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Hit by a car while cycling - having trouble getting driver to pay for damage

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  • Richard53
    Richard53 Posts: 3,173 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    dacouch wrote: »
    You can obtain her Insurance details along with the contact number for her Insurer here www.askmid.com for a few pound.
    And don't forget to add this charge onto your total claim. It's part of your losses.


    She's messing you around, and I would have gone into attack mode by now. If you're feeling nice, tell her you will be putting it to her insurers unless you receive full payment by a certain date (say a week). If you're not feeling nice, go straight to the insurers and let her know afterwards. Either way, I think she will become a lot more co-operative.


    A lot of car drivers don't understand that 'lesser' vehicles can have high repair costs too. She probably thinks that £120 to repair a silly old bicycle is way too much. A colleague once knocked over my motorbike in the works car park. She immediately offered to pay, as it was 'just a few scratches'. Once she saw the estimate for new body panels and half a new exhaust system, she backtracked. She didn't believe that bikes could cost as much as a car to repair. I pointed out that the bike probably cost more than her car to buy. Sorted in the end, but it was a hassle. Good luck.
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • martindow
    martindow Posts: 10,568 Forumite
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    Agree, crack on with claiming from her insurance. If you're feeling mischievous you could let her know what is happening with a letter to her employers, carelessly omitting her name from the envelope.
  • timefortea
    timefortea Posts: 328 Forumite
    Part of the Furniture 100 Posts Debt-free and Proud!
    I didn't get her reg at the time (I know) so I've been in touch with the police to get it. It took a week because the PC who witnessed it has been off. I've just put it into askmid.com, and... not insured. I checked that it is a real reg using Go Compare and it gave me the details for a likely-sounding car, so I don't think I've written it down wrong, I think she's genuinely not insured. Having had a look around MID, I can see that there's a way of claiming if you're hit by an insured driver, but you must have reported it to the police within 5 days. My accident wasn't reported officially, the policeman who witnessed it said it didn't need to be because I wasn't injured. So I don't have a crime number. When I spoke to him this morning he said that because he didn't report it he can act as an independent witness, but not as a police witness... it's one thing after another.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
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    Let the police know the driver isn't insured. I'd go visit the driver and check the house and area they live in and try and gauge if they're the type of person that has money or cares about their credit rating.

    If all looks good you can sue them for your losses via the small claims court instead.
    All your base are belong to us.
  • The Motor Insurers' Bureau is funded by the motor insurance industry as a whole and allows victims to claim compensation for accidents caused by uninsured or untraceable drivers. All the information you need should be here:

    https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    timefortea wrote: »
    she's genuinely not insured

    For heaven's sake - stop being Mr Nice Guy to a woman who is a criminal!

    Write to her.

    Dear Ms Carp

    Having waited patiently for any of your promises to pay for the damage to my bicycle to come to pass, I now have little option other than commencing action against you.

    If I have not received from you the sum of £120 within the next 7 days, I shall start a Small Claims Court action against you. Costs will be asked for as well as compensation.

    I also have the option to make a formal complaint against you to the Police. Given your circumstances, I hope that you don't force my hand.

    Yours sincerely

    Fred Timefortea

    And then do it!
  • timefortea wrote: »
    My accident wasn't reported officially, the policeman who witnessed it said it didn't need to be because I wasn't injured.

    I found the police were pretty indifferent too, I got the impression I was "only a cyclist". I swapped details with the driver at the scene and then went to the police station, but they didn't want to know because nobody was hurt.

    I put a bill for the damage through the driver's letter box. A month later I'd had no response, so I went round to the house and found it was empty with a pile of unopened mail on the doormat. A neighbour said that they'd moved a few weeks earlier, so I went back to the police but they still weren't very interested and said they'd look into it. When I rang to enquire two weeks later I got a snarky copper trying to make me feel I was being selfish and impatient.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    I wouldn't be too hopeful about ever getting your money. Someone who is willing to drive uninsured then doesn't have the sense to personally pay up to hide the lack of insurance is unlikely to be concerned about the small claims court. Ask the police officer to check if she is insured as you believe she is not and ask them to pursue her with a view to prosecution.
  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'd insist that the police file a report, and get them to investigate the uninsured driver.

    You can also report the crime to Crime Stoppers here:
    https://crimestoppers-uk.org/give-information/give-information-online/

    I'd also look at suing her for damages.
  • Slinky
    Slinky Posts: 11,021 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you've got her address, write to her and give her 7 days to pay 'or you'll put it into the hands of debt collectors.'

    If she doesn't pay, go to Moneyclaimonline and file a claim. It will cost you £25 but this cost gets added to the claim. If she doesn't pay, it will put a CCJ on her credit file. If, as sometimes happens, she then pays the £120 but not the £25 court fee, you can still get judgement for the £25 and she'll still get a CCJ. It may take a while, but it will ruin her credit until she pays you.

    I've had to do this several times in the course of running my business, for even fairly small amounts, and apart from once when somebody went bankrupt, I've always got payment. I even sent the bailiffs in after somebody who wouldn't pay just over £100. He paid, plus their fees, when they were on his doorstep. Some people are so stupid!
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