I was recently involved in a hit and run collision in which the other driver was negligent, because of which I fractured several bones. I wish to claim compensation for medical costs, but are fractured bone claims possible if the negligent driver is unknown?

Fractured bone claims are still possible if the negligent driver is untraceable — however the procedure that you will need to undergo will be slightly different. If you have been the victim in a hit-and-run accident, your first step after receiving medical treatment is to report the accident to the police. They will have great interest in tracing this driver as leaving the scene of an accident without exchanging contact or insurance details is a criminal offence. This driver can be traced through a variety of sources, whether this is via CCTV or roadside cameras, eyewitness accounts or though the licence plate number, even if only partial.

If the driver is found, your fractured bone claims can go ahead in the normal manner against the insurance policy of the negligent driver. However it is possible that the driver cannot be traced or is uninsured (which may have been the reason they fled the scene of the accident in the first place). If this happens, the claim for compensation can be made against the Motor Insurers’ Bureau (MIB). The MIB was established in order to provide the victims of negligent drivers who are uninsured or untraceable with compensation. However it should be noted that the MIB is funded by insurance companies, and consequently they may not be immediately willing to provide you with compensation. It is possible that your claim may be challenged, which could be through allegations that you were partially responsible for your accident or that you contributed to the extent of your injuries. The MIB will also want reassurance that everything has been done in order to trace the unknown driver or determine that the driver was uninsured.

Dealing with the MIB can be difficult, particularly when you are already recovering from your injuries. For this reason, you are advised to consult a personal injury solicitor in order to represent the claim on your behalf. Your solicitor can also determine the amount of compensation to which you may be entitled, the strength of your claim and assist in gathering the evidence in order to support your claim. As this evidence may fade over time and a limit of three years exists in which to make a claim — according to the Statute of Limitations — you are advised to consult a personal injury solicitor at the earliest opportunity if you wish to know more about making fractured bone claims.