Accident and GDPR
Discussion
Friend of mine had an accident last week when a car pulled out of a junction in front of her. She was on a bicycle and hit the front wing, went over the bonnet and landed on the floor the other side.
Someone called the emergency services and Police and ambulance arrived and took her off to A&E for checking over. Fortunately nothing broken but she is pretty bashed up and can't work (she's a gardener) as at the moment she can hardly walk.
She has contacted the police asking for the driver's details so she can put in a claim for her bike (frame is broken in half) but has been told be that they can't tell her due to GDPR. Is that right? You are supposed to exchange details after an accident, but she couldn't at the time. She's a bit stuck at the moment on how to progress
Someone called the emergency services and Police and ambulance arrived and took her off to A&E for checking over. Fortunately nothing broken but she is pretty bashed up and can't work (she's a gardener) as at the moment she can hardly walk.
She has contacted the police asking for the driver's details so she can put in a claim for her bike (frame is broken in half) but has been told be that they can't tell her due to GDPR. Is that right? You are supposed to exchange details after an accident, but she couldn't at the time. She's a bit stuck at the moment on how to progress
boyse7en said:
Friend of mine had an accident last week when a car pulled out of a junction in front of her. She was on a bicycle and hit the front wing, went over the bonnet and landed on the floor the other side.
Someone called the emergency services and Police and ambulance arrived and took her off to A&E for checking over. Fortunately nothing broken but she is pretty bashed up and can't work (she's a gardener) as at the moment she can hardly walk.
She has contacted the police asking for the driver's details so she can put in a claim for her bike (frame is broken in half) but has been told be that they can't tell her due to GDPR. Is that right? You are supposed to exchange details after an accident, but she couldn't at the time. She's a bit stuck at the moment on how to progress
There is a gateway under GDPR for data to be obtained for legal proceedings. The problem is its an optional gateway so they don't HAVE to give it. You would think they would to be helpful..Someone called the emergency services and Police and ambulance arrived and took her off to A&E for checking over. Fortunately nothing broken but she is pretty bashed up and can't work (she's a gardener) as at the moment she can hardly walk.
She has contacted the police asking for the driver's details so she can put in a claim for her bike (frame is broken in half) but has been told be that they can't tell her due to GDPR. Is that right? You are supposed to exchange details after an accident, but she couldn't at the time. She's a bit stuck at the moment on how to progress
She can ask for just the VRM and then submit a request here:
https://www.askmid.com/askmidenquiry.aspx
Problem being often the police won't release even a VRM due to 'data protection'...
Make it clear the request is made for the VRM is purely to identify the insurer for the damages claim. It can depend who picks up the request to deal with though, unfortunately.
https://www.askmid.com/askmidenquiry.aspx
Problem being often the police won't release even a VRM due to 'data protection'...
Make it clear the request is made for the VRM is purely to identify the insurer for the damages claim. It can depend who picks up the request to deal with though, unfortunately.
A few years ago a driver pulled out in front of me and wrote my car off. Two weeks later a letter from the police arrived with the driver's details - but they advised I didn't prosecute as they were already dealing with it.
If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
Edited by Simpo Two on Saturday 20th April 18:21
Simpo Two said:
A few years ago a driver pulled out in front of me and wrote my car off. Two weeks later a letter from the police arrived with the driver's details - but they advised I didn't prosecute as they were already dealing with it.
If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
Insurance claim =/= course of justice. If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
Edited by Simpo Two on Saturday 20th April 18:21
Forester1965 said:
In these circumstances the driver is legally obliged to provide his details (including VRM and insurance) to anyone who has reasonable grounds to require them, including insurance (s170 Road Traffic Act). No idea what the Police are playing at here?
Yes. The driver, having not given their details to someone at the scene has to provide their details to the police. The Police do not have to provide those details to the other driver/person.
Your insurance company can apply to the police for the information of the other driver, and they will provide it to them.
Sorry OP, but we've been given explicit instructions.
We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
Nibbles_bits said:
Forester1965 said:
In these circumstances the driver is legally obliged to provide his details (including VRM and insurance) to anyone who has reasonable grounds to require them, including insurance (s170 Road Traffic Act). No idea what the Police are playing at here?
Yes. The driver, having not given their details to someone at the scene has to provide their details to the police. The Police do not have to provide those details to the other driver/person.
Your insurance company can apply to the police for the information of the other driver, and they will provide it to them.
OP, I would suggest obtaining the Crime Reference Number for the incident, then if they have house insurance use that route to obtain the other parties details.
Or, instruct one of the cash for crash agencies to help. Although without a hire car to make their profit, this may be tricky.
I'm quite astonished that GDPR prevents the Police from providing, at a minimum, the details of the insurance company of the other party. Pure madness.
Simpo Two said:
A few years ago a driver pulled out in front of me and wrote my car off. Two weeks later a letter from the police arrived with the driver's details - but they advised I didn't prosecute as they were already dealing with it.
If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
Nope, not obstructing justice.If the OP has a case then by withholding details and preventing action, perhaps Plod is obstructing the course of justice...?
Edited by Simpo Two on Saturday 20th April 18:21
There are avenues the OP can take to obtain the details, just asking for them isn't one of them.
Nibbles_bits said:
Sorry OP, but we've been given explicit instructions.
We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
Last time I looked cyclists and pedestrians don't routinely have their own insurance.We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
If you're saying the Police usually charge a fee to insurers for giving out the details, it sounds more like it's to do with the Police ringfencing an income stream than GDPR. What difference does it make under GDPR if the 3rd party you hand the details to is the injured party or their representative?
You mention a hospital visit, time off work and the fact that she can still barely walk so it sounds like there is a personal injury claim to be made as well as just damage to the bike In which case she should be able to find a solicitor to represent her - either check whether she has legal cover on her home insurance, or Google a no win no fee firm. I would presume that a solicitor would be used to extracting drivers details from the police.
The relevant guidance to Police forces is here;
https://library.college.police.uk/docs/NPCC/Police...
https://library.college.police.uk/docs/NPCC/Police...
Nibbles_bits said:
Sorry OP, but we've been given explicit instructions.
We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
I’m struggling to understand how you can’t provide relevant details to the injured party but you can to an insurance company. That doesn’t sound like a GDPR reason to me.We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
Zigster said:
Nibbles_bits said:
Sorry OP, but we've been given explicit instructions.
We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
I’m struggling to understand how you can’t provide relevant details to the injured party but you can to an insurance company. That doesn’t sound like a GDPR reason to me.We're no longer to share the details of drivers, vehicles or insurance where S170 hasn't been complied with at the roadside.
If you require the details of a driver/vehicle and they were exchanged by that driver at the time of the collision, you'll need your insurance company to request those details from the local Police Force.
That's GDRP for you (and the fact that insurance companies were getting their customers to ask for the details so that they didn't have to pay the fee)
Maybe the OPs gardener can instruct a solicitor.
Nibbles_bits said:
Yes. The driver, having not given their details to someone at the scene has to provide their details to the police.
The Police do not have to provide those details to the other driver/person.
Your insurance company can apply to the police for the information of the other driver, and they will provide it to them.
What happens when you don't have an insurance company?The Police do not have to provide those details to the other driver/person.
Your insurance company can apply to the police for the information of the other driver, and they will provide it to them.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff