Supplying Driver Information
Discussion
My car got hit in the early hours of Sunday morning. It made enough noise to wake up 3 of my mother's neighbours (I was visiting for the weekend) and I have 2 witnesses who saw this car leave the scene.
Now as it turns out this car belongs to another of my mother's neighbours and I have informed the local police of their failure to stop although I would not follow this up if I get my car sorted through their insurers.
Now my question is this. Although I have 2 witnesses who saw the car leave it's unlikely that they actually saw who was driving although I don't know this for definate (this happened at 1:30am). In this case of failing to stop, does the registered keeper have to notify the police who was driving at the time in a similar way when your car is caught speeding?
Now as it turns out this car belongs to another of my mother's neighbours and I have informed the local police of their failure to stop although I would not follow this up if I get my car sorted through their insurers.
Now my question is this. Although I have 2 witnesses who saw the car leave it's unlikely that they actually saw who was driving although I don't know this for definate (this happened at 1:30am). In this case of failing to stop, does the registered keeper have to notify the police who was driving at the time in a similar way when your car is caught speeding?
The neighbour decided to park his car in the next street - pretty smart eh? I had a look round it and it has so many dents in it that it was a struggle at first to work out where he had hit me. Got some photos of the damage to his car (a scrape from about 1/2 along the rear passenger door all the way to the back of the wheel arch!). There's also a lot of his paint emebdded in my car!
He has admitted to me (eventually) that he hit my car and I have got his insurance documents. My concern is that as he originally just left the scene and when confronted about hitting my car blatently lied to get out of it I'm just a bit concerned that he either will not mention it to his insurance (as mentioned his car seems to have been in a few scrapes!!) or will just say he wasn't driving at the time. If this happens I'm just wondering where I go from there.
(there's also a lot of his paint emebdded in my car!)
He has admitted to me (eventually) that he hit my car and I have got his insurance documents. My concern is that as he originally just left the scene and when confronted about hitting my car blatently lied to get out of it I'm just a bit concerned that he either will not mention it to his insurance (as mentioned his car seems to have been in a few scrapes!!) or will just say he wasn't driving at the time. If this happens I'm just wondering where I go from there.
(there's also a lot of his paint emebdded in my car!)
As the S2KUKmobile was damaged then obligation on the driver of the car responsible for colliding with it was to STOP. Offence not to do so.
Having caused damage to another vehicle then obligation on non stop driver to give name and address and details of owner and reg no to any person having reasonable grounds for requiring same and if not done then should report the accident as soon as reasonably practicable and in any case within 24 hours to Police. Failure to do so OFFENCE.
Possible further offence of due care/reasonable consideration.
If you have reported to Police then they will either make a personal visit to Reg Keeper to ascertain who the driver was and/or serve notice under S172 for Reg keeper to name driver at time of accident. Failure to do so offence.
So we have a string of offences that could be put before the Court should CPS decide to do so. If they do the business and you pull out they will not be amused.
Regarding the damage. Four options appear.
1. You pay for it yourself.
2. You get other driver to shell up all costs.
3. You involve your Insurance Company.
4. You don't involve your Insurance Company and sue the other driver if he doesn't cough up (you have evidence by admission who it was)through a Civil Court - small claims under £5000 having informed your Insurance that you intend to do so without their involvement.
Your decision
dvd
Having caused damage to another vehicle then obligation on non stop driver to give name and address and details of owner and reg no to any person having reasonable grounds for requiring same and if not done then should report the accident as soon as reasonably practicable and in any case within 24 hours to Police. Failure to do so OFFENCE.
Possible further offence of due care/reasonable consideration.
If you have reported to Police then they will either make a personal visit to Reg Keeper to ascertain who the driver was and/or serve notice under S172 for Reg keeper to name driver at time of accident. Failure to do so offence.
So we have a string of offences that could be put before the Court should CPS decide to do so. If they do the business and you pull out they will not be amused.
