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Bicycle damage / injury with hit and run car

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  • Bicycle damage / injury with hit and run car

    Hello all

    I am looking for a bit of guidance on how to deal with the insurance company of a hit and run car driver. I think I have to take them to the small claims court as they play deaf regarding bicycle damage / injury.

    Here is the background:

    Over a year ago, while cycling, I was hit by a car taking a brisk U turn in the middle of the road cutting into my path. I got knocked off the bike reasonably softly, but suffered a minor hit at the knee. After a few prescribed physio sessions all is good again.
    However the bike was a complete write off as later judged by a mechanic. This is because the driver, after hitting me reversed, corrected, and completed the U turn right over the bike on the road. He did a hit-and-run, and for good style was making his point by giving me the middle finger.
    On the positive side I was alert enough to capture a few pictures with driver/car/registration number included. There were also witnesses.
    I called the police, but was told they were at least one hour away. So I just filed a police report instead.
    Later, after a few attempts, MIB, gave me Insurer details and Insurer Policy Number.

    It took the police over a year before they got back to me having concluded court proceedings with a "fail to nominate driver" with fine and penalty points for a person whose name looks not quite right, maybe even made up.

    I supplied all the evidence to the insurer. Their response: the prosecuted person is not our policy holder, please refer to the MIB.

    As neither the police nor the prosecution team would give me further info, I got the registered keeper info from the DVLA. The keeper details is EMPTY, not available/missing! Calling them, they did not deny that records could be wiped post-incidence!

    So what is my best course of action to claim my expenses back? Any advise kind and knowledgable folks?

    Wrecked
    Tags: None

  • #2
    I hope someone with knowledge of these issues but here is my view - I have no real experience in this area and am not a laywer! The police contact the registered keeper who has to say if they were driving. If they do not reply they are prosecuted for failing to give this detail. However you have a policy number from the insurer which must relate to someone who they insured for that vehicle at that time. I would write to the insurer asking them to settle your costs or you will be forced to take action...if no reply follow up with a formal Letter before Action a week or so later. The Police prosecution has nothing to do with this claim as it was for failure to provide information in my opinion.It is possible however that the driver was not insured to drive that vehicle (hence the fail to provide info) in which case you have a different problem.

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    • #3
      spam reported

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      • #4
        deleted...late response

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