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No fault accident where police have numberplate but are unable to trace driver: do I risk legal costs?

by murdom — last modified 2007-04-16 16:20

I was involved in a car accident in February, which wasn't my fault, resulting in a neck and shoulder injury and my car almost being written off. I reported the accident to the police immediately as the transit van involved had failed to stop at the scene. I was able to note the number plate of the van and obtain a witness report. My insurance company agreed to my car being repaired and placed my case in the hands of their solicitors. I am undergoing medical treatment for my injuries and have recently had to have an independent medical examination too. My solicitors and the CJU-Police have been unable to trace the driver of the van, although they were able to trace the insurance company and the van is licenced. I have now been told that my case may have to be referred to the MIB and I am worried that I will have to fund this. Are there no other avenues that the police,solicitors and my insurance company can take in tracing this driver? I assumed that by giving the vehicle reg number and having a DVLA check, that this would be enough to trace the driver. It appears that the van is registered under a company name yet the police would not send out an officer to the address given, as the van was registered in Hertfordshire and the accident happened in Essex! Why is that?. If anyone out there has any advice to give me it will be greatly appreciated as I feel let down by all of the organisations that are supposed to be there to help me.

If the vehicle registration number has been positively identified, the insurers of the vehicle would normally be liable to pay the claim. If not the MIB would deal with presumably under the Untraced Driver agreement.

If you have legal expenses insurance, then whether or not the claim is dealt with through the MIB or the vehicle's insurers, you should not be obliged to pay any legal fees.

If you do not have legal expenses cover, one of the Roadside Lawyer solicitors will deal with the matter on your behalf on a No Win No Fee agreement and will recover costs from the MIB or the relevant insurers. We may, if necessary, appoint an accident investigator to identify the driver on your behalf. Again there will be no risk of costs to you. Please contact us if you wish to proceed further in this regard.

Either way, you should not be liable for legal fees in pursuing the claim.

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