Drunk Driver Car Accident: RTA solicitor sets out how to claim car accident compensation if you are hit by a drunk driver who is not insured causing vehicle damage and back, neck and whiplash injuries.
Find out in a question and answer session how it is still possible to claim compensation when you are involved in a car accident with a drunk driver who is not insured.
Drunk driver car accident victim question
I was parked outside of my house with my wife as a front seat passenger and my two children aged 10 and 5 as rear seat passengers .We had just pulled up and were chatting before getting out of the car.
All of a sudden out of nowhere our car was violently thrown forwards. I looked up to see a car careering down the road hit another car and then disappear around the corner.
My wife and children were in pain so I called an ambulance and the police. The police arrived first and explained that they had caught the driver who was drunk and not insured.
My wife, children and I were taken to hospital. Both of my children were diagnosed with lower back pain due to an injury to the lumbar spine. My wife had a cracked vertebra in her neck and cervical spine and I was diagnosed with whiplash.
My car is a write off, but I was only insured third party fire and theft.
Is it possible to claim compensation for my vehicle damage and the injuries to myself and my family as the driver was not insured?
Car accident solicitor response
It is quite often the case in a car accident involving a drunk driver who flees the scene of an accident – that that drunk driver is not insured. Nonetheless, you are entitled to claim compensation from either the legitimate motor insurer of the car owner or alternatively, if the drunk driver was the owner and is still uninsured, from the Motor Insurers Bureau (MIB).
The Motor Insurers Bureau has two schemes for payment in road accident claims involving uninsured drivers, as is the case for your drunk driver accident, known as the Motor Insurers Bureau Uninsured Drivers Agreement or for untraced drivers – which is the case were a driver disappears following an accident and cannot be traced or alternatively gives false details such that he cannot be traced following the RTA.
What should you do if you are involved in a drunk driver car accident?
If you are involved in a drunk driver car accident it is extremely important that you select the correct specialist road accident solicitor to contact to make your claim.
Dealing with the MIB is not a straight forward process as there are many procedures that must be adhered to which a specialist RTA lawyer will be familiar with.
As your claim would proceed under the motor insurers bureau uninsured drivers agreement in addition to your compensation the MIB will pay your lawyers full legal costs perusing the claim on your behalf so long as it is successful.
In the untraced drivers agreement the MIB will pay an element of legal fees, but these are not as high as the uninsured drivers agreement. This will often lead to a short fall which your solicitor may wish to take from the compensation you receive.
How much compensation can be claimed for back, neck, whiplash injuries?
The amount of compensation that can be claimed for your families various injuries including back, neck and whiplash injuries depends upon the severity of the injury itself as verified by an independent medical expert – in this instance a consultant orthopaedic surgeon.
Your road traffic accident solicitor will select an appropriate expert and arrange for your GP and hospital notes to be provided together with an examination of you and your family.
To see examples of compensation amounts for back, neck and whiplash injuries click car accident compensation.
Can free legal help be obtained following a drunk driver car accident?
‘’Yes’’ – my website provides a large amount of free legal information and I am available to speak to you in person – simply click drunk driver car accident for me to assess your drunk driver car accident claim on line or to arrange for me to call you back free of charge.