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Hit and Run Personal Injury Claims
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Hit and run accidents are a serious and distressing type of traffic incident which involves a driver leaving the scene without providing contact information or offering assistance to the injured parties. These accidents can have devastating physical, emotional, and financial consequences for the victims.
When a person is injured in a hit and run accident, pursuing a personal injury claim can be particularly challenging due to the absence of the at-fault driver. However, victims still have legal options to seek compensation for their injuries, medical expenses, lost wages, and other damages.
If you have been injured in a hit and run accident and it was not your fault, you may be able to make a hit and run claim for compensation.
What should I do following a hit and run accident?
Following a hit and run accident in the UK, it’s important to take specific steps to protect your rights, ensure your safety, and gather information that could help with a personal injury claim. Here’s what you should do:
Report the incident: Call the police to report the hit and run. Provide as much detail as possible about the incident, the fleeing vehicle, and any identifying features of the driver or vehicle.
Collect witness statements: If there are any witnesses, gather their contact details and ask them for statements regarding what they saw.
Take photos and videos: Document the scene of the accident, including damage to your vehicle, any injuries, and the surrounding area. Photos of skid marks, debris, and traffic signs can also be useful.
Identify nearby cameras: Check for any CCTV cameras in the vicinity of the accident (e.g., from nearby businesses, homes, or traffic cameras). This footage could provide crucial evidence in identifying the hit-and-run driver.
Uninsured driver claims: If the driver is not identified or caught, you can report to the Motor Insurers’ Bureau (MIB) under the uninsured driver scheme. The MIB compensates victims of hit and run accidents against uninsured or untraceable drivers.
Seek legal advice: It can be beneficial to consult a personal injury solicitor who specialises in hit and run accidents. They can help you navigate the complexities of making a claim and ensure you receive the hit and run compensation you deserve.
Hit and run accident legislation
In the UK, hit and run incidents are taken very seriously, and several pieces of legislation cover the responsibilities of drivers involved in an accident, as well as the penalties for failing to comply with these responsibilities.
The Road Traffic Act 1988 is the primary piece of legislation governing road traffic offences in the UK. Several sections of this act are directly relevant to hit and run offences:
- Section 170: This section outlines the duty of a driver involved in a road traffic accident to stop, provide their details, and report the accident.
- Duty to stop: If a driver is involved in an accident that causes injury to another person, damage to another vehicle, or damage to property (including animals), they are legally required to stop at the scene.
- Duty to provide information: The driver must provide their name, address, and vehicle registration details to anyone with reasonable grounds for requesting them (e.g., the other driver, a pedestrian, or the police).
- Duty to report the accident: If for any reason, the driver does not exchange details at the scene, they must report the accident to the police as soon as reasonably practicable and within 24 hours at the latest.
Hit and run personal injury claims process
During your initial consultation, our specialist solicitors will provide you with legal advice about hit and run personal injury claims and will inform you about the relevant limitation rules.
Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.
During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.
If the at-fault driver cannot be identified or is uninsured, you may be eligible to make a claim through MIB under the Untraced Drivers Agreement. Our solicitors can help you fill out the appropriate forms and applications to ensure accuracy.
If we think that your injury claim would be likely to succeed, we will offer a no win, no fee basis; if your claim is unsuccessful, you won’t have to pay any legal fees.
Once your claim is filed, the defendant will be notified, and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.
How much compensation will you receive?
The amount of compensation awarded will aim to put the claimant in the position they were in before the accident that resulted in their injuries took place. The amount of compensation awarded will depend on the pain and suffering caused by the injury, as well as the severity.
General damages that could be awarded will also depend on the impact that the injuries have had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.
Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been forced to take time off work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed.
If you are involved in a hit and run accident claim, we advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings. You will also be entitled to statutory sick pay, which this evidence will help to prove.
Time limits for making a claim
In the UK, there are specific time limits, known as limitation periods, within which you must make a personal injury claim following a hit and run accident. These time limits are set by law under the Limitation Act 1980 and are strictly enforced.
The standard time limit for making a personal injury claim in the UK is three years from the date of the accident. This means that you have three years from the date of the hit and run incident to begin legal proceedings. If you fail to start your claim within this period, you are generally barred from bringing a claim to court.
The MIB has its own time limits for making claims. Generally, you must submit a claim to the MIB within three years of the accident. This aligns with the standard limitation period for personal injury claims.
It is important to note that for a claim to be valid through the MIB, the accident must be reported to the police as soon as possible, usually within five days for property damage claims and 14 days for personal injury claims.
Why choose Beacon Law?
If you have suffered a hit and run accident, a compensation claim may help you to get your life back on track. Beacon Law is a leading law firm of injury solicitors, offering expert legal advice and a range of road traffic accident claims services to our clients. We provide a high level of service to all our clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for accidents involving hit and run injuries.
We provide all hit and run personal injury claims on a no win no fee basis. This means that we can help you get the compensation you deserve without you having to worry about the costs of making a claim.
If you require advice for a hit and run claim, please contact us on 0330 1332 857. Alternatively, please complete our online form, and one of our solicitors will contact you to help you start your claim.
Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.
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