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Is it fleeing the scene negligence?

I had an accident when I lost control of my Hornet because I was run off the road by someone who fled the scene. I had modest injuries and damage to my bike and leathers so I put a claim into the Motor Insurers’ Bureau. But they have rejected it saying just because the driver didn’t stop doesn’t mean the driver was negligent in causing my accident. He swerved into my lane causing me to take avoiding action! Can you help?

James Norman, by e-mail



The government body, MIB, will compensate victims of negligent untraced drivers. In order to succeed with such a claim you have to persuade the MIB that you sustained injury as a result of the negligence caused by or arising out of the use of a motor vehicle on a road or other public place.

So as long as you can establish negligence on the part of the driver you should be fine and your claim should be accepted. The MIB is correct that the fact the driver left the scene is not evidence of negligence in causing the accident. However, if you were established in your lane you were clearly there to be seen so the driver either did not look or did not look properly and undertook the manoeuvre when it was not safe.

I suggest you ask a solicitor to look at the papers as there is a 6 week deadline to appeal the rejection.



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