You must sue the driver and owner of every vehicle who might be responsible for the accident including the driver and owner of the vehicle you were in if you were a passenger. That is why it is so important to exchange information about the owner and driver of each vehicle involved at the scene of the accident. Get everyone’s names, vehicle licence plate numbers, driver’s licence numbers and insurance company names and policy numbers.
If you had the opportunity to take down the particulars of the person(s) responsible for the accident and you did not do so, your claim against MVAC may be denied. You should therefore do everything reasonable to obtain the particulars of all other drivers, owners and witnesses.
In a hit-and-run case where the other driver and/or owner is unknown, you should sue the administrator of the Motor Vehicle Accident Claims Act as the nominal defendant.
See also:Do I have to sue in order for MVAC to become involved?