We’ve written previously about what to do if you’ve been involved in an accident. It’s never a pleasant situation, but providing you and your equipment are not too badly damaged, knowing there’s a route to compensation through compulsory insurance can be reassuring – at least in terms of any financial hardships. But you might be wondering “What to do if I’ve been knocked off my bike in a hit and run?”
That’s where the Motor Insurance Bureau’s Untraced Drivers’ Agreement steps in.
About the Motor Insurers’ Bureau
The Motor Insurers’ Bureau are a non-profit company. They are funded by every insurer who underwrites compulsory motor insurance, by levies placed on their clients’ premiums. They enter into agreements with the UK Government to compensate victims of accidents caused by uninsured or untraced drivers.
What do I need to do at the scene, if I’ve been knocked off my bike in a hit and run?
You should follow as many of the usual procedures for if you have been involved in an accident as possible. However, some will not be possible.
Exchanging details with a driver who has left the scene is obviously impossible. It’s still important to get whatever information you can. Any or all of the following will help: –
- Colour of vehicle;
- Description of driver.
If you can get photographs, witness evidence or CCTV, even better.
It’s also important that you report the incident to the police as soon as possible. Firstly, because you need to to make a claim via the Untraced Drivers’ Agreement, and secondly, because leaving the scene of an incident is a criminal offence.
If you can, it is worth trying to track down the driver. If you locate them and they have insurance, you can submit a claim to their insurer. Even if they don’t have insurance, you can submit a claim via the Motor Insurers’ Bureau’s Uninsured Drivers’ Agreement with their details. This has slightly better terms for the person submitting a claim.
How do I submit a claim if I’ve been knocked off my bike in a hit and run?
You can submit a claim yourself, directly to the Motor Insurers’ Bureau, but you are entitled to legal representation. A solicitor will help you submit your claim and advise you what compensation you are entitled to.
It is best to submit a claim as soon as possible. If compensation is being claimed for a physical injury, it must be submitted within three years of the accident occurring. If the claim is for property damage only (no injury), the time limit is 6 years.
The person making the claim must prove that their injuries and any other losses were caused by the other person. This usually requires a witness statement, medical evidence and evidence to support any financial losses.
What can I claim if I’ve been knocked off my bike in a hit and run?
The Motor Insurers’ Bureau will assess your claim in a similar way to an ordinary claim, but there are some important differences.
The main difference is how property damage is assessed. The Motor Insurers’ Bureau will only pay for property damage where the other vehicle is identified, or ‘significant personal injury’ has been caused, although it doesn’t have to be the person making the claim. If property damage is compensated because of a significant injury, a £400 excess can be applied.
Another big difference is that it is not possible to issue court proceedings. When an agreement cannot be reached, the claim will go through a process called Arbitration instead. A solicitor will help and guide you through this process.
How do I get started?
If you’ve been involved with an accident and know or suspect that the driver at fault was uninsured, contact our team. We provide legal representation, in claims against hit and run drivers on a no win no fee basis. A 25% fee is charged in successful cases, which is payable from any compensation that is awarded.