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Hit & Run and Spooking Claims
In claims where the third party, responsible for an accident, cannot be traced, it is still possible to claim compensation. In these cases, we do not know who the third party is and therefore cannot obtain their insurance details to make a claim against their insurer.
Who will compensate me for my injuries and financial losses?
The Motor Insurers’ Bureau (MIB) is an organisation which exists to compensate people that have been injured by negligent drivers, who are either untraced or uninsured. A small portion of the money paid for all car and motorbike insurance policies goes to the MIB who act as an insurer of last resort.
Does the vehicle actually need to hit me or my horse (Spooking claims)?
No, the vehicle does not have to make contact with either you or your horse. While these accidents are referred to as a “hit and run”, it’s just as negligent to run spook a horse by driving past too close or too quickly as it is to crash into them.
What should I do if I’m the victim of a hit and run?
Call the police as soon as it is safe to do so. If you’re injured, but able to talk, ask someone else to call the police.
If you’re able to, you should also check to see if there are any witnesses or if the area is covered by CCTV.
Can I claim if there are no witnesses?
Yes, but if there are no witnesses then calling the police straight away is even more important, ideally from the scene.
Despite the requirement to notify them, the police report after an accident is often far less detailed than people expect. Where there isn’t a fatality or a very serious injury the report can be as little as a few lines so it’s useful to get any evidence you can yourself.
Most people have a camera phone handy these days so it’s worthwhile if you can take some pictures of the scene. Are there any hoof marks on the road? Where did the horse end up? These sorts of pictures can make all the difference.
Are MIB claims the same as normal personal injury claims?
Definitely not. MIB claims are subject to very different rules and timescales to standard road traffic accident claims and expert advice is essential to avoid falling foul of pitfalls.
HorseSolicitor’s hit and run claims solicitors specialise in MIB untraced driver claims and appeals, dealing with dozens of such claims at any time.
What if the driver is identified after I’ve started my claim?
Ideal, if anything you are likely to end up with more compensation. The MIB can compel the newly identified driver’s insurance company to deal with the claim and we continue the claim against them instead. You won’t need to do anything and the switch over is straightforward.
What if my claim is rejected?
The MIB frequently rejects claims which it shouldn’t. We have a very strong track record of successfully appealing the MIB’s decision in such matters.
If on appeal they still get it wrong we can take the MIB to an oral hearing. One of HorseSolicitor’s partners handled the first ever oral hearing against the MIB. Solid MIB expertise is required in these claims.
Can you take over my claim from another solicitor?
Most likely. We take over a lot of claims from non-specialist solicitors. It will depend where you are in the process. We’re happy to review your former solicitor’s file at no cost to you before letting you know if we can take over.