Regarding the damage. Four options appear.
1. You pay for it yourself.
2. You get other driver to shell up all costs.
3. You involve your Insurance Company.
4. You don't involve your Insurance Company and sue the other driver if he doesn't cough up (you have evidence by admission who it was)through a Civil Court - small claims under £5000 having informed your Insurance that you intend to do so without their involvement.
Your decision
dvd
Edited by Dwight Vandriver on Monday 24th July 15:33
Up to the individual Insurance Co as to what they would do. Paramount IMHO that you inform them purely for record purposes so that one complies with the small print of their policy.
Realistically I cannot see how they can attribute blame to the parked vehicle unless illegally parked etc.
Feel sure someone within the insurance Co may well advise here?
dvd
Realistically I cannot see how they can attribute blame to the parked vehicle unless illegally parked etc.
Feel sure someone within the insurance Co may well advise here?
dvd
Dwight Vandriver said:
Up to the individual Insurance Co as to what they would do. Paramount IMHO that you inform them purely for record purposes so that one complies with the small print of their policy.
Realistically I cannot see how they can attribute blame to the parked vehicle unless illegally parked etc.
Feel sure someone within the insurance Co may well advise here?
dvd
Realistically I cannot see how they can attribute blame to the parked vehicle unless illegally parked etc.
Feel sure someone within the insurance Co may well advise here?
dvd
I'd think we could all probably guess at what might happen
DVD - great help as usual 
Did inform the police and told them that I wouldn't want to take things further if I get my car repaired through his insurance. Just wanted a back-up if he decided further along the line to deny being involved and wasn't sure if he was legally obliged to name the driver.
A PC did turn up on Sunday and paid the other person a visit and checked over his documents. All appears well and my insurance company have now been informed and called back this morning to let me know he still hasn't been in touch with his insurers. They will now send some documentation to his insurers to follow this up.
A further question though. I took my car to my dealer to get a quote for the repairs. There is some damage to the front bumper and skirt but the dealer told me they would just repair it and only paint the corner that was hit. Now I think my car will look a little silly if this is done as one side will have a few stone chips and the other will (should) look like new. Is it normal to complete repairs like this? And am I being unreasonable in requesting that they at least repaint the entire panel?
Did inform the police and told them that I wouldn't want to take things further if I get my car repaired through his insurance. Just wanted a back-up if he decided further along the line to deny being involved and wasn't sure if he was legally obliged to name the driver.
A PC did turn up on Sunday and paid the other person a visit and checked over his documents. All appears well and my insurance company have now been informed and called back this morning to let me know he still hasn't been in touch with his insurers. They will now send some documentation to his insurers to follow this up.
A further question though. I took my car to my dealer to get a quote for the repairs. There is some damage to the front bumper and skirt but the dealer told me they would just repair it and only paint the corner that was hit. Now I think my car will look a little silly if this is done as one side will have a few stone chips and the other will (should) look like new. Is it normal to complete repairs like this? And am I being unreasonable in requesting that they at least repaint the entire panel?
s2kuk said:
DVD - great help as usual
Did inform the police and told them that I wouldn't want to take things further if I get my car repaired through his insurance. Just wanted a back-up if he decided further along the line to deny being involved and wasn't sure if he was legally obliged to name the driver.
A PC did turn up on Sunday and paid the other person a visit and checked over his documents. All appears well and my insurance company have now been informed and called back this morning to let me know he still hasn't been in touch with his insurers. They will now send some documentation to his insurers to follow this up.
A further question though. I took my car to my dealer to get a quote for the repairs. There is some damage to the front bumper and skirt but the dealer told me they would just repair it and only paint the corner that was hit. Now I think my car will look a little silly if this is done as one side will have a few stone chips and the other will (should) look like new. Is it normal to complete repairs like this? And am I being unreasonable in requesting that they at least repaint the entire panel?
