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Drink driver damage- how do I get my garden back?

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  • Car_54
    Car_54 Posts: 8,838 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    452 said:
    J0N4H848Y said:
    No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 
    Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.
    They will already know that. But it entitles you to demand the information from "A person against whom a claim is made", not from the police.



  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    Car_54 said:
    452 said:
    J0N4H848Y said:
    No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 
    Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.
    They will already know that. But it entitles you to demand the information from "A person against whom a claim is made", not from the police.



    And for that reason the police will provide them. 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Or if you know the plate, you could just take a minute and go to askmid.com from a mobile device, and get his insurance details directly...
  • olgadapolga
    olgadapolga Posts: 2,327 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    452 said:
    Car_54 said:
    452 said:
    J0N4H848Y said:
    No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 
    Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.
    They will already know that. But it entitles you to demand the information from "A person against whom a claim is made", not from the police.



    And for that reason the police will provide them. 
    Unfortunately that's not my experience of these situations.

     I was hit by a drunk driver who then  left the scene of the accident. I was left unconscious and injured. He was caught and charged but the police will not  release his  details  nor the details of the vehicle involved until (and I quote from correspondence with the police force involved) "the full police report has been completed".  This is despite my solicitor requesting the details under the relevant law.

    Perhaps different police forces have different attitudes towards this and hopefully the OP is in a different area.

    OP, I hope that you get this sorted as it must be devastating for you.

  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    452 said:
    Car_54 said:
    452 said:
    J0N4H848Y said:
    No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 
    Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.
    They will already know that. But it entitles you to demand the information from "A person against whom a claim is made", not from the police.



    And for that reason the police will provide them. 
    Unfortunately that's not my experience of these situations.

     I was hit by a drunk driver who then  left the scene of the accident. I was left unconscious and injured. He was caught and charged but the police will not  release his  details  nor the details of the vehicle involved until (and I quote from correspondence with the police force involved) "the full police report has been completed".  This is despite my solicitor requesting the details under the relevant law.

    Perhaps different police forces have different attitudes towards this and hopefully the OP is in a different area.

    OP, I hope that you get this sorted as it must be devastating for you.

    Did your solicitor pay of a copy of the interim report or simply request the details be sent to them?

    They may not have been quite a proactive as they lead to to believe. 
  • Car_54
    Car_54 Posts: 8,838 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    452 said:
    Car_54 said:
    452 said:
    J0N4H848Y said:
    No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 
    Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.
    They will already know that. But it entitles you to demand the information from "A person against whom a claim is made", not from the police.



    And for that reason the police will provide them. 
     This is despite my solicitor requesting the details under the relevant law.
    The "relevant law" makes it an offence for the driver not to provide the details, if requested by the claimant. But it does not give the claimant a right to the information, and it doesn't put the police under any obligation.

  • Thanks to all for your responses. Very much appreciated. Restores my faith that most people are decent individuals & it's just the few idiots that are the exception not the rule. I will attempt to get some progress in the next few days/weeks and will post the outcome. Thanks again everyone. ✌😁
  • dyhyboze
    dyhyboze Posts: 6 Forumite
    First Post Photogenic
    Agreed, his insurance company
    Curiosity killed the cat
  • Indout96
    Indout96 Posts: 2,387 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    We had a guy come through our wall at our old house - not drunk but racing, we claimed off our house insurance who then claimed it all back from his insurance, took a while but we did get the money back. 
    Totally Debt Free & Mortgage Free Semi retired and happy
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