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.

 

 

The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.

Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.

Copyright

Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.

Privacy Statement

Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.

© Blackadders LLP 2011

Members of the Law Society of Scotland. Authorised to conduct Investment Business under the Financial Services & Markets Act 2000 by the Financial Services Authority.

Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.

Back to News & Legal updates