‘NO NAME, NO NUMBER’ – DEALING WITH HIT AND RUN ACCIDENTS

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

Brophy Solicitors

THEY SAID I DON’T NEED A SOLICITOR!

All too often clients involved in personal injury claims seek urgent legal assistance in relation to their claims. When I ask why they left it so late to come to a solicitor the answer is all too familiar – “they said I don’t need a solicitor”. Oftentimes clients feel that they are put under pressure to accept a fast settlement offer from an insurance company to avoid the “huge” legal fees if they involve the solicitors!

Solicitors, like myself, who specialise in personal injury are well placed to advise you if a settlement offer is fair and to let you know what options are available to you if it isn’t. Your solicitor represents your interests and will make every effort to get the best possible outcome for your case. 

In Ireland the majority of claims must now be taken to the Injuries Board. The most common pitfalls encountered in this process are as follows:- 

- Failing to submit the claim within the timeframe allowed

- Failing to submit sufficient detail on the claim form

- Sending in a report from a consultant or GP that is not up-to date or fails to address your injuries and how they affect you.

- Accepting the Injuries Board claim only to realise your injuries did not improve as had anticipated by your doctors report

- Submitting documentation that may be considered misleading resulting in your claim being dismissed and even criminal prosecution.

This is just a small number of common pitfalls. Sometimes it may not always be necessary to instruct a solicitor however more often than not it is in your best interests to proceed with an experienced solicitor.

If you have been involved in a car accident, accident at work or slipped, tripped and fell through no fault of your own, then please do not hesitate to contact me at laura@brophysolicitors.ie

Laura Gillen

Brophy Solicitors