I was recently involved in a car collision which was the fault of the other driver, and in which I suffered a dislocated shoulder. However the car drove away before I could obtain details. Can I still claim shoulder injury compensation?
You will be entitled to claim shoulder injury compensation as long as it can be proven that a negligent third party is liable for your accident and injury. However it should be noted that if the driver cannot be traced — or if uninsured — the process for claiming compensation will be different. You should always ensure after a hit-and-run accident that the police are notified of what occurred, whether they attended the scene of the accident or you informed them afterwards. A criminal offence has taken place, and the police have additional reason to find the negligent driver. They can be tracked through CCTV footage, the testimony of witnesses and even if you only captured a fraction of the licence plate this will be of help.
If the driver has been found and is insured, the claim for shoulder injury compensation can be made in the usual manner against the insurance company of the driver. It is also possible that the driver cannot be found or is uninsured — which could be the reason they fled. If this occurs, it is still possible to claim compensation for your injury through the Motor Insurers’ Bureau (MIB). The MIB was set up in order to provide a source of compensation for the victims of unknown or uninsured drivers.
However it must be remembered that the MIB are funded by insurance companies, and as a result they will not be willing to provide shoulder injury compensation easily. They will want to establish that the driver who fled the scene of the accident was negligent and liable for your injuries. They will also wish to ensure that every effort has been made in order to trace the driver, or establish that they are uninsured. As dealing with the MIB can be difficult, you are advised to consult a personal injury* solicitor who can assist with your claim.
Your solicitor may also be able to advise you on the strength of your claim, determine whether it is worth pursuing and establish the amount of compensation to which you may be entitled. It should be remembered that gathering evidence to support your hit-and-run accident claim may take some time, as can the police investigation and dealing with the MIB. A time limit of three years exists in which to make a claim, because of which you are advised to consult a personal injury* solicitor at the earliest opportunity.