Did inform the police and told them that I wouldn't want to take things further if I get my car repaired through his insurance. Just wanted a back-up if he decided further along the line to deny being involved and wasn't sure if he was legally obliged to name the driver.
A PC did turn up on Sunday and paid the other person a visit and checked over his documents. All appears well and my insurance company have now been informed and called back this morning to let me know he still hasn't been in touch with his insurers. They will now send some documentation to his insurers to follow this up.
A further question though. I took my car to my dealer to get a quote for the repairs. There is some damage to the front bumper and skirt but the dealer told me they would just repair it and only paint the corner that was hit. Now I think my car will look a little silly if this is done as one side will have a few stone chips and the other will (should) look like new. Is it normal to complete repairs like this? And am I being unreasonable in requesting that they at least repaint the entire panel?
Tell them to fcuk off!!
The insurance company will pay for a new bumper and to have the whole unit painted.
They, (the insurance company) are legally obliged to correctly carry out repairs to a satisfactory standard, not do a bodge up.
Stick to your guns.
s2kuk said:
A further question though. I took my car to my dealer to get a quote for the repairs. There is some damage to the front bumper and skirt but the dealer told me they would just repair it and only paint the corner that was hit. Now I think my car will look a little silly if this is done as one side will have a few stone chips and the other will (should) look like new. Is it normal to complete repairs like this? And am I being unreasonable in requesting that they at least repaint the entire panel?
So don't use that dealer.
If the bumper is damaged, the easiest route seems to be to replace the damaged part/panel, then respray it. Not sure why they're saying that, or if you've understood them correctly.
Which dealer is it? And are you sure they've a dedicated body-shop?
I'm going to take it to another dealer this weekend to see if they have the same attitute. I'm pretty sure I understood it correctly as I kept asking if he was sure they would only paint the one corner. I was just suprised that they wouldn't change a damaged part as a matter of course.
It was pretty disappointing from my point of view as that was the dealer I've been taking the car to for all it's servicing.
It was pretty disappointing from my point of view as that was the dealer I've been taking the car to for all it's servicing.
s2kuk said:
....he still hasn't been in touch with his insurers. They will now send some documentation to his insurers to follow this up.
Your claim is not against his insurers - you are claiming from him personally. It is his choice whether he passes it to his insurers or not - but that does not affect your claim and the fact that he is personally liable for repairs - insurance is only a mechanism to cover yourself against the possible cost of that liability.
Insurance companies would rather deal with insurance companies, it keeps things simple for them - but if that fails then they should get off their backsides and pursue your claim against the individual.
It gets worse (well... sort of)
It turns out that the guy who hit my car has failed to keep up the repayments on his insurance. Now his insurance are saying that they cancelled his invoice in May.
Good news is that after speaking to my insurance company they have said that the non payment is between the individual and his insurance company and that I am still able to claim against his policy (this was news to me - albeit good news). And apparantly what is even better is that this person still has a copy of his insurance certificate (which I have seen) as this also backs up the fact that his insurance is still valid.
Anyone else on here been through this before? Any advice?
It turns out that the guy who hit my car has failed to keep up the repayments on his insurance. Now his insurance are saying that they cancelled his invoice in May.
Good news is that after speaking to my insurance company they have said that the non payment is between the individual and his insurance company and that I am still able to claim against his policy (this was news to me - albeit good news
). And apparantly what is even better is that this person still has a copy of his insurance certificate (which I have seen) as this also backs up the fact that his insurance is still valid. Anyone else on here been through this before? Any advice?
s2kuk said:
Anyone else on here been through this before? Any advice?
Read my post above yours - your claim is against the individual, not the insurance company.
If they say he isn't insured because he hasn't paid, then go to the cops on the grounds that he's driving without insurance.
I'm sure he'll suddenly focus on sorting that out and they'll all find that he's been insured all the time, right enough. Then his claim (not yours) against his insurance is also valid.
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