Section 170 of the Road Traffic Act 1988 applicable to Scotland, England and Wales legally requires a driver to stop after being involved in a traffic collision resulting in damage or injury. Refusing or to do so is a chargeable offence (leaving the scene of an accident).
Section 170 of the Road Traffic Act requires that a driver must give details of Name, address and vehicle registration if requested to do or otherwise report the accident to the police even if it is a civil matter involving only damage to property. Refusal or failure to do so is also an offence.
There exists however individuals who panic or are engaged in criminal activity and they will refuse to stop or leave the scene before the arrival of the police.
If you have been involved in a collision with a Hit and Run driver or a an untraced driver who has given false details then it is not possible to pursue a civil claim as there is no identifiable defendant.
Fortunately the Untraced Driver Agreement makes it possible to apply for compensation from the MIB
There exist two important criteria when pursuing this type of clam:
It is essential to report the hit and run or untraced driver to the police within 24 hours of the incident taking place. Failing to do so can lead to difficulties when making a claim with the MIB.
Full legal fees are not recoverable for this type of case. In this type of case we will in all likelihood enter into an agreement whereby if you claim is successful then an agreed percentage would be deducted from your claim award. This deduction would cover the legal fees and disbursements if however your claim is unsuccessful you will not be charged for the work carried out on your behalf.
If you require any further information on the above please contact one of our claims advisors.