Can I still claim compensation for injuries from being knocked off bicycle by drunk driver if the negligent driver fled the scene?
Just because the negligent driver left the scene of the accident does not mean that you cannot claim compensation for injuries from being knocked off bicycle by drunk driver, provided that you sustained injuries that warranted professional medical attention and that it can be proven that the accident was caused by a negligent third party.
It is possible for the Gardai to trace the driver with the assistance of roadside cameras or CCTV equipment. In this situation, with the negligent driver’s identity revealed, you would be able to make a claim being injured by an inebriated driver the same way any other road traffic accident claim is pursued in Ireland; by first having your bicycle injury claim assessed by the Injuries Board.
If it transpires that the hit and run driver is uninsured or if their identity is never traced, you would make your claim for drunk driver inflicted injuries with the Motor Insurer’s Bureau of Ireland (MIBI) – an organisation which was established to protect the victims of road traffic accidents when the party at fault is untraced or uninsured. If you have been unfortunate enough to have been put in this particular situation, you would be well advised to engage the services of an experienced solicitor who can pursue a claim on your behalf.
Your solicitor would be able to submit the matter to the MIBI – that can act as the ‘insurer’ of the unknown or untraced driver and can, if appropriate, make a compensation for injuries from being knocked off bicycle by drunk driver payment to the victim.
Although you are completely entitled to communicate with the MIBI directly, the assistance that an experienced solicitor could offer in this situation would likely be invaluable since the revised January 2009 Agreement limits the MIBI’s accountability in some situations and new time restrictions have been established for giving notice of prospective claims which designates the MIBI as respondent. Because of this, it makes sense to hire a solicitor who would be well versed in the new terms and conditions.
The MIBI will organise a MIBI’s “Claims Management Services Provider” whose job it would be to represent the organisation and attempt to pay out as little compensation for your drunk driver inflicted injuries as possible. As many accident victims who have been injured by an inebriated driver accept compensation amounts offer by insurance companies that do not necessarily reflect the nature and severity of their injuries, your solicitor would be able to assess your claim for compensation for injuries from being knocked off bicycle by drunk driver and could advise you an a fair and accurate value of your claim.