Can I claim after a hit and run accident?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I claim after a hit and run accident?

    If you are injured after a road traffic accident that wasn’t your fault, normally you can make a claim against the other driver. However, if you are injured by a hit and run driver, things become a little complicated. If you discover who the driver of the other vehicle was, it may turn out that they were not insured, which means that they will have no means to pay you damages. However, if you are injured following a hit and run incident, always call a personal injury solicitor, as they may be able to help you make a claim.

    Hit and Run

    Hit and run is the name given when a driver of a vehicle refuses to stop after an accident. Failing to stop is against the law, so all hit and run incidents should be reported to the police. If possible, make a note of the car number plate, which can help the police track down the driver. Failing that, try to get a description of the car (make, model, colour, etc.) and if possible, of the driver.

    Claiming

    If the police manage to trace the driver of the vehicle, you will be able to make a claim against their insurance company for personal injury. With a hit and run incident, proving responsibility is normally much easier, as a court may well decide that because the driver failed to stop, it is likely that he or she was responsible. However, many drivers fail to stop after an accident because they are uninsured. Even if this is the case, a personal injury solicitor can still help, as you can make a claim for damages from the Motor Insurers Bureau (MIB). The MIB has an Uninsured Drivers Scheme for such eventualities.

    Criminal Compensation

    While failing to stop after an accident is a crime, unfortunately injuries sustained in hit and run incidents do not qualify for Criminal Injuries Compensation. Therefore, if the driver of the vehicle cannot be traced, it is unlikely that you will be able to claim damages. However, if you are victim of a hit and run incident and suffer an injury, speak to a trained legal specialist as soon as possible, as they may be able to assist you in tracing the driver.

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