Non Fault Accident - Should I claim?

stalkah

Hi All,


Not sure if this is in the right area of the forum or not.


Last Thursday I was driving home from work when I met another car on the wrong side of the road drifting around a corner. Unfortunately I swerved to avoid them and went down a ditch and hit a tree


The other driver did not stop and as they were sideways I didn't get the registration plate, but there was a witness who saw the accident.


My car is a company car and they're dealing with it through their insurance but what I'm wondering is should I claim for the injuries I've sustained, which consists of a possible broken nose, heavy bruising to an elbow, and serious bruising across my stomach from the seat belt. I've also been suffering with aches and pains since, which has resulted in not being able to get comfortable at night so seriously lacking sleep atm.


If I was to make a claim is there any channels that are better to go down?


I was reading some where that suggests even if the other driver can't be traced I can still make a claim due through the Motor Insurance Bureau?


Thanks in advance

Captaincodpiece

You've reported this all to the police have you?

stalkah

Yes police were called to the accident along with paramedic who discharged me at the scene.

neilmcl

Who is the witness, eg are they independent?

InsideInsurance

Did the witnesses get the registration of the third party?

If they remain untraced then the MIB is your only possible course of action to make a claim for your injuries and it will be dependent on the witness statements as the MIB will defend the other vehicle even though they cannot be traced.

I vaguely remember that the MIB have a minimum level of injury they will consider under the untraced driver agreement when the TP vehicle cannot be identified either but will await someone with more recent experience to clarify

AdrianC

Why would your injuries NOT go on the same claim as the damage to the car, no matter whose insurance it's going on?

InsideInsurance

AdrianC wrote: »

Why would your injuries NOT go on the same claim as the damage to the car, no matter whose insurance it's going on?

As you cannot claim from your own insurance for your own injury. Its an uninsured loss and can only be claimed from the at fault party

The MIB doesnt cover property damage when the vehicle is untraced and so the OP may well be limited to only claiming from their own/company insurance for the vehicle damage

Captaincodpiece

AdrianC wrote: »

Why would your injuries NOT go on the same claim as the damage to the car, no matter whose insurance it's going on?

Because usually the driver is the only occupant not covered on the policy for personal injury.

stalkah

Yes the witness is independent, unfortunately they didn't get the registration plate of the vehicle


I've been told by work I wouldn't be covered on the car insurance for my injuries

Captaincodpiece

stalkah wrote: »

Yes the witness is independent, unfortunately they didn't get the registration plate of the vehicle


I've been told by work I wouldn't be covered on the car insurance for my injuries

Time to move on then.

If the mib have a limit you'll no doubt be under their minimum claim.

Aretnap

The MIB's website says that in the situation where neither the driver nor the car is traced it will only pay for property damage if it's also accompanied by significant personal injury (defined as a hospital stay of at least 4 days) - so you won't be able to claim for the damage to the car through the MIB and you're left with claiming on your own/your company's policy.

However they don't mention any minimum level of injury before they'll deal with the injury claim itself, so AFAIK you should be able to make a claim for your injuries from them. Certainly it's worth making inquiries.