Hit and Run Compensation

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Thu 3 Jun 2010 00:00
Hit and Run Compensation - wizz88

Hi, im new to this forum, and am in need of some help.

Basically my brother was involved in a serious hit and run, what had happenend is that he goes to a private school who provide a minibus service who my parents pay for him to get dropped off (door to door) however the minibus driver dropped my brother on a busy main road where my brother had crossed half way across the road when a vehicle allegedly came speeding and failed to stop, didnt even brake and sped off the person was driving a high performance speed car, allegedly he had just overtaken a bus just before this and sped of at high speed where he was chased by bystanders and up the road almost caused another head on collission as he tried to esacape.

however he left my brother in a bad state who was on life support for 2 weeks, suffered serious head injuries and the doctors had listed his condition as critical, he was on a 30mph road, but due to no brake marks what so ever police cannot establish a accurate speed he was doing, but onlookers say they heard loud engine noises coming under the bridge when he overtook the bus, and was driving at a considerable speed 40mph+,

the good news is my brother has got through all this and will soon be discharged from hospital after 2 months, and is making a good recovery, but has been through a lot in the form of a fractured skull and injured ribs and the whole incident has probably scarred him mentally aswell for a considerable period of time

, i just want to know if my brother will get some compensation for the driver failing to stop and speeding off surely displays his guilt, he could of been drunk or carrying drugs which may be the reason for not stopping and had also been on the police radar, AND also on the school and what were they playing at they charge for the service and is a door to door service and they just dropped him off on a main road.

i am just worried that his defence might blame my brother and say it is his fault, does anybody know if he could claim compensation to help with his rehab and injuries, and do a case on the driver who didnt even bother to brake, but also run another case against the school who surely had a contractual duty to take children safely home and not leave them on a busy main road just because they try to avoid a one way road.

one final note is that this driver has done this stuff once before and got away with it then, in the criminal courts as the person they hit then was a family friend and they got the case dropped.

Which leads on if the police were brave and took action first time around maybe this driver would of got the message but they let him run free which probably made the driver think he is even more invincible and unstoppable and gave him the wrong attitude.

Edited by wizz88 on 03/06/2010 at 00:02

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Thu 3 Jun 2010 12:27
Hit and Run Compensation - Falkirk Bairn

The driver was either insured or uninsured.

Insured - claim against the Insurer

Uninsured - MIB is insurer of last resort - claim will be paid by MIB

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Thu 3 Jun 2010 13:42
Hit and Run Compensation - LucyBC

The driver does not have to be identified in cases like these but you do have to have supporting evidence - witness evidence in a disappeared driver case - to show it was his fault. If the driver can be shown to be at fault then the claim will be settled either by his insurer (if insured) or if untraced or uninsured by the MIB. There are likely to be very serious criminal charges in this case if the person has been arrested and hence you can expect considerable legal muscle to be deployed in his defence to attempt to show your brother was at fault by walking in the road. The fact that the driver left the scene is likely to go against him in criminal terms but it does not automatically infer liability. If the police accident report goes against the driver then that will significantly assist your case but if it is non-committal then you will need to prove your own case. As with the prosecution defence the stakes are likely to be high for the driver's insurer and they could choose to fight it all the way. Your brother needs a heavyweight specialist motor accident solicitor supported by a team of accident investigators to assist him in gathering evidence and fighting for compensation in a case like this. Honest John has access to a legal team that can deliver the support you require who should be able to assist your brother in proving his case. There are serious legal implications here that should not be discussed further in a public forum. Please contact me via "letters@honestjohn.co.uk" and we will endeavour to assist your brother further.

Edited by Honestjohn on 03/06/2010 at 18:28

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