Claims involving Uninsured or Untraced Drivers

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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

    Claims involving Uninsured or Untraced Drivers

    If you’ve suffered an injury, or had property of yours damaged thanks to the negligence of an uninsured driver, you may be surprised to hear it is still possible to make a claim for compensation. This also applies should you not know the identity of the diver responsible, as is often the case in ‘hit and run’ incidents.

    Even a fairly minor road accident can result in injuries which can cause major disruption to your life, so if you’ve been unlucky enough to suffer in this way it’s only right you can seek compensation. The fact the other driver was irresponsible enough to be driving without insurance, or callous enough to just keep on driving after the accident, shouldn’t stand in the way of justice being served. Fortunately, the powers that be agree with this conclusion, and implemented the Motor Insurers Bureau (MIB) in 1946, to ensure recompense is awarded to entitled drivers. The MIB is a government appointed, yet independent, agency funded via payments sourced from every UK insurance company.

    Cases dealt with by MIB vary slightly from those handled by the courts or an insurance company, in that there tends to be fairly rigid parameters around the amount of compensation a claimant is likely to receive. Whilst cases like this can be fought on a no win no fee basis, there is a chance some of any compensation awarded might have to be used to cover legal fees. When you consider this alongside the fact the MIB has an excess figure of £350, it’s clear that cases not involving personal injury, or damage equating less than £1000, probably aren’t worth pursuing with the aid of a solicitor. An injury lawyer will give you a totally honest appraisal, and will only persue your case if they genuinely feel doing so is in your own best interests.

    Whilst the technicalities of cases involving uninsured or untraced drivers may differ slightly from those of other cases, the basic principles are exactly the same. If you’ve been injured and it was your own fault, the only thing to do is pick yourself up and try and learn a lesson. If, on the other hand, another party’s negligence was to blame for your suffering, you’ve got every right to receive compensation. Not only will such reimburse you for immediate expenses such as medical bills and travel costs, but the awarded sum will also include an amount based on the type, and severity, of your injuries. The degree to which you’ve suffered will also be considered.

    No amount of money can truly make up for pain and suffering, but compensation can help you to put your life back on track, and might go some way towards restoring your sense of justice and fairness.

    If you feel you’ve been injured, or suffered loss, as a result of an uninsured or untraceable driver, then call free on 0800 234 6438 today and a trained legal adviser will listen to the details of your case. They can then determine how successful your claim is likely to be. Whilst it is possible to approach the MIB yourself, putting forward a case can be a time consuming, daunting and stressful procedure. Employing the services of an experienced and knowledgeable personal injury solicitor could aid your chances of securing compensation.

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