Accident assistance needed

[workerbee]

Hello,

Please does anyone have any advice regarding an "fail to stop" incident I was involved in. I would be really grateful for any assistance anyone maybe able to give. On the 20.05.08, I was parked and sat in my car when a Renault van came past, removed my driver's side wing mirror and drove off. I noted the registration number, make and model of the other driver's vehicle and also picked up from the road his wing mirror which stated it was from a Renault. Went and reported to the Police as a fail to stop. Had to go back in a further 2 times with my documents as they kept getting lost. By the time the Police went to see the other driver, he had his damages repaired and admitted that his wing mirror had been replaced. Anyway, spoke to police today and they had told me, that all the other items are irrelevant, i.e.damage to his van repaired, the wing mirror in my possession, taking his registration plate etc and that unless I can identify the other driver in a line up the CPS will not prosecute. Is this correct? If so why is it not the first question they ask with any crime and why waste their time and mine going to see the other driver? I asked the Police Officer if he didn't consider all the factors involved as too many "maybes" and again was told unless I can positively identfy him, they cannot pursue.

I am at a loss for what to do as my insurance company said they cannot pursue a claim unless the police prosecute? Does anyone have any suggestions as to where to go for assistance?

Many thanks

[goldspanners]

forget it,the police wont be interested,they never are,this means they have to do some work actually helping the people who pay thier wages,anytime ive had a similar situation to yours they are totally useless.

find the van and smash his wing mirror off again. and again and again and again. dont get caught though.

[goldspanners]

oh and another thing if it was a company vehicle then the company may have a register of who would have been driving the van at the time and date the accident happened.
this would be too obvious a question for the plod to ask though.

[workerbee]

forget it,the police wont be interested,they never are,this means they have to do some work actually helping the people who pay thier wages,anytime ive had a similar situation to yours they are totally useless.

find the van and smash his wing mirror off again. and again and again and again. dont get caught though.

I know what you mean...

They know who was driving the van, but again unless I can pick him out in a line up......

Given that he was driving at 40 mph overtaking on my right hand side and failed to stop only saw the back of van to get details, maybe they will let me pick that out in alline up!

[goldspanners]

I know what you mean...

They know who was driving the van, but again unless I can pick him out in a line up......

Given that he was driving at 40 mph overtaking on my right hand side and failed to stop only saw the back of van to get details, maybe they will let me pick that out in alline up!

that is a total joke,surely you could go to the police complaints commision or something, if the guy has admitted it then surely they can deal with it?
how are you supposed to pick someone out in a line up if they failed to stop?

this is why society is totally out of control.

[workerbee]

This is why I am a little frustrated! How come if you are speeding do the Police not have to pick you out from a line up?!!:rotfl:

I have made a complaint to the IPCC and am waiting for the documentation from the Police to confirm the conversation we had today regarding " their inability to prosecute due to my inability to postively identify the driver." Oh apart from having his wing mirror, registration number, make and model of car and his admission of repairs! So...I am wondering is this something the Motor Insurance Bureau would take on?

[goldspanners]

This is why I am a little frustrated! How come if you are speeding do the Police not have to pick you out from a line up?!!:rotfl:

I have made a complaint to the IPCC and am waiting for the documentation from the Police to confirm the conversation we had today regarding " their inability to prosecute due to my inability to postively identify the driver." Oh apart from having his wing mirror, registration number, make and model of car and his admission of repairs! So...I am wondering is this something the Motor Insurance Bureau would take on?

im not sure about the motor insurance bureau, this may be classed as a claim and may affect your insurance next year. not sure.

[raskazz]

You should go back to your insurer IMO. It is total BS that they cannot pursue recovery without a conviction. Of course, a conviction would have made the process easier but it is not essential. They can still attempt to recover from the third party insurer and if the case went all the way to court as a civil case it would be determined on 'the balance of probabilities'.

If you are comprehensively covered under your own policy then generally the MIB won't get involved, and in any case it applies a £300 excess to property damage.

[workerbee]

You should go back to your insurer IMO. It is total BS that they cannot pursue recovery without a conviction. Of course, a conviction would have made the process easier but it is not essential. They can still attempt to recover from the third party insurer and if the case went all the way to court as a civil case it would be determined on 'the balance of probabilities'.

If you are comprehensively covered under your own policy then generally the MIB won't get involved, and in any case it applies a £300 excess to property damage.

I am comprehensively covered but my excess is £450.00 and the repairs are £350.00, I have protected no claims, I had full no claims and never had anything happen in 15 years of motoring which is why we set the excess so high (kick myself very hard now though).

Sorry, ' balance of probabilites' does this mean they would take into account all the items the police consider irrelevant?

Thanks

[raskazz]

Sorry, ' balance of probabilites' does this mean they would take into account all the items the police consider irrelevant?

Thanks

Essentially yes. The third party driver would still have to be identified, however once the third party insurer became involved they would contact their policyholder, and he would have a very difficult time explaining why he had to repair his vehicle in an accident but did not notify them as she should have done under his policy terms. Hopefully this would lead him to admit to causing the accident or naming who did cause it. Of course, it would also narrow down the suspects to those named on his policy - unless he tried to claim that the vehicle was stolen/taken without consent, which again would land him in hot water as he clearly hasn't reported it stolen!

[workerbee]

The other driver stated to the police that the repairs to his wing mirror were done as part of a planned service and MOT, That he did not know when it was damaged as it is a works van etc. Does this still count as not notifying his own insurance company? This is a minefield!!

[raskazz]

The other driver stated to the police that the repairs to his wing mirror were done as part of a planned service and MOT, That he did not know when it was damaged as it is a works van etc. Does this still count as not notifying his own insurance company? This is a minefield!!

In which was he should have the receipts for the MOT and wing mirror repair from the same garage and the same date!

[workerbee]

In which was he should have the receipts for the MOT and wing mirror repair from the same garage and the same date!

Really really sorry Raskazz, you have lost me! Promise it doesn't take much! He had the wing mirror repaired as part of a service and MOT after the date of the accident but the police say that doesn't matter? But how does that matter to the insurance company. Sorry for being such a thicko?

[vaio]

If/when it gets to court it will be decided on the “balance of probabilities”, any evidence you have supporting your view or the same casting doubt on what the other driver says will add to your case

[Roland Waters]

Just so you know the Insurance Conduct Of Business rules state that an insurer cannot rely upon a matter that you cannot have reasonably known to void a policy.
The Ombudsman will ensure the policy is honoured even if the insurers staff are so under-trained to know these facts.

You are a victim of a common 'Insurance Fraud by an Insurer' albeit another case of an amoral insurer.

You will be entieled to loss of use compensation for the time you have been without a vehicle (claim £20.00 per day) and 4% interest over bank base rate on the monies you have been kept out of by the Insurers...The insurers concerned have just reported fantastic profit results.....no wonder given the policyholders cheated out of lawful, legitimate claims values!

R

[hewhoisnotintheknow]

i had this, then the woman claimed i knocked her mirror off even though i was not moving, in the end i had to pay half of her damage!