Recovering costs after an accident

[Arjimlad]

You're unlikely to find a firm to take it on for you because it will be small claims, and they won't be able to recover their fees from the opponent. You can bring your own claim online initially, if you have his address. Police might not be a bad idea in terms of getting his insurance details.

Any witnesses ?

 

[spen666]

You have to pay for small claims. Legal advice, which may suggest small claims, is free through British cycling. I believe by law, if involved in an accident, regardless of circumstances, you are obliged to provide insurance details

Not sure on your point re small claims court. You are not getting advice from the court, you are issuing proceedings.

I am talking about a different aspect to getting advice alone.

As for the insurance point, only motorists have to provide their insurance details. Cyclists are under no such duty

 

[vickster]

Of course, I meant the motorist who hadn't at the point of posting given his details, you don't need insurance to ride a bike

To issue proceedings through the small claims court, you have to pay a fee. To get advice and potentially action from Brish Cycling's legal lot, it costs nothing for a member. They may simply say go through small claims, they may not.

Personally, I used the small claims for a matter relating to a car, cost me more money and I got nothing back, but a completely different scenario. If I had engaged a solicitor in that situation, I may have not ended up even more out of pocket (scumbag car dealers).

 

[Crankarm]

Business card ……….. if he won't pay then ask him if his car is a company vehicle. If it is and he still won't pay then tell him you'll contact his employer for insurance details which might make him pay up pronto to avoid you doing this as he might well then get a huge bollocking.

Any witnesses?

 

[classic33]

Supplying of insurance details.
Damage but no injury.
Need to exchange details of the driver & those of the vehicle owner if different. Also registration number of the vehicle.

 

[uclown2002]

If there is no injury then driver is under no legal obligation to provide insurance details.

 

[vickster]

If there is no injury then driver is under no legal obligation to provide insurance details.

That does not appear to be so

In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them.

http://www.adviceguide.org.uk/engla...ng_e/consumer_driving_e/traffic_accidents.htm

 

[uclown2002]

That does not appear to be so

In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them.

http://www.adviceguide.org.uk/engla...ng_e/consumer_driving_e/traffic_accidents.htm

From your link:-

If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. If the insurance certificate is asked for, but not produced at the time, the accident must be reported to a police station as soon as practicable, or in any case within 24 hours, and the insurance certificate must be taken to a police station within seven days of the accident. However if the driver is asked at the time of the accident to produce insurance details and does so, there is no further obligation to report the accident to the police, as long as they have complied with the duties described above.

 

[vickster]

I don't follow. My quote in italics is below that in the link, and specifically refers to cases where there is damage only to property, I.e. The bike.

As far as we are aware, the driver has not provided insurance details. Phone number and reg available only. There is no personal injury so there is no legal obligation to involve the police, IF the driver stumps up insurance details. Now if he refuses, the OP could go to the police, although they may not do anything

If a driver involved in a traffic accident refuses to give details, such as name and address, at the scene of the accident, this information can be obtained in other ways. If the registration number of the vehicle has been noted and the accident has been reported, the police can trace the owner (not necessarily the driver) of the vehicle and their insurance company. However, the police can refuse to pass on this information.

 

[uclown2002]

My quote is below that and specifically refers to cases where there is damage only to property, I.e. The bike.

As far as we are aware, the driver has not provided insurance details. Phone number and reg available only

Hmm, I see that now. That seems to undermine S170 of the RTA though! S170 only requires insurance details to be given in PI cases. I'll do some more digging when I have more time.

 

[vickster]

I have no idea. I'd have called the British cycling legal line for advice

Surely if there is damage to a third party vehicle, it is correct that this should be addressed through insurance if that is what the third party wants. That's why you have to have third party insurance as a minimum

 

[glasgowcyclist]

That does not appear to be so

In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them.

http://www.adviceguide.org.uk/engla...ng_e/consumer_driving_e/traffic_accidents.htm

As uclown says, this isn't supported by the Road Traffic Act S170. What makes things confusing is that some police websites agree with the information given by the site you quoted but don't provide a source for that assertion.

GC

 

[vickster]

It's evidently as clear as mud, so I'd be talking to the BC team to clarify the position. I assume a legal team specialising in accidents has rather more idea than me!

I expect the driver has limited knowledge here too, so my stance would be that unless details are provided, then legal advice will be sought

It is a sadness that there is no protection for pussy cats

 

[glasgowcyclist]

I have no legal background, but I see nothing obvious that says that subsection 5 etc refer only if there's an injury?? 1b refers to damage to another vehicle

If you take another look at subsection (5), you'll see that the obligation to provide insurance details is limited to "...in a case where this section applies by virtue of subsection (1)(a)..". Subsection (1)(a) relates to personal injury situations only, so it does not extend the obligation subsection (1)(b) cases, which are damage only.

GC

 

[vickster]

If you take another look at subsection (5), you'll see that the obligation to provide insurance details is limited to "...in a case where this section applies by virtue of subsection (1)(a)..". Subsection (1)(a) relates to personal injury situations only, so it does not extend the obligation subsection (1)(b) cases, which are damage only.

GC

Yes on re reading the gobbledygook I found that, hence post edited already

However, I still can't see most drivers having any awareness of this, so legal advice warranted