Hi Dan,
Sorry to hear about your unfortunate accident. I feel the same way about hit-and-run drivers as everybody else who has posted seems to.
I stumbled across your post and wondered if I could offer any help. I am a cyclist but am also a solicitor specialising in cycling claims. I can see that you have already spoken to a legal representative which is the sensible thing to do, so I am sure that they have already provided you with some very sensible advice.
In a situation such as this where a hit-and-run driver is responsible it is vital that you report the accident to the police as soon as possible, which I can see you have already done. You should try to make sure that you get the name of whichever police officer or representative you speak to at the police, together with a full incident reference number so that the reports can be traced later if needs be.
The police will try to trace the driver responsible and, if they are able to do this, then any personal injury claim and claim for any damage to your property (included your cycling trousers) can be pursued by a solicitor acting on your behalf directly against that individual.
In reality however, it is often impossible for the police to trace the driver responsible if the accident was not caught on CCTV or if there were no witnesses. In those circumstances you may be able to pursue your personal injury claim against the Motor Insurers' Bureau (MIB).
The MIB are a central organisation funded by all of the motor insurance companies. It is their role to compensate the victims of uninsured and untraced drivers.
In your situation, if the police are unable to trace the responsible driver, it is likely that the MIB may agree to compensate you. Certain solicitors may be able to help you in submitting your claim to the MIB however, as the costs which the MIB pay are very limited, not all solicitors are prepared to do this.
There are a number of criteria which need to be met for a claim to the MIB following a "hit-and-run" accident to succeed. Importantly, a claim for personal injury must be reported to the police within fourteen days of the accident and if there is a claim for property damage (i.e. the damage to your cycling trousers) it must be reported to the police within five days.
It is therefore best practice to report to the police, and to get the reference numbers, as soon as possible following the accident. If the claim has not been reported to the police within these time scales then, potentially, the MIB may reject the claim outright.
The MIB will then investigate the circumstances, make enquiries with the police, try to contact any witnesses et cetera. If they are able to track down the responsible driver then they will tell you to re-direct your claim, otherwise the MIB may agree to compensate you for your injuries and they will obtain a medical report to assess the amount of compensation which you should receive.
I am sure your solicitor has already given you this information but if I can be of any help please personal message me.
The important thing to remember following any hit-and-run incident is to report it to the police as soon as possible and thereafter seek legal advice urgently. It is possible to submit an MIB claim to the MIB directly without using a solicitor however a solicitor will be able to advise you upon any technical arguments raised by the MIB and upon any offers put forward by the MIB.
I hope that this information is of some help to you.
