Whiplash Claims Against Untraced Drivers

If you suffer a whiplash injury in a road traffic accident and the other driver flees the scene

, you will probably have a number of questions that you need answering. For example, what action should you take? Can you, as the victim of a hit and run accident, still claim compensation? And if so, does the process of claiming against an untraced driver differ from 'ordinary' whiplash claims?

In this article we take a closer look at these questions, helping you to understand your legal position with regard to untraced drivers.

Can You Still Claim Against An Untraced Driver?

Many people who are involved in an accident with an untraced driver are concerned that they will not be able to make a claim. However, in the UK this need not be a worry: all victims of personal injury have a legal right to claim compensation for the injuries they have wrongfully endured, even if the driver cannot be identified. This compensation is intended to recompense for the pain and suffering that has been caused, as well as to recover any finances that have been lost as a direct result of the accident.

Whiplash and Untraced Drivers: What Action Should You Take?

Ordinarily, a whiplash claim is made against the other driver's insurance company. But if the driver leaves the scene before you have obtained the necessary details (such as their name, contact number or registration number) then it may not be possible to trace the driver at fault. If so, the Motor Insurance Bureau (MIB) will deal with your whiplash claim.

Established in 1946, the MIB ensures those injured by negligent uninsured or untraced drivers are still able to receive compensation. The Untraced Drivers Agreement 2003 specifically protects the rights of anyone who is harmed or has their property damaged by a hit and run driver.

If you have suffered a whiplash injury, you need to take the following steps:-

1. Report the accident to the police as soon as possible;

2. Report the accident to your insurers. They will be attempt to trace the driver through the Motor Insurance Database;

3. Contact a solicitor who is skilled at dealing with untraced driver claims;

4. If the driver still cannot be traced, your solicitor will make a claim on your behalf through the Motor Insurance Bureau.

Have You Been Hit Untraced Driver?

If an untraced driver has caused you to suffer whiplash, you need to speak to a lawyer with the necessary skills and expertise.

by: Nicholas Jervis

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