Hit and Run Road Rage Incident Advice

[classic33]

Good point, although Smithy gave them his address and registration number and they changed the charge to assault I think rather than motoring. But he could be ducking and diving not sure how easy that would be having never had to do it!

I am not 100% on everything legal wise, so apologies if I get it wrong or are vague.

LD told me that the insurance may just look at my statement and say it’s a criminal matter, despite where the Police are in their investigation.

As far as identifying the guy is concerned, I gave a description and the app registration number/colour/make and model of the car. It may or may not be registered to him and he may or may not admit to driving it, so it could well be more complicated than we all think.

Getting the name of the vehicle owner is quite straightforward. I went after the owner when, she refused to name the driver, on the night in question.

By this time I'd already had his correct name & address* and more details than the police had.



*Driver supplied false details on the night

 

[RoubaixCube]

Getting the name of the vehicle owner is quite straightforward. I went after the owner when, she refused to name the driver, on the night in question.

By this time I'd already had his correct name & address* and more details than the police had.



*Driver supplied false details on the night

Isn't it a crime within itself to supply false details after a collision? I know that quite a lot of people have people do it to avoid prosecution and litigation

 

[Drago]

Yes, its an offence. You might also get an attempt to pervert the course of justice out of it.

 

[boydj]

I was told by LD that the guy’s insurer could refuse liability if there is a criminal charge. They may well go down that route, which leaves me having to represent myself as LD can’t.

It is my understanding that an insurance company might repudiate a claim by a driver for his own losses if driving illegally, but they will still pay out on a 3rd party claim if the driver was held responsible for the damage.

 

[bpsmith]

It is my understanding that an insurance company might repudiate a claim by a driver for his own losses if driving illegally, but they will still pay out on a 3rd party claim if the driver was held responsible for the damage.

That’s interesting. Cheers. Hopefully will get an inkling of their intentions in a couple of weeks, but that’s useful to know.

 

[classic33]

That’s interesting. Cheers. Hopefully will get an inkling of their intentions in a couple of weeks, but that’s useful to know.

Weeks!!

 

[bpsmith]

Weeks!!

It’s the power of positive thinking. Albeit unrealistic.

 

[bpsmith]

UPDATE (Of Sorts) - Apologies for Long Response...

Had a telephone call at work from the PC who is actually dealing with my incident. She had tried calling me on my mobile and no answer or ability to leave a message. I advised that it was strange as both phones next to each other and I have voicemail too. Long story short, they had another number on their system for me which may have been marked as my main number. I vaguely recognized it, but would have been a long time ago. Finally, it makes sense that they were not able to speak to me, when I wasn't actually getting the calls.

Basically, they sent forms out on 12th October to request the details of whoever was driving the vehicle. They have until 9th November to respond, before they can then attend the house and take a formal statement. This totally contradicts what I was told and the PC advised that the Sergeant has now had a good look over the incident and has strongly suggested that this be classed as a Road Traffic Incident, rather than a Public Order one.

I advised the PC that I was looking to get reimbursed for the damage to myself, kit and bike and that the RTI would probably allow me to do this via his insurance. The PC agreed that this would be beneficial to what I was looking to achieve and would factor everything in once spoken to the gentleman and partner for statements. The PC volunteered her badge number and mobile number and was more than happy to give her email address also, and told me that an email contact is very worthwhile as she is on Nightshift next week again. She said that rarely do people want to be in contact via email and couldn't understand that it's easier with shifts.

At the present time, I am no further forward than before, BUT I do feel a lot better about the whole process and in that one call the PC has significantly improved my opinion on the Police generally. I felt no disrespect towards any Police Officers themselves in fairness, but I did feel a touch disillusioned about the apparent lack of interest and my incident being passed from pillar to post with nobody appearing to be taking any interest.

Fingers crossed that it now progresses as hoped.

 

[Tim Hall]

Sounds like you're getting somewhere, if a bit slowly. I'm amazed and impressed by your attitude in the whole affair.

 

[Buck]

Feels like some progress. Hopefully it’ll move forward now for you.

 

[bpsmith]

Ok, (EDIT: Not so) brief version of my latest update:

The Police spoke to the owner of the car today and the driver was confirmed as her partner, but he’s away until Sunday. Spoke to driver on the phone and he’s making a statement on Monday night.

Statement from owner totally contradicted mine and states that I forced the car to stop, after they happened to be following me on their way to somewhere else in the opposite direction. After I swore at them continually, I proceeded to throw my bike in front of the car to stop them leaving, which they then insisted was their legal right to drive over with me behind it.

The Officer then asked why they had not responded to the insurance letter. The “lady” then said she vaguely remembers a letter but didn’t realise it was linked to the incident, despite being on the same day.

They are going to get the paperwork in order and filed on Monday/Tuesday and then it’s up to the Court to decide in 3-4 months time roughly.

Good news that they are charging him. Bad news that he’s not insured. Not spoken to Leigh Day yet, but I assume that the claim will need to be made via the MIB. I will let LD decide what happens next.

 

[si_c]

Not liking the insurance situation, but glad to hear the police are acting.

 

[Drago]

As he's not insured make sure they knock the cars owner off for "use, cause or permit". It'll make her think twice about letting the chump use the car. If she tries to cover her own arris by saying he took it without her knowledge/permission, then make sure the Feds knock him off for TWOC instead.

Now you've established he has no insurance get yourself onto this, pronto, and get your claim in.

https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/

 

[jarlrmai]

And this is about the time I would produce the video I would have of the incident, the Police are not too keen on being lied to.

 

[bpsmith]

As he's not insured make sure they knock the cars owner off for "use, cause or permit". It'll make her think twice about letting the chump use the car. If she tries to cover her own arris by saying he took it without her knowledge/permission, then make sure the Feds knock him off for TWOC instead.

Now you've established he has no insurance get yourself onto this, pronto, and get your claim in.

https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/

Cheers for the heads up. Either way, justice prevails, hopefully.

Going to let Leigh Day make that call for me, when I get 2 mins to call them.