I was on cyclechat.net today and made a response to this thread and
thought I would share with you the information I was able to give the
poster.
After offering my sympathy and expressing my low opinion of hit-and-run
drivers I explained that I am a cyclist but also a solicitor specialising
in cycling claims.
I could see that the poster had already spoken to a legal representative
which is the sensible thing to do, and I am sure that they will have
already provided the poster with some very sensible advice.
In a situation such as this where a hit-and-run driver is responsible it
is vital that the victim reports the accident to the police as soon as
possible, which I could see the poster had already done. If involved in a
hit-and-run a person should try to make sure that they get the name of
whichever police officer or representative they have spoken to, together
with full incident reference numbers so that reports can be traced later
if needs be.
The police will try to trace hit-and-run drivers and, if they are able to
do this, then any personal injury claim and claim for any damage to
property (for example the cycling trousers) can be pursued by a solicitor
directly against that individual.
In reality however, it is often impossible for the police to trace the
driver responsible in a hit-and-run if the accident was not caught on CCTV
or if there were no witnesses. If that were the case then the poster may
be in a position to pursue a personal injury claim against the Motor
Insurers' Bureau (MIB).
The MIB are a central organisation funded by all of the motor insurance
companies. It is their role to compensate the victims of uninsured and
untraced drivers.
In the poster's situation, if the police are unable to trace the
responsible driver, it is likely that the MIB may agree to compensate
them. Certain solicitors may be able to help in submitting a claim to the
MIB however, as the costs which the MIB pay are very limited, not all
solicitors are prepared to do this.
There are a number of criteria which need to be met for a claim to the MIB
following a "hit-and-run" accident to succeed. Importantly, a claim for
personal injury must be reported to the police within fourteen days of an
accident and if there is a claim for property damage (i.e. the damage to
the cycling trousers) it must be reported to the police within five days
of an accident.
It is therefore best practice to report to the police, and to get
reference numbers, as soon as possible following an accident. If a
hit-and-run has not been reported to the police within these time scales
then, potentially, the MIB may reject to deal with a claim outright.
The MIB will investigate the circumstances, make enquiries with the
police, try to contact any witnesses et cetera. If the MIB are able to
track down the responsible driver then they will say the claim must be
re-directed, otherwise the MIB may agree to compensate for injuries and
will obtain a medical report to assess the appropriate amount of
compensation.
The important thing to remember following any hit-and-run incident is to
report it to the police as soon as possible and thereafter seek legal
advice urgently. It is possible to submit an MIB claim to the MIB directly
without using a solicitor, however, a solicitor will be able to provide
advice upon any technical arguments raised by the MIB and upon any offers
put forward by the MIB.
