Most of us know what to do when we are in an accident involving another vehicle, but what happens when the other vehicle does not stop? Or you fail to get insurance details? Or you are given false contact details? How do you pursue compensation when the other party is literally untraceable?
This week’s article is prompted by a number of queries I received recently about what to do in circumstances involving hit and run accidents.
Clients often think that because they are not able to locate the driver of the vehicle they can not make a claim for injuries sustained. This is not true - there are avenues available to you to take a claim despite not knowing how to locate the owner of the vehicle or indeed not even knowing the type of vehicle!
So here’s what you need to do should you find yourself as the unfortunate victim of a hit and run accident.
- Seek immediate medical assistance. No matter how minor you may feel your injuries are it is always best to err on the side of caution.
- Report the incident to the Gardaí as soon as possible after the accident occurs. Wait at the scene of the accident but remove yourself from any immediate danger.
- Give the Gardaí as much information as possible and take photographs of the scene if possible.
The Motor Insurers Bureau of Ireland (MIBI) compensates victims of accidents caused by uninsured and unidentified vehicles. This main function of MIBI is regulated by the terms of an Agreement with the Minister for Transport (2004). This Agreement gives rights to a person who sustains loss or is injured in a motor accident caused by an uninsured or untraced motorist.
All insurance companies underwriting motor insurance in Ireland must - by law - be members of MIBI and contribute to funding for claims in proportion to market share.
The terms of the 2004 Motor Insurers Bureau are very strict. Claims can fail unless you comply with these strict terms. The claimant must be aware of his/her obligations before making a claim. If you are not aware, then your claim could fail. You should contact me at Brophy Solicitors immediately and particularly in advance of submitting any claim to the InjuriesBoard.ie which involves an uninsured or untraceable driver.
You can email me at laura[at]brophysolicitors.ie or telephone me at 01 6797930.
Laura Gillen
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