How to deal with someone not admitting liability
Discussion
FAmily friend was out galivating in their 306 last week and parked. A Range Rover then proceeded to reverse into them, causing damage to bonnet, front wing and light. Range Rover undamaged.
Range Rover driver did not admit liability and refused to give insurance details. He did provide phone number and they got the car reg. A the time Range Rover driver wanted to deal with issue outside the insurers.
Fast forward to today she calls Range Rover man who denies all responsibility and says he is paying nothing, and no point going through insurers as it would be 50:50.
Family friend is gutted, not worth going through the insurance due to loss to NCB, and has little money to repair car, money is very tight.
This frustrated me, Range Rover guy is clearly trying it on, and my friend to be frank is bloody soft! I have no found out his address, I won't go round!, and will call the guy to get him to resolve issue outside insurance, alternatively I believe a threat of contacting insurance will pursuade him into resolving the issue.
If he is stubborn where do we stand? Does he legally have to provide his insurance details? Any tips apart from pay a visit?! He is a very wealthy, elderly gentleman and just think this is a little bit wrong.
Cheers!
Range Rover driver did not admit liability and refused to give insurance details. He did provide phone number and they got the car reg. A the time Range Rover driver wanted to deal with issue outside the insurers.
Fast forward to today she calls Range Rover man who denies all responsibility and says he is paying nothing, and no point going through insurers as it would be 50:50.
Family friend is gutted, not worth going through the insurance due to loss to NCB, and has little money to repair car, money is very tight.
This frustrated me, Range Rover guy is clearly trying it on, and my friend to be frank is bloody soft! I have no found out his address, I won't go round!, and will call the guy to get him to resolve issue outside insurance, alternatively I believe a threat of contacting insurance will pursuade him into resolving the issue.
If he is stubborn where do we stand? Does he legally have to provide his insurance details? Any tips apart from pay a visit?! He is a very wealthy, elderly gentleman and just think this is a little bit wrong.
Cheers!
Noger said:
If no injury, then no requirement to give insurance details.
But should have given address if asked.
Insurer can get their ins co from MID, based on Reg No.
You sure about the first part? But should have given address if asked.
Insurer can get their ins co from MID, based on Reg No.
If there is no injury, then there is no need to phone the Police/Ambo, but you still need to exchange details.
The Askmid database allows you to look it up yourself
http://www.askmid.com/askmidenquiry.aspx
you have to pay £4 to do a search, but possibly can reclaim that from the range rover driver if you keep the invoice.
http://www.askmid.com/askmidenquiry.aspx
you have to pay £4 to do a search, but possibly can reclaim that from the range rover driver if you keep the invoice.
Failing to Stop/Report an Accident
Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
Source: http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
Source: http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
Ki3r said:
You sure about the first part?
If there is no injury, then there is no need to phone the Police/Ambo, but you still need to exchange details.
You are required to give your name and address at the scene, you are not required to have your insurance details on hand to provide them at the sceneIf there is no injury, then there is no need to phone the Police/Ambo, but you still need to exchange details.
Not sure if the requirement to provide name and address needs to be in response to a specific request for those exact details or if the range rover driver had a responsibility to provide his address in place of the insurance details requested, but i'm sure someone on here will know
Digger said:
Am in a similar situation myself. if i were to contact my insurance company and even though i am not admitting fault or liability in anyway might it count against me the fact that i have logged an incident?
Probably.It will be classed as an incident so chances are insurance costs will go up. Especially given that if that if the insurer can't claim the money back off the third party it will classed as an 'at fault' accident.
CraigyMc said:
Failing to Stop/Report an Accident
Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
Source: http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
Send him an SMS with this /\. Spend the £4 and find out his name and address and send that on a txt.Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
Source: http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...
Then either send a bill for the repair or tell your insurance.
He may not be insured, in which case he is scum and deserves what's coming.
Steve
Noger said:
If no injury, then no requirement to give insurance details.
But should have given address if asked.
Insurer can get their ins co from MID, based on Reg No.
No, I think you have to give your name, the reg and the name of your insurer (but not the policy number and I certainly don't think you have to give your address.)But should have given address if asked.
Insurer can get their ins co from MID, based on Reg No.
Maybe someone has a link with info?
In any case, the OP should get the mate to call his insurer with the reg of the car which hit him and then take it from there. His insurer will contact the Range Rover's insurer and then see what happens. Chances are that if they're lying scum then there's not going to be a good outcome without CCTV.
PAULJ5555 said:
Unless you can produce an independent witness.
I see this phrase a lot on here can anyone please define 'independant witness'.Does it have to be a passer-by or can it be a passenger(in this instance).
I could google it but I thought I might as well ask the experts for the proper definition
mrmr96 said:
No, I think you have to give your name, the reg and the name of your insurer (but not the policy number and I certainly don't think you have to give your address.)
Requirements in case of accident:-1. Stop.
2. If reasonably required by someone at scene:-
Name and address of driver
Name and address of RK if different.
Index of vehicle.
3. Additionally in injury cases an insurance certificate.
If not produced at scene then asap (and within 24hrs) to Police station.
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