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Hit and Run Accident Compensation Claim
Filing a claim against those that ran
It is unfortunate but a growing trend that when involved in an accident a driver simply drives away. For the person involved in the accident, this adds to the trauma of the collision. When a hit and run occurs victims are generally encouraged not to file a claim by insurance companies and other parties. However, there are options in getting compensation and you should file for compensation if you have been involved in a hit and run accident. Typically, a hit and run collision will result in one of two ways.
If the person responsible for the collision is apprehended by the police
As it is illegal to hit and run, if the person is apprehended by the police, then your chances for compensation on a hit and run claim are substantial. Ensure that you file a hit and run incident with the police as soon as the event occurs if possible. When such claims are filed, the person involved and responsible for the claim is held liable for all the compensation which the court may award to you.
What to do if the responsible party cannot be found?
Do not be discouraged if the responsible party cannot be found. In the event that the driver responsible cannot be found or in the event that the driver does not have the appropriate insurance, you can still file a claim. You will have to do so with the MIB (Motor Insurers Bureau). The MIB was specifically designed to provide compensation for hit and run accidents involving cases where the responsible driver cannot be found.
What can I expect when filing a Hit and Run compensation claim with MIB?
When you file a claim for hit and run, the MIB will investigate the claim and gather any information related to that claim. Primarily, the police report, witness reports, and any documentation concerning medical care may be used in the investigation. Upon finishing the investigation the MIB will make a decision regarding your compensation. You are allowed to appeal this decision if you are denied compensation or if you do not receive the compensation you deserve.
Should you file a hit and run accident compensation claim?
Hit and run claims are based upon determining the liable party. Even if the driver of the other vehicle fled the scene, you may not be entitled to compensation if the party was not the cause of the collision. However, if the other driver was the cause of the collision then you should file a claim. You can file on the behalf of another only if that person is a legal dependent.
If you have sustained any injury which was a result of a hit and run accident, you may have grounds for a claim, especially if the injuries have been documented by a doctor, nurse, medical staff or a practitioner. Those which have had a spouse or a child suffer a fatality as a result of such a collision definitively have grounds for a claim.
Considerations for filing your compensation claim
Compensation claims are based upon the time in which you file the claim in relationship to the time of the accident. When filing a hit and run claim, you need to first try to find the responsible driver through the police. If the police locate the driver then a claim against the driver can be filed. However, if you cannot find the driver you will need to file a claim with the MIB within the time frame allotted to make a claim. Our team will ensure that the document is filed at the correct time and professionally.
Claims are based upon the negligence of the other party, the damages sustained from the incident, the probability of the accident occurring, as well as other variables. You cannot file compensation for property damage unless the vehicle (not the driver) which caused the damage is found. The MIB claim must be within 3 years of the accident. However, the longer you wait the less likely you are to have a successful claim.
Any injury sustained as a result of a hit and run accident should be diagnosed by a professional diagnosis of a doctor, nurse, medical staff, or practitioner. If you have already received diagnosis and treatment you should continue to follow the instructions of your medical professional. Never attempt to extend your injuries in an effort to get more compensation. This is both dangerous to your health as well as illegal.
Have you been the victim of a Hit and Run accident? We can help.
If you have been involved in a hit and run and have sustained injury due to another person’s negligence and would like to file a claim please contact us. Our team of professionals will evaluate your case one-on-one to evaluate the circumstances of your case and present you with the options to get you the compensation you deserve.