Hit by a car, driver refused to give insurance details – what next?

General cycling advice ( NOT technical ! )
JamesE
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Hit by a car, driver refused to give insurance details – what next?

Postby JamesE » 29 Nov 2016, 6:48pm

So I’ve just had a minor prang, quite low-speed, I was unhurt but the front wheel got hit hard enough that I want the (carbon) forks checked professionally before I ride that bike again. Driver refused to give insurance details – and I’ve filed a police report accordingly – but what now? The reporting officer at the station seemed to think I can’t get the bike fixed until they’ve investigated and the insurers have been in touch. Is this correct, or can I get it repaired out of my own pocket and claim back if and when I hear from the insurers?

Bmblbzzz
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby Bmblbzzz » 29 Nov 2016, 6:54pm

I don't know about that. Have you got the vehicle reg? You might well find the reason the driver didn't give insurance details is that he hasn't got any. Try Slater Gordon
http://www.slatergordon.co.uk
or ask around locally for a no win no fee type lawyer.

thirdcrank
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby thirdcrank » 29 Nov 2016, 7:00pm

I can't see how you will hear from the driver's insurer unless you get their details from the police and approach them. Both you and the insurer have a common interest in the bike being checked in that they won't stump up - if they do - until they have a proper assessment of any damage.

Remember, your claim is against the other driver, who may or may not report this to their insurer. From what you have posted, it may be that the other driver hopes you will go away. In broadly similar circumstances, forum member stoobs went through the small claims procedure, addressing all his correspondence to the other driver and eventually got a payout. Not something that everybody is up to.

I'd ignore legal advice from anybody staffing a police station counter. Bear in mind also that a report to the police does not guarantee that you will eventually get the other driver's details.

JamesE
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby JamesE » 29 Nov 2016, 7:08pm

Got the vehicle reg, gave it to the police. They say they’ll investigate and provide the insurer’s details – although from the driver’s behaviour I’m not sure there are any.

Thirdcrank: thanks. How would I go about getting the driver’s details from the police? Repeatedly ringing up the station where I filed the report to ask how the investigation is progressing?

thirdcrank
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby thirdcrank » 29 Nov 2016, 7:16pm

JamesE wrote: ... How would I go about getting the driver’s details from the police? Repeatedly ringing up the station where I filed the report to ask how the investigation is progressing?


I don't know the current procedure. I'd be inclined to write, with any reference number you have been given, saying you would like the driver's details when they are available.

JamesE
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby JamesE » 29 Nov 2016, 7:18pm

thirdcrank wrote:I don't know the current procedure. I'd be inclined to write, with any reference number you have been given, saying you would like the driver's details when they are available.

Thanks. Will do. The question to the room still stands, though: can I go ahead and get the bike fixed now, or do I need to talk to the driver’s insurer first?

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Mick F
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby Mick F » 29 Nov 2016, 7:37pm

A little story from the 80s in Helensburgh Scotland.

Mrs Mick F drove the car home from the swimming baths and crossed Clyde Street on her way home.
A chap on a moped was speeding along from her left, and hit the car right on the back left corner after she had crossed the road and was entering the opposite road. He was ok, but his moped was bent, and our car was dented. He obviously wasn't looking where he was going. Had he hit her at the front, it would have been her fault of course.
Anyway, water under the bridge now. It was 35 years ago!

She got his details and address, and we contacted our insurance with all the info. We were fully comp.
Our insurance people tried to contact the moped's insurance people, but he'd not reported the accident to them, so they would do nothing at all.
His insurance company would do nothing, so we lost our NCD. :oops:

So ................ don't hold out any hope of getting anything at all off your driver.
Get your bike sorted out and keep all the receipts.
Mick F. Cornwall

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NATURAL ANKLING
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby NATURAL ANKLING » 29 Nov 2016, 7:44pm

Hi,
I would wait till you have info that they accept claim, an inspection post accident pre repair, otherwise where's your proof of damage.

I imagine that unlike car on car and car on wall, car on cyclist is even different from car on person?
Have you a witness?
Edited - If you repair now then keep parts and photo the damage.
35 years ago the law was different on vehicle accidents, after a collision if no one hurt the driver did not have to surrender details to the other driver.

https://www.gov.uk/report-dead-animal
Even animals have more status.
Last edited by NATURAL ANKLING on 29 Nov 2016, 7:49pm, edited 1 time in total.
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PH
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby PH » 29 Nov 2016, 7:48pm

Bmblbzzz wrote: Try Slater Gordon
http://www.slatergordon.co.uk
or ask around locally for a no win no fee type lawyer.

Good luck finding a no win no fee solicitor interested in a claim without injury and for at most hundreds, they just won't want to know.

djnotts
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby djnotts » 29 Nov 2016, 8:32pm

If he refused to give details then either 1. he has none (most likely) or 2. he has but has no intention of accepting a. that he was in any way in the wrong or b. that anything happened at all.

I wouldn't expect any recompense.

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TrevA
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby TrevA » 29 Nov 2016, 10:07pm

You may be able to claim from the Motor Insurance Bureau (MIB). This covers hit and run drivers or drivers who have no insurance.

My son was knocked off and the driver drove off. We reported it to the Police and then successfully claimed from the MIB. It took a while, about a year from start to finish, but my son got £1500 in compensation for his injuries ( a deep cut to his elbow) and the damage to his bike. We claimed through British Cycling's solicitors (Leigh Day and Co at the time), but there's no reason why you can't claim direct from the MIB.
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tykeboy2003
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby tykeboy2003 » 30 Nov 2016, 9:33am

Isn't a driver compelled by law to give insurance details? Almost the same as not remaining at the scene of an accident?

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al_yrpal
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby al_yrpal » 30 Nov 2016, 9:37am

The driver must give you his name and address. Just get the small claims court papers and reclaim your expenses through that. I have done it twice when people damaged my car. No need to involve insurance companies who will stonewall you. Just start proceedings and you will have the money and your expenses (court fees, inconvenience and any other expenditure) within 14 days.

Al
Touring on a bicycle is a great way to explore and appreciate the countryside and towns you pass through. Make a difference...

mercalia
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby mercalia » 30 Nov 2016, 9:43am

al_yrpal wrote:The driver must give you his name and address. Just get the small claims court papers and reclaim your expenses through that. I have done it twice when people damaged my car. No need to involve insurance companies who will stonewall you. Just start proceedings and you will have the money and your expenses (court fees, inconvenience and any other expenditure) within 14 days.

Al


thats worth knowing. as quick as that? maybe you would like to expand and how it went? did the driver turn up? how difficult to get the money ( proof ) as I for one have never used that system

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al_yrpal
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Re: Hit by a car, driver refused to give insurance details – what next?

Postby al_yrpal » 30 Nov 2016, 10:08am

In both cases it was people that had driven into my wifes car. Both claimed it was my wifes fault. In both cases the driver never turned up at court and didnt contest it because they knew they were in the wrong. We never actually went to the hearings because the driver didnt contest it. They get 7 days to contest it, which they didnt. If they do you have to both attend and are heard by the judge who then decides. In both cases the court immediately sends you the money and then gets it off the loser. No hassle to you.

On any cycle related accident all you need is the drivers name and address which tbey MUST give you, its the law. Then sort out your costs, contact them and ask them to pay. If they refuse or say its got to be done through insurance, dont bother with that. All that will happen is that you are dealing with insurance people who will try to fob you off. Just go to the small claims court.

I would do it this way anyway if an insurance excess is involved. If you are not the guilty party why should you loose even a penny?

Al
Touring on a bicycle is a great way to explore and appreciate the countryside and towns you pass through. Make a difference...