10th February 2014

Whiplash Claims and Untraced Drivers

If you have suffered whiplash in a road traffic accident that was not your fault, you are legally entitled to claim compensation for your personal injury. In an 'ordinary' case, you will make a claim against the person responsible for the incident, although the case itself will be handled by their insurance company. That is why it is so important to obtain the other party's details straight after the accident, including their name, registration and contact details.

However, what happens if you did not manage to get these details because the person at fault did not stop? Unfortunately, hit and run accidents are all too common on our roads, with drivers fleeing from the scene - often because they do not have valid insurance cover. If this has happened to you, you will understandably want to know what options are available to you, particularly if you have sustained a whiplash injury as a result of the accident.

Claiming against an untraced driver

If you have been injured in a hit and run accident, you are said to have been involved in an accident with an untraced driver. Evidently this will be extremely distressing for you and your loved ones. However, there is some good news, as the Untraced Drivers' Agreement means you will still be able to make a claim for the damages you have experienced.

Claims against untraced drivers do differ to typical cases, as you must take your case to the Motor Insurance Bureau (MIB). The is an industry-led organisation that ensures those injured by untraced and uninsured drivers are able to access compensation, just as victims of 'ordinary' claims are able to.

If you would like to make a claim against an untraced driver, you must take the following five steps:-

1.      Report the accident to the police within 14 days of the incident, or within five days if your property has been damaged;

2.      Report the accident to your own insurance company;

3.      Attempt to trace the driver. For example, if you or a witness managed to catch the registration number, you can ask the police, your insurance company or the DVLA to check the Motor Insurance Database;

4.      If you cannot trace the driver, contact a solicitor who is experienced at dealing with MIB claims. This does not have to be the solicitor your insurance company recommends;

5.      Allow your solicitor to manage the claims process on your behalf.

Whiplash solicitors in Dundee and Edinburgh

If you would like to discuss a whiplash claim with a personal injury lawyer, contact us at our Dundee or Edinburgh offices today on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) or fill out the online enquiry on the right. We will be more than happy to help you obtain the compensation you deserve.

Back to News & Legal updates