In her second informative article for EWW Horse Solicitor Hanna Campbell talks about riding injury resulting from an untraced driver and how to make a claim if you are injured.
If you have an equine accident related question for Hanna please email us at firstname.lastname@example.org
At HorseSolicitor we are passionate about increasing access to justice for injured riders and one of the ways that we do this is through education. It is a common misconception that it is not possible to pursue a claim for injury if the driver responsible for frightening the horse leaves the accident scene and remains untraced. This is not true. By raising awareness of a Claimant’s right to compensation it is hoped that more victims of negligent untraced drivers will be compensated.
Our clients often sustain injures that prevent them from returning to work and render them unable to care for their horses. It is important that individuals who find themselves in this situation are aware of their rights and provided with the legal advice/representation and support to enable them to put their lives back together.
In cases where the person responsible for an accident drives off or cannot be traced it is still possible to claim compensation if the accident results in personal injury. In such cases we do not know who the person responsible for the accident is and therefore cannot obtain their insurance details to make a claim against their insurer.
However, an organization called the Motor Insurers’ Bureau (MIB) exists to compensate victims of negligent untraced drivers (and uninsured drivers). MIB claims are subject to different rules and timescales to standard personal injury road traffic accident claims and expert advice is essential to avoid falling foul of the pitfalls. It is vital that the accident is reported to the police immediately in these claims because the MIB can reject claims that have not been reported to the police within a strict time frame. The police report will be obtained as evidence of the third party’s existence and negligence so a detailed account of what happened should be provided to the police at the earliest opportunity.
HorseSolicitor specialises in MIB untraced driver and hit and run claims.
Types of claims that can be made to the MIB under the untraced drivers’ agreement include:
– Hit and run accidents
– Driver spooking a horse resulting in injury but failing to stop
– Objects negligently deposited on the road arising out of the use of a motor vehicle which results in injury
The MIB frequently rejects valid claims at first instance leading to the requirement to appeal to an arbitrator (one of 5 QCs) who will provide a Preliminary Decision on paper. There is then a further right to Appeal (oral hearing). One of HorseSolicitor’s Directors handled the first ever oral hearing and we have dealt with dozens of appeals. Solid MIB expertise is required in these claims.
Two of our recent wins were appeal cases against the Motor Insurers’ Bureau’s (MIB) decision to reject riders’ claims. Read more here:
If you have been involved in a road traffic accident or have any questions call us now on 01446 794196.