Insurance disclosure question.

[me2]

I was recently knocked down by a motor vehicle, this incident took place off the public highway, driver is refusing to give his insurance details, what is the law in this case?.

[vonhosen]

Where did it happen ?

[me2]

Right of way going past his property leading to mine.

[vonhosen]

I'm trying to visualise what you mean.
A private (shared) driveway leading to both your properties ?

Edited by vonhosen on Sunday 23 December 11:43

[me2]

I think that is a fair description.

[vonhosen]

Then the Road Traffic Act doesn't apply to it & there is no obligation for him to have (or produce) insurance in relation to vehicle use there.

None of that stops you getting legal advice & starting proceedings in the civil court for damages/injuries. If he has insurance to cover it then it's up to him to inform his insurers, if he doesn't he will be liable for any costs himself. If he has insurance to cover it & doesn't inform them as per the T&Cs of his insurance policy, then that may compromise his cover.

[me2]

Thanks Von.

[JustinP1]

vonhosen said:

Then the Road Traffic Act doesn't apply to it & there is no obligation for him to have (or produce) insurance in relation to vehicle use there.

None of that stops you getting legal advice & starting proceedings in the civil court for damages/injuries. If he has insurance to cover it then it's up to him to inform his insurers, if he doesn't he will be liable for any costs himself. If he has insurance to cover it & doesn't inform them as per the T&Cs of his insurance policy, then that may compromise his cover.

Agreed with that.

What a lot of people don't appreciate is that the insurance company is there to basically cover the cost of the damage/legal action.

So, technically it is Driver A sueing Driver B. However, as the insurance companies are picking up the cost, they often require to have some say in how the case is fought to protect their interests so often the insurance company is the first port of call.

In *this* situation the driver has opted not to involve his insurance company in the first instance. Thats his prerogative. What you can do is to initiate private action against the driver through the civil court. Here you will look to reclaim the damage caused by his negligence. *If* his insurance covers him then they will pick up the cost.

This is something you *could* initiate yourself but it is not advised. You need to have an experienced individual representing you to ensure that all the 't's are crossed and 'i's dotted as you can guess that as soon as the claim starts and the driver knows he can't back out then he will pass it to his insurance who will of course employ a specialist solicitor.

As this case may seem open and shut and the driver have insurance coverage I would have thought a 'no win no fee' solicitor would snap your hand off offering to represent you. If you think the claim is serious enough to push for, go with them, if not then I would forget about it without representation.

[Big Fat F'r]

me2 said:

I was recently knocked down by a motor vehicle, this incident took place off the public highway, driver is refusing to give his insurance details, what is the law in this case?.

I assume there is something to claim for by the way.

'Knocked down' covers everything from a dead slow reverse that nudges the thigh, causing a slight stumble from you and a full and effusive apology from him for his genuine and innocent mistake....to the full blown driving out without looking bouncing you 30 feet into the air, resulting in 3 months off work, while he shouts at you "you shouldn't be so stupid to stand there, d!ck".

Obviously I'm not saying don't claim, I'm merely interested as to what the claim is.

BFF

[me2]

Big Fat F'r said:

me2 said:

I was recently knocked down by a motor vehicle, this incident took place off the public highway, driver is refusing to give his insurance details, what is the law in this case?.

I assume there is something to claim for by the way.

'Knocked down' covers everything from a dead slow reverse that nudges the thigh, causing a slight stumble from you and a full and effusive apology from him for his genuine and innocent mistake....to the full blown driving out without looking bouncing you 30 feet into the air, resulting in 3 months off work, while he shouts at you "you shouldn't be so stupid to stand there, d!ck".

Obviously I'm not saying don't claim, I'm merely interested as to what the claim is.

None of the above was the case but, result was onto bonnet, head contacted same or w/screen not sure which, result carted away in bloodwagon and ended up needing 7 months treatment by, physio,osteopath, then chiropractor, almost sorted now, apart from pins and needles in left hand problem with left lower back which means if I sneeze or cough I nearly pass out with the pain, oh, and tinitus???

BFF

[Boosted LS1]

That sounds quite serious then. I'm surprised he hasn't given you his details so that you get looked after. If I'd knocked you over I'd certainly have provided them.

Boosted.

[Big Fat F'r]

me2 said:

Big Fat F'r said:

me2 said:

I was recently knocked down by a motor vehicle, this incident took place off the public highway, driver is refusing to give his insurance details, what is the law in this case?.

I assume there is something to claim for by the way.

'Knocked down' covers everything from a dead slow reverse that nudges the thigh, causing a slight stumble from you and a full and effusive apology from him for his genuine and innocent mistake....to the full blown driving out without looking bouncing you 30 feet into the air, resulting in 3 months off work, while he shouts at you "you shouldn't be so stupid to stand there, d!ck".

Obviously I'm not saying don't claim, I'm merely interested as to what the claim is.

BFF

None of the above was the case but, result was onto bonnet, head contacted same or w/screen not sure which, result carted away in bloodwagon and ended up needing 7 months treatment by, physio,osteopath, then chiropractor, almost sorted now, apart from pins and needles in left hand problem with left lower back which means if I sneeze or cough I nearly pass out with the pain, oh, and tinitus???

Quite serious then!!!

I'm assuming this happened 7-8 months ago, and you have now asked for his vehicle insurance details, and he is refusing to supply (as he is entitled to).

Seek Legal advice re the Accident.

BFF

[me2]

Thanks to all, will update when anything to report.