ANOTHER query ANOTHER car crash

shopaholic2

:(OK, after all the stress of my hubby's car being hit and written off my best freind rang me this morning, her partners car had been hit, by the neighbour,and even tho they admitted liability they are refusing to give my freind their insurance details. we kind of have an idea that she might not have a licence, but thats all to see in the long run.
right now I wanted to help my freind as to what might happen, she has contacetd her insurance, and already has a courtesy car, and the ins will be taking hers away monday, BUT if the neighbour is refusing to divulge their insurance details what will happen?

thanks for advice (again!)
Ironic thing is we were just talking yesterday about how grateful I was that we had GAP insurance on hubbys car, and she was saying they never took it for theirs and if it got written off they would be stuck!!!:(

dacouch

You can check whether it has Insurance and who the Insurers are along with their contact details for a small fee from this website which is linked to the database the police use to confirm Insurance (It is only about 95% accurate so just because it does not show does not mean it's not insured)

https://www.askmid.com

If it does not show as being insured I would suggest you claim on your own insurance, of you only have third party cover you can claim off the MIB.

andygb

All you have to do in this case, is give the details to your or in this case your friend's partner's insurance company, drivers name, car involved, their address, and the insurance company will be able to see if they are insured.
If someone admits liability (and even if they do not), then they do not have a choice about giving their insurance details.
If there is anything untoward going on here, then the guilty party will soon get a visit from the police.

Pew_Pew_Pew_Lasers!

I'd get the police involved.

Quentin

andygb wrote: »

If someone admits liability (and even if they do not), then they do not have a choice about giving their insurance details.

This is incorrect.

No-one has to hand over their insurance details to the other party after an incident unless there is any injury caused to a person.

But if the only "injury" is damage to property, then you can tell the third party to whistle for your insurance details!

Kilty_2

Quentin wrote: »

But if the only "injury" is damage to property, then you can tell the third party to whistle for your insurance details!

I think you'll find the Road Traffic Act differs, if there is an "incident" involving two cars.

I also think the Police would beg to differ if the incident was reported to them since the third party refused to give details.

Quentin

You post with some authority, but would lose if this was a bet! (Though you only say you "think"!)

You don't have to hand over insurance details to the third party if no personal injury is involved. You do have to give contact details, but even then if you feel the third party is being unpleasant/threatening etc you can instead go to the nearest police station and report the incident there. (Though anyone doing this might want to phone the police station first to say they were coming to avoid any accusation of leaving the scene)

andygb

Quentin wrote: »

This is incorrect.

No-one has to hand over their insurance details to the other party after an incident unless there is any injury caused to a person.

But if the only "injury" is damage to property, then you can tell the third party to whistle for your insurance details!

It is not incorrect, because in the absence of them providing their details, my insurance company will get them within seconds if I give them the registration number of the other car, the drivers name and their contact details.
I know this for a fact, because it happened last year, when a young man backed his car off the drive into my car. No injuries, but he was worried about losing his no claims bonus, so didn't want to get his insurance company involved.
He had no choice, I phoned my insurance company, and they got the details within seconds. Despite them trying to stall and re inventing a story, he was forced to admit liability and I was paid in full.
The law is clearly on the side of the OP, and anyone who thinks otherwise is living in the land of urban mythology.

Quentin

The "law" didn't get you the details, your insurer did!

There is no legal requirement for the parties involved to pass on insurance details to each other in incidents where no personal injury is involved!

andygb

Quentin wrote: »

The "law" didn't get you the details, your insurer did!

There is no legal requirement for the parties involved to pass on insurance details to each other in incidents where no personal injury is involved!

A bit pedantic, because the details are going to be found, so simply refusing to give them is of no benefit to you, and you could end up with a criminal record.

xycom1

Pew_Pew_Pew_Lasers! wrote: »

I'd get the police involved.

+1, the person who is witholding their insurance details is guilty of criminal offence.

FYI Quentin, the Road Traffic Act 1998 section 154 specifies:

(1) A person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 145 of this Act must, on demand by or on behalf of the person making the claim—
(a) state whether or not, in respect of that liability—
(i) he was insured by a policy having effect for the purposes of this Part of this Act or had in force a security having effect for those purposes, or
(ii) he would have been so insured or would have had in force such a security if the insurer or, as the case may be, the giver of the security had not avoided or cancelled the policy or security, and
(b) if he was or would have been so insured, or had or would have had in force such a security—
(i) give such particulars with respect to that policy or security as were specified in any certificate of insurance or security delivered in respect of that policy or security, as the case may be, under section 147 of this Act, or
(ii) where no such certificate was delivered under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy issued in respect of the vehicle, the name of the insurer and the period of the insurance cover.
(2) If without reasonable excuse, a person fails to comply with the provisions of subsection (1) above, or wilfully makes a false statement in reply to any such demand as is referred to in that subsection, he is guilty of an offence.

"Against whom a claim is made" - nothing to do with injury of a person.

http://www.opsi.gov.uk/acts/acts1988/ukpga_19880052_en_1