Knocked off bicycle. Driver won't give insurance details

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Nimitta
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Knocked off bicycle. Driver won't give insurance details

Post by Nimitta »

Hello everybody!

I have been living (and cycling) in many countries, but I have never had such experience before. I was cycling along the main road, and the car approached the crossing and stopped by the double line. Then when I was just in front of its bonnet it started moving right onto me. The driver did not see me as he said, and it was his fault. He gave me his business card so I could call him. Paramedics also gave me some papers after examining me. Now the driver does not want to give me his insurance details. He does not answer emails and does not return phone calls. I don't know what to do now. As far as I know providing with insurer details is a legal obligation. Does anyone know what to do in this case?
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Vorpal »

Contact the police and report the accident. This is very important and the first step for anything.

This topic may be useful in doing so... How to complain about bad driving

This topic may also be of interest... Instructing a lawyer
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Mark1978
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Mark1978 »

Do you have any legal cover eg British Cycling or CTC? I assume you have his reg no?
beardy
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Re: Knocked off bicycle. Driver won't give insurance details

Post by beardy »

Did you keep a record of his number plate?

Have you been able to check that it was his business card and that the details on it do lead to him?

He may be hoping that you will "just go away" he needs something like a solicitor's letter, a call from the Police or a demand from you for a specific amount to be paid (which you will have to follow with a letter stating that you will take it to the court).
irc
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Re: Knocked off bicycle. Driver won't give insurance details

Post by irc »

If you were injured he is required to either give you his details AND insurance details or to report the accident to the police. Report the accident and even if there is no charges the police should attempt to trace the driver and verify that he had insurance. You can then get insurance details from them, possibly for a fee though.

http://www.legislation.gov.uk/ukpga/1988/52/section/170

If you are injured it may be worth getting a lawyer to act for you on a no win no fee basis. For damage to the bike only the value of a claim may be too low for a lawyer to take on.
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Lance Dopestrong
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Lance Dopestrong »

He is not obliged to provide insurance details at the road side, as the link above provided by irc shows. He is oblige to provided...

1) name and address. There is case law that the address of a solicitor satisfies the address requirement.

2) should it be different, the name and address of the owner of the vehicle.

He is not required to give you his insurance details at any point. However, it's sensible if he does so because you can claim against his insurers. You now have to claim directly off him instead.

And if there is damage or injury then report it to the dibble as well.
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irc
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Re: Knocked off bicycle. Driver won't give insurance details

Post by irc »

Lance Dopestrong wrote:He is not obliged to provide insurance details at the road side, as the link above provided by irc shows.


I never said he was. It's either supply them or report the accident.

If a driver fails to provide insurance details for an injury accident (even if they supply name and address and vehicle details) they need to report the accident. If they don't they can be charge with failing to report the accident.
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Lance Dopestrong
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Lance Dopestrong »

They're lawfully obliged to report an injury RTC, period. Matters arising from insurance have no impact on the requirement to report these.
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gaz
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Re: Knocked off bicycle. Driver won't give insurance details

Post by gaz »

Could you please provide a link to the legislation that supports your assertions. AFAICT irc has got it right.
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irc
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Re: Knocked off bicycle. Driver won't give insurance details

Post by irc »

Lance Dopestrong wrote:They're lawfully obliged to report an injury RTC, period. Matters arising from insurance have no impact on the requirement to report these.


Obviously you haven't understood the link I posted. Legal language can be hard to understand. If you won't believe me will you believe the AA?


If another person is injured you must:

produce your certificate of insurance, if anyone at the scene has reasonable grounds to see it.
if you do not, you must report the accident at a police station or to a constable as soon as you can and in any case within 24 hours.


http://www.theaa.com/motoring_advice/le ... theft.html
axel_knutt
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Re: Knocked off bicycle. Driver won't give insurance details

Post by axel_knutt »

I had a similar incident. I got his insurance details from the police (Tesco), and then claimed directly from them.
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Cunobelin
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Cunobelin »

Does the business card have the company details?

Approach his managers
Nimitta
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Re: Knocked off bicycle. Driver won't give insurance details

Post by Nimitta »

Cunobelin wrote:Does the business card have the company details?
Approach his managers


He is one of the company's directors. :(

Mark1978 wrote:Do you have any legal cover eg British Cycling or CTC? I assume you have his reg no?


No. To be honest, I even didn't know they existed.

beardy wrote:Did you keep a record of his number plate?


Not really. I was in a state of shock, and then the police and paramedics arrived, and they took me into the ambulance to check BP, HR etc. But the police must have recorded his number plate. Will they give me his insurance details if I call them? I thought they wouldn't.

beardy wrote:Have you been able to check that it was his business card and that the details on it do lead to him?


Oh yes, I checked the website of the company, and there was his photo with a minister (I do not remember what minister it was). He gave me his own business card, no doubt. I expected people who carry out responsibilities as company executives be more responsible when it comes to legal matters. Why did he give me his card at all if he did not want to provide me with his insurer details is beyond my understanding.

beardy wrote:He may be hoping that you will "just go away" he needs something like a solicitor's letter, a call from the Police or a demand from you for a specific amount to be paid (which you will have to follow with a letter stating that you will take it to the court).


I think you are right, he is hoping for this. It's not even polite, let alone decent...
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gaz
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Re: Knocked off bicycle. Driver won't give insurance details

Post by gaz »

As he is the Director of a Limited Company his home address is a matter of public record.

Go to Companies House website and sign up to WebCHeck. You'll need to ask for a "current appointments report" which is free.
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thirdcrank
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Re: Knocked off bicycle. Driver won't give insurance details

Post by thirdcrank »

irc wrote: ... If you are injured it may be worth getting a lawyer to act for you on a no win no fee basis. For damage to the bike only the value of a claim may be too low for a lawyer to take on.


+1

I've read at least on instance on here where the CTC Accident Helpline couldn't take on a case because the value of the claim was too low, but they did give advice on the Small Claims procedure. One of the biggest drawbacks with a legal case of that type is that you might get a favourable decision but extracting the £££ would be difficult, often because the other party has nothing with which to pay. You seem to know who the other party is and he sounds as though he may have the means to pay. There may be nothing gained by getting his insurance details because the insurance company may not be quick to pay an unrepresented claimant. As somebody else has posted, your claim is against the driver, not his insurance company anyway. There's almost certainly a clause in his policy which says he has to report any accidents to his insurer, even if he doesn't make a claim.

The small claims procedure is intended to be easy but a claimant needs the bottle to persist with it, going to the court hearing if necessary. Not everybody's cuppa. There are also fees to be paid which mean it's not viable for trivial amounts. All the stages are explained on the Court Service website. There's a thread somewhere from forum member stoobs - doesn't seem to have been on here recently, but he did just this and was accused of being a lawyer incognito and memorably replied "Even a monkey could do it."
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