Claim through officialinjuryclaim.org.uk for PI following RTC Road Rage Incident

[rickyleavet]

Hi all,

I was involved in an RTA that resulted in physical assault against me by the other driver in Mid January.

I was left with both Physical & Mental Health issues following this.

As I didn't have personal Injury cover on my policy, my insurer directed me to officialinjuryclaim.org.uk (OIC), to claim from the other insurer.  

I spoke with them Yesterday, they say I need the reg. No. & name of the other driver. Due to the nature of the incident, I only have the reg. plate of his car, but no name.

To add a bit of detail, the Police are involved, I have several witnesses to the impact & what followed, who each provided statements. My insurer has informed me the other insurer has accepted full liability. 

OIC informed me to head over to mib.org.uk, to obtain his name from the reg. plate.

I paid £10- online search fee, & the only info it came up with was his insurer's contact details (which I already had, from my insurer).

I then phoned mib, to request the "untraced driver" route (as directed by OIC), but mib have stated categorically they CANNOT provide me his name.

When I went back to officialinjuryclaim, they said they can't proceed without the name. So, catch-22.

My question is,

how can I proceed with this, both my own insurer & his insurer won't give me the name, mib won't, (they say the "untraced driver" route is not appropriate for this incident) & OIC say they definitely can't open a claim without it.

My 1st preference would be to proceed with OIC, as there's no solicitors involved, but I'm stuck without a First & Surname.

I'd really appreciate any help or advice with this.

I would also be interested to hear if anyone has experience of OIC, it seems they work on behalf of the Ministry Of Justice, but this is all new to me.

Cheers, ric

 

 

[AndyOrch]

For information

https://assets.publishing.service.gov.uk/media/65706e14739135000db03bea/5-steps-using-online-official-injury-claim-service.pdf

[lolerz]

I would have thought claiming through your insurance for personal injury would have been better here than doing it yourself?

[jk2054]

The OP doesn't have PI cover 

[lolerz]

As you're claiming off their insurance anyway it shouldn't matter if I remember correctly.

[dx100uk]

what are police doing too?

this is a case of physical assault as a result of road rage......

dx

 

[rickyleavet]

I appreciate everyone for chiming in, this is appreciated - thx AndyOrch - I'll have a careful read through that,

dx100uk they've had the driver in for interview under caution, as he was invited twice & failed to attend both times

- last I heard, they were planning to bring in his passenger, who was also involved,

tbh I know the Police are stretched & I don't hold out a lot of hope on this aspect of it.

I've chased a few times, but I don't enjoy re-living the horror story by recounting it regularly, whilst discussing it with them.

They have my statement, (& several witness statements from onlookers) 

I've indicated I would be prepared to attend court if it goes to trial. 

ric

[dx100uk]

and they've not told you his details? 

have you asked them? 

i cant see either why officialinjuryclaim.org.uk can't ask the police directly themselves...

but then again MIB are govt too...weird they wont talk to each other......

dx

 

[rickyleavet]

nope they're ADAMANT they cannot release his name to me under GDPR, (neither can either insurer)

I did ask OIC why they can't just go to MIB directly & obtain, just very frustrating.

in the end, OIC (who were out of ideas by this point) said I could actually just use MIB instead, as they offer the same service apparently... smh... 

[Mycathasfleas]

Ok.

The short version.

After a collision drivers have to provide certain information to anyone (including police) having a reason to ask for it. This includes the drivers name and address. (And other information) 

If particulars were not exchanged at the tine, as it seems to be here, then police will ensure the law is complied with by furnishing particulars of parties involved. Often by letter. 

I suggest you write to the area HQ asking for this information. Keep it simple.

You were involved in a collision on (date) at (place). Details were not exchanged at the time. Please provide the name and address of the driver and keeper if different. It should be automatic. 

Just a clarification.

GDPR does not apply to police where there is a legal requirement to release the information. (One might also make a case for "policing purposes").

I have not come across any occasion where information has been refused after a collision.

Any more than it would apply to you for sharing it with insurance company or legal representative. 

[rickyleavet]

Slight mis-reading on my part,

the "they" that won't provide the name is the MIB, not the police

- I've got a call-back from the officer dealing with it over the wkend,

hoping this will bear some fruit.

(unsure if the request needs to be official or not, so I'll ask the q 1st). 

[rickyleavet]

OK, update after several more phonecalls, the officer dealing with the incident has been told by his supervisor he definitely cannot provide the other parties' name, I just had a chat with the GDPR team at the force dealing with this & they cannot provide it to me either. 

To say this is a faff is putting it mildly. Little point in going back to officialInjuryClaim.org as they've already stated there's no way they can go forwards without this info. 

[rickyleavet]

I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver.

Got this response:

Dear Mr. ---------

 Our Ref: ----------

 Thank you for your request which has been forwarded to the Data Protection Team for consideration.

 The data you are requesting is third party, we would not give this information directly to you.

 Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.

 I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.

 If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected] 

Kind regards 

-----------------

Data Protection Assistant

My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  

If anybody has any advice on where I can go with this, it would be greatly appreciated

[jk2054]

Have you started your claim with this organisation or not?

 

[rickyleavet]

Not yet

[jk2054]

Just waiting for some confirmation and ill get back to you.

[BankFodder]

I don't think there is anything in the rules which prevent you as a litigant in person making your own subject access request. I suggest that you respond to them and say that you are litigant in person, clearly you are the injured party in the case and so therefore you are making your request which you would like to be satisfied as soon as they complete their investigation.

See what they say and if necessary complaint to the information Commissioner. I think we have had this before and I think it is the police being overcautious but you are entitled to the data you are seeking under information Commissioner and DVLA rules

[rickyleavet]

@jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver. 

@BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response.

Edited May 21 by rickyleavet

[rickyleavet]

I now have the name of the other driver,

had another chat with OIC on the phone,

they are stating that there's limits to injuries & losses which I believe will fall below my circumstances,

my self-employed business is finished, I have physical & psychological injuries as a direct result of the incident, & now unsure what the best way forwards is - 

as above, I have no P.I cover on my motor insurance,

do I approach a no win - no fee solicitor, or do I handle this myself?

Or are there other avenues, unsure which is the best way forward

[rickyleavet]

If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 

[jk2054]

Hi, its likely to be a complex case  and may require some legal expertise so its best to speak to a NWNF solicitor for PI