A story appearing in the North Wales issue of the Daily Post highlights the fact that there are still plenty of drivers out there who would not stop following a road traffic accident. Not only is this in breach of the law as the offence of “failing to stop” following an accident would be committed but also this could leave the driver of the other vehicle out of pocket.
The driver who appears to be blameless will have sustained expensive damage to their vehicle and even if the insurance company pays for the repairs a loss of an excess could be suffered and an inevitable increase in premium would follow.
On top of that it is usual in such road traffic accidents for injuries to be sustained including the very common but nonetheless painful whiplash injury to the neck.
How will the driver be able to recover their losses following such an accident?
At Lampkin & Co we assist clients regularly who have been the victims of such non fault accidents involving a hit and run driver and present their claims to the Motor Insurer’s Bureau.
The Motor Insurer’s Bureau was formulated when the Government of the day made road traffic insurance compulsory thus creating the whole insurance industry. When the Government did this they insisted that all the insurance companies contribute to a central fund, pro rata according to their market share, to a fund to compensate victims of untraced drivers. The driver in this case therefore will be able to present their losses to the MIB and if it is accepted that loss and damage has been caused by an untraced driver then compensation could be paid out for injuries.
This is not an ideal situation but at least would provide some recompense. If however the police are successful and find the other driver then the much more beneficial MIB Uninsured scheme would provide the victim with almost full compensation if it transpires that the other driver was uninsured.