Hit and run. Tracing the driver?

Hit and run. Tracing the driver?

Author
Discussion

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
Hello again. I need help tracing a driver.

The story...I was riding my bike (push bike) when I was hit and knocked off by a Landrover. He had to stop which he didn't like. Police were called and they came very quickly. He was breathalysed but must have passed because he then drove off at speed.
He didn't give me any contact details. Police gave me his insurance details but refused to tell me anything else. They obtained these from their computer, not the driver.
Does his refusal to give me his details count as hit and run?

Then the fun starts. This was on a Saturday. I contacted his insurers on Monday who initially refused to talk to me. RSA said he had no policy with them. I went back to Police who told me he was with LV. I contacted LV who told me that cover was only taken out on Sunday, so they couldn't help. (I wonder if he told them about this incident?) I am left wondering why the immediate change of company.

I went back to RSA who eventually found the cancelled policy. Because this is not a car on car the claim is classed as "Special". They now won't tell me anything, they just waffle and stall.

The guy who hit me caused damage to my bike and gear - approx £1500 so not a vast fortune - which I would like to get back. My idea is to send him the bill and if he doesn't pay go via Small Claims Court. He remains liable even if his insurance won't pay out.

My question is can I find out his address form his registration number? I've heard that info can be obtained from DVLA but I've no idea how to go about this.

Can anyone give me guidance?

grudas

1,323 posts

171 months

Monday 1st July
quotequote all
not hit and run because he stopped.

you just need to open the claim against his insurance and let them deal with it - you may need to handle it yourself as you I presume do not have insurance yourself so you can't instruct your bicycle insurance company to fight it for you.

smokey mow

969 posts

203 months

Monday 1st July
quotequote all
You can request driver details from the DVLA using form V888.

https://assets.publishing.service.gov.uk/media/661...

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
Correct. I have no insurance company, that seems to be why his insurance won't deal with me.
My claim remains aginst him. I am trying to trace him.

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
smokey mow said:
You can request driver details from the DVLA using form V888.

https://assets.publishing.service.gov.uk/media/661...
Thank you. That's the sort of info I am after.

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
smokey mow said:
You can request driver details from the DVLA using form V888.

https://assets.publishing.service.gov.uk/media/661...
Just had a look at that. Am I right in thinking that this is purely a postal request? I cannot find an online means of completing the form. Do i just print off and post to Swansea? With a cheque?

smokey mow

969 posts

203 months

Monday 1st July
quotequote all
Sea level said:
smokey mow said:
You can request driver details from the DVLA using form V888.

https://assets.publishing.service.gov.uk/media/661...
Just had a look at that. Am I right in thinking that this is purely a postal request? I cannot find an online means of completing the form. Do i just print off and post to Swansea? With a cheque?
Yes, print it off, complete option B and then stick it in the post with a cheque.

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
Thank you.

Matt_T

451 posts

77 months

Monday 1st July
quotequote all
So did he have a valid insurance policy at the time of the accident?

If yes...I would have thought that you can, and are entitled to, make a claim against his insurance irresepective. Or in other words, his insurance is liable for you losses and is obliged to process that irresepctive of what he says or does.

Also, I would write to his insurance company with your claim and have them confirm receipt of this (assuming they are unhelpful on the phone).

If no... go to police that he was uninsured.


Edited by Matt_T on Monday 1st July 11:51

Matt_T

451 posts

77 months

Monday 1st July
quotequote all
...however to add, I was knocked off my bike, along with my then 8 year old daughter who was trapped against a car, by a person who refused to provide details. Fully reported to police and they never did anything, just closed the case.

So don't rely on the police...

smallpaul

1,915 posts

139 months

Monday 1st July
quotequote all
If you have the registration number you can try this form (Information you provide has to be accurate and costs £10) to find insurance policy number and provider

https://www.askmid.com/default.aspx?pg=f29b1fdc-45...

Mr Pointy

11,452 posts

162 months

Monday 1st July
quotequote all
Are you a member of any cycling organisations? British Cycling offer insurance & legal assistance:
https://membership.britishcycling.org.uk/legal-and...

