A hit and run is a road traffic accident in which a driver intentionally leaves the scene without leaving their contact and insurance details, leaving them effectively unidentified and untraceable.
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Unfortunately, this occurrence is more common than you might think and usually occurs when the other driver does not have valid insurance and wants to avoid Gardaí involvement, or in cases where the accident was their fault, simply does not want to face consequences of their actions. Following most car accidents, a claim for damages is made by the other party’s insurance provider. However, where a person flees the scene of an accident without leaving their details, you may still be able to make a claim through the Motor Insurers’ Bureau of Ireland (MIBI). The MIBI was set up to compensate victims of road accidents that were caused by uninsured or unidentified drivers.
The MIBI claim scheme is set up to cover personal injury claims regardless of whether the vehicle at fault is identified or not or is insured or not. Vehicle and property damage claims are also covered by the organisation but in order to make a claim for this, a valid registration plate must be identified. The MIBI carry out their own investigation when they receive your claim. It is advisable to contact a solicitor if you are unsure of how to claim for a hit and run accident as they will be best placed to represent your interests when submitting a claim to the MIBI.
Common injuries sustained in hit and run claims have included:
Causes of hit and run claims have included:
Speeding is one of the most common causes of road traffic accidents. If another driver is driving above the speed limit they are more likely to cause an accident as they may lose control of their car and hit another driver. In such cases, injuries may be more serious as with high speed may come harder impact and less time for the other driver to react.
There is a universal expectation that all road users will obey the rules of the road, however, there are times when people will ignore the rules and accidents can occur. Injuries will depend on how fast both parties are travelling and the circumstances of the accident.
There is a common expectation that all road users will obey the traffic lights. If any rules are broken the lives of others are put at risk. In a recent Motor Insurance Poll carried out by the AA, 7.6% of drivers in Ireland break red lights at least occasionally. With oncoming traffic, if somebody breaks a light the liability may rest with them if they caused an accident.
Driver fatigue is a common cause of car accidents, particularly for those driving longer distances or those driving at night. Fatigue can lead to poor reaction times and reflexes while driving and in extreme cases can lead to a driver falling asleep at the wheel causing an accident. This can be a common cause of a hit and run accident as drivers may not be fully aware of the surroundings.
One of the most common causes of road traffic accidents is a driver using their phone behind the wheel. Since 2014, the use of mobile phones while driving has been illegal. Using a phone can distract a person in a number of ways and cause them to drive outside of their lane, become distracted and can also affect the speed they are driving at. This is a common cause of hit and run accidents as the person liable may not want it to be known that they were using their phone.
In most recent stats published by the Health Research Board, Ireland is among the highest alcohol consuming countries in the EU. According to RSA’s most recent report, 38% of all fatalities and other road collisions involved drivers who had consumed alcohol. Alcohol and drugs impair a person’s driving ability and increase the risk of a collision. People who drive at the legal limit are 6 times more likely to be involved in a collision. When you drive under the influence you are breaking one of the most important rules of the road. This is commonly associated with hit and run accidents as people who cause an accident as a result of drink driving will not want to be found above the legal limit.
Following a road traffic accident, whether as a driver, passenger, pedestrian or cyclist, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after a road traffic accident, take a second to assess yourself to determine if you have any injuries. Then check if any passengers or anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you gather all the relevant information in connection with your accident:
Regardless of how minor or serious the road traffic accident was, it is important that you call the Gardaí to report the accident immediately.
For minor accidents, the Gardaí may tell you that they will not be attending the scene. In this scenario, the appropriate information should be exchanged. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident.
For more serious road traffic accidents, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses.
If you are the driver of the vehicle involved in a road traffic accident it is important to inform your own insurance company so they have a record of the accident.
If you are considering moving forward with a road traffic accident claim for any personal injuries sustained it is advisable that you speak with a road traffic accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A road traffic accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist road traffic accident solicitor to help you with this.
When you decide you want to move forward with your road traffic accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the road traffic accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.
As soon as your solicitor has gathered all the information, your road traffic accident claim will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your road traffic accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a road traffic accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a road traffic accident.
Special damages are out of pocket expenses incurred as a result of the road traffic accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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