Have you been injured in a hit and run accident where a driver has left the scene?
You may be able make a claim for personal compensation if you have been involved in a road traffic accident and the other driver failed to leave their contact details at the scene.
To enquire about uninsured or hit-and-run accident claims, contact Margaret O’Flaherty, publisher of Lawyer.ie & Principal of Tyrrell Solicitors.
To arrange a consultation by phone or in person, contact her using the enquiry form or call (01)6671476.
It is illegal to leave the scene of a road traffic accident without giving the other driver involved your contact details and insurance information.
Unfortunately some drivers may not have a valid insurance policy and so they are trying to avoid any police involvement in the accident. Despite the increased presence of CCTV on our roads some drivers still manage to escape without leaving any trace of them behind, but this is getting increasingly difficult for drivers today.
The Motor Insurers’ Bureau
In the case where the party responsible cannot be traced or does not have insurance then the personal injury compensation claim is made against the Motor Insurers’ Bureau of Ireland (MIBI) which is funded by motor insurance companies in Ireland.
This body was formed in order to protect victims of hit and run road accidents and also against drivers with faulty or in some cases no insurance. In Ireland a proportion of every motor insurance policy incorporates a payment which contributes to the MIB’s personal claims fund.
Reporting a Hit and Run Accident
It is important to report the accident to the Gardaí within 2 days of the accident occurring or if you are incapable of doing so because of your injuries, as soon as practical.
If you report a hit and run accident to the Gardaí, make sure to provide as many details as possible and they will then pursue the driver of the vehicle and a standard hit and run compensation claim can be filed by a personal injury solicitor. If the police successfully locate the driver involved in the accident then the claim can be made against the negligent driver’s insurance policy. If the driver is not in possession of standard insurance then the personal injury claim is initiated against the Motor Insurers’ Bureau and the uninsured driver (if the latter is identified).
Establishing Liability for an Injury
If you have suffered an injury then there must be a party who is responsible for that injury i.e. ‘the liable party’. There can sometimes be difficulty in establishing liability for an injury but prompt reporting of the circumstances of the accident to the Gardaí and to a solicitor is recommended. So too are the obtaining of medical records of any injury sustained at the time of the accident – these can play an important part in determining the extent of injuries suffered and the consequent compensation amount for the victim.
Most claims for personal injury compensation are settled outside of court but a solicitor will always prepare their client with the best possible personal injury claim in case court litigation is necessary. The object of the claim is to gain a fair compensation for the injuries sustained by a victim in a hit and run accident claim.