Or look for a solicitor who deals with cycling claims (just an example):
https://www.fletcherssolicitors.co.uk/road-traffic...
https://www.cycle-sos.co.uk/

It's not just your bike - you might develop issues following the accident:
https://www.pistonheads.com/gassing/topic.asp?h=0&...

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
I have a police incident number. I "think" he has been sent on a driver awareness course, but plod won't tell me anything.
I am not a legal expert but as I understand things he remains liable. He legally has to have insurance. That doesn't mean that the insurance will be interested in my claim. He walked away from them the day after the incident. Why? The insurance are not talking to me - "We will get back to you" is all I can get from them. I have no relationship with his insurance. I suspect he won't tell them anything so they are kicking it into the long grass. He won't have told his new insurers so he gets away scot free.

I know this is an unusual way of doing things, but it has been done before and successfully.

He nearly killed me; if he had done so then he would have been on trial, not his insurance co. We all know that insurance won't pay out if they can avoid it.

He is liable for my losses.

POIDH

866 posts

68 months

Monday 1st July
quotequote all
You may have insurance cover via your home insurance, and this is ideal to start the process.

If you do not, there are some 'no win no fee' folk who specialise in cycle law cases and I would consider going via them.

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
smallpaul said:
If you have the registration number you can try this form (Information you provide has to be accurate and costs £10) to find insurance policy number and provider

https://www.askmid.com/default.aspx?pg=f29b1fdc-45...
Thanks. I have his insurance details but they are not interested.

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
Mr Pointy said:
Are you a member of any cycling organisations? British Cycling offer insurance & legal assistance:
https://membership.britishcycling.org.uk/legal-and...

Or look for a solicitor who deals with cycling claims (just an example):
https://www.fletcherssolicitors.co.uk/road-traffic...
https://www.cycle-sos.co.uk/

It's not just your bike - you might develop issues following the accident:
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Not Prof Pointy by any chance?

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
POIDH said:
You may have insurance cover via your home insurance, and this is ideal to start the process.

If you do not, there are some 'no win no fee' folk who specialise in cycle law cases and I would consider going via them.
For £1500??? Nobody is interested in this amount.

zarjaz1991

3,592 posts

126 months

Monday 1st July
quotequote all
Sea level said:
Thanks. I have his insurance details but they are not interested.
Who are not interested? The driver's insurers? They can't not be interested.
They might like to be but they can't be.
You're a third party and you can put a claim in against them.
How they resolve it may be up for some debate but they can't just say they are not interested.

Matt_T

451 posts

77 months

Monday 1st July
quotequote all
Sea level said:
That doesn't mean that the insurance will be interested in my claim. He walked away from them the day after the incident. Why? The insurance are not talking to me
I think that you are wrong here. If he had valid insurance at the time of the accident, then the insurance company is legally liable for your losses and have a legal duty to process your claim, provide a claim reference, and pay out if it deems your claim valid.

I guess in the paperwork there is a clause that says that the insurer agrees to carry the liability and losses of the insured.

A reputable insurance comoany is not going to risk ther reputation by trying to mess you around, what the insurer wants is to see the full picture in clear writing with supporting information to make an informe decision.

so... write to the insurer with all your information, recorded delivery, and state that you want to make a claim against the insurer of AB 123 REG and that you want a claim number issued in writing to your address.

(***note I have no legal training, just my logical thoughts)

Sea level

Original Poster:

55 posts

19 months

Monday 1st July
quotequote all
zarjaz1991 said:
Who are not interested? The driver's insurers? They can't not be interested.
They might like to be but they can't be.
You're a third party and you can put a claim in against them.
How they resolve it may be up for some debate but they can't just say they are not interested.
They are not interested. They may not have said so in as many words but they just won't talk to me. The classic stalling game. Delay and delay and hope that I go away. The law might say one thing, in practice it is a different matter. This guy walked away from them immediately after this incident. They don't want to pay out and they know that it is too much trouble for me to start any sort of action against them - no solicitor is interested in a claim for less than his fees will be.
I'm the small man who is being crapped on.