Had crash - now can get hold of other driver!

[Barry031261]

Hi all,

Whilst out on Friday night I was involved in a motor accident. Nothing serious, only superficial damage was done to my drivers door and front wing.

The vehicle that collided with me was a taxi.

The police were called but they said they were to busy to attend an incident where there were no injuries.

We exchanged names and telephone numbers and I made a note of the vehicle registration number. I have since tried to call the other driver to obtain his insurance details but I cannot get an answer and he is not returning my call even though I am leaving voice messages.

Any advice on my next step?

Barry

[rogerebaker]

Barry

Where the accident is not serious and there is no personal injury involved the law requires that you exchange, Name, address of driver. Name and address of owner and registration number of vehicles.

The persons then have a reasnoble time to provide the other party with insurance details. Reasnoble is not defined but 7 days was always considered reasnoble.

Its a fair while since I had any dealings with this sort of thing so Im going from memory but Im fairly sure this is the case.

Was it your fault?

Have you got legal cover with your inusrance?

Dont forget to inform your insurance who may chase it for you?

There are specialist claims companies who in my experience are fairly good.

[Barry031261]

Thanks Rogerbaker for your quick response.

In my opinion it was not my fault, I was turning into a parking space when the taxi tried to pass between me and the gap before the space.

Altho we did exchange names and telephone numbers, the other driver was quite adamant that he did not have to give me his address! Being an 'accident virgin' I didn't know the law on this so couldn't argue with any great conviction, but I did note the name of the taxi firm and now have their address.

I do have full legal cover on my insurance and I have already informed them of the incident.

Should I just wait 7 days and see what happens?

[LondonPam]

I would wait till the 7 days are up and then contact your insurance company again. They can easily get the details of the other driver.

[rogerebaker]

I have dug out my old books on the subject so that the advice your given is accurate.

S170(2) of the Road Traffic act clearly states that the driver of the vehicle must give his name and address, the name and address of the owner and the identification mark of the vehicle.

Regards the Insurance I was incorrect. This only applies to acidents where personal injury occurs however slight..

The Act further states that that all three must be given and it is not sufficient to give only 1 or 2.

Having failed to comply with the law at the time the driver of the CAB must report the accident to a police Constable or at a police station as soon as practicable and in any case within 24 hours.

I assume he hasnt done this.

A couple of questions.

Was there any damage to his vehicle this is very important as it effects your actions?

Did you give him your name and address?

If there was no damage to his vehicle then you have no obligations under the road traffic Act regards reporting. If there was damage to his vehicle and you havnt supplied him with your name address and index then you also must report it.
Bearing in mind it was friday you also have run out of time.

Provided you supplied him with all your details or there was no damage to his vehicle I would attend the local police station and make an allegation of failing to stop and report an acident against the CAB.

The police may try and tell you that you do not need to as you have his name but dont be fobbed off. Quote S170 of the RTA 1968 The CAB has not complied with the law and you want to report it.

If you also have failed to comply its a judgement call and remember ignorance of the law is no excuse

let me know the answer to above

[Barry031261]

Ouch! I kinda wish I hadn't asked now.

Thank you Rogerbaker for some wonderful accurate advice but I am now in a real quandry.

I didn't give the other driver my name and address although I did offer it. He simply said it wasn't necessary and, like a fool, I took his word for it.
I also have not reported this to the police within 24 hours!

What am I to do now?

I'm tempted to just get my car fixed under my own insurance and forget the whole thing. Or is it really worth getting legal with the guy, especially as I am guilty of the same things!

What do you think?

Barry

[rogerebaker]

The vital question is was his car damaged. If it wasnt you have no need to give him anything or report it

[Barry031261]

Yes his car was damaged on the front offside wing.

[embo]

Hi

I am sure it is up to your insurance company to do all the chasing from now on.

Maybe give them a ring if you are uncertain as to where your claim is up to..

[rogerebaker]

To be honest its probably not worth involving the police then in the worse case scenario they could summons you both allthough that would be highly unlikely.

Was it a licenced cab with a proper plate issued by the council. If it was the council will have his details and also you may be able to make a complaint to them.

There have been a few threads on here about insurance companies and claims. Unless you have an independant witness and the accident and there is clear evidence that it was the other drivers fault the Insurance company are not likely to chase the other company for money and they will treat it as a knock for knock.

Dosnt help when your NCB gets removed and you end up paying any access.

[Barry031261]

Thank you Rogerebaker, you have been really helpful.

[Movingon]

I was under the impression that "knock for knock" went out the window a while back and fault must always be assigned?

[Rob S]

Have you contacted the cab firm direct to see if they can assist? And with regards to exchange of insurance details, the law was changed a few years back so that those involved in damage only accidents also have to provide insurance details. If after a few days you still haven't got the information you need, it will be necessary to report the accident to police and inform them that the other driver has failed to exchange details as required by the road traffic act.

[martingump]

I would just put the matter in the hands of your insurers. The insurance industry have a collective database of vehicles insured in the UK, and will easily trace your 3rd party's insurer. I wouldn't get the police involved, unless the 3rd party comes back as uninsured. The last accident my wife had (I don't have accidents!) our insurer told us over the phone within 20 seconds if the other vehicle involved was insured (it was!) and took details of the incident to present to the 3rd party insurer.

Most policies contain motor legal protection, to enable you to recover any un-insured losses (cost of hire car while in for repairs ect.) from the party at fault in an accident. You pay for this cover in your policy, so use it!

The incident my wife had ended up with County Court papers being issued, as the 3rd party chose not to respond to any correspondence from either my or his insurer. His insurer still paid up! Best of luck!