather than seeking compensation from the driver’s insurers, instead you must file a claim with the Motor Insurers’ Bureau Ireland (MIBI), an organisation established in 1946 to ensure that victims of accident involving unknown or uninsured drivers can still claim compensation. A set portion of the revenue gathered from the insurance premiums of other motorists is set aside to help fund this body.
Negligence and Hit-and-Runs
As hit-and-runs are criminal offences, and driver that has been located after the accident will be subject to police prosecution. Yet this does not mean that you will automatically be able to claim for injury compensation – it must be shown that the accident was caused by the driver’s negligence. The fact that the driver fled the scene does not mean that the claim for compensation will be valid.
A driver is seen as negligent if he or she failed in their duty of care towards other road users; if his or her carelessness causes another road user to suffer harm or damaged property, then he or she is deemed to be negligent. This negligence must also be demonstrable to the MIBI – though this can be difficult if the driver is never found.
Procedures Following a Hit-and-Run Accident
First and foremost, your health and safety is the priority. Before consulting a solicitor, or even collecting details of the scene, you should ensure that your own health is not endangered. If you are seriously injured, call an ambulance. Otherwise, visit the closest accident and emergency department or make an emergency appointment with your GP.
Even if you do not present any immediate symptoms, you should still seek medical attention as there may be underlying damage. If you do not seek medical attention, and later find that you have been injured, this could damage the likelihood of receiving a compensation settlement as the cause of your injury could be contested.
Compensation Settlements for Hit-and-Run Injuries
It is very difficult to say with certainty how much compensation one to expect to receive for a hit-and-run injury. There are many factors that will come into play, including age, the nature of your injuries and your general health before the accident. Additionally, any emotional trauma sustained because of the accident will be accounted for by a compensation settlement.
Additionally, any financial losses incurred in the aftermath of the accident will be accounted for in “special damages”. However, some costs may be seen as non-essential, so before proceeding with any particular treatments or renovations, it is advisable that you first consult an experiences personal injuries lawyer.
Summary: Hit-and-Run Injury Claims
Before anything else, if you have been the victim of a hit-and-run accident, you should first to your health. Doing this can not only mitigate any long-term damage, but it could also increase your chance of receiving a fair settlement of compensation. You should also collect evidence, such as license plates or eye-witness statements, and file a report with the Gardaí. They will then use your evidence, as well as footage from CCTV cameras, to track down the driver. If they fail to do this, or they do and the driver is uninsured, a claim for compensation can still be made against the MIBI.
As with all personal injuries, it is best to contact a solicitor as soon as possible after the accident has occurred. He or she will guide you through the complicated legal processes of recovering compensation, facilitating negotiations with the negligent party, and work to ensure a fair settlement of compensation.
Speak with a Solicitor Now by calling us on 085-881 8857