how to fill out the form N316 order to obtain information

[stestrange69]

Re: how to fill out the form N316 order to obtain information

just remembered and after reading the rta 1988 act you mention earlier it says about private land. This happened in a Sainsbury's car park would this make any difference.

[des8]

Re: how to fill out the form N316 order to obtain information

He is named on the certificate of insurance, but had given false information to obtain that insurance.
After the incident a claim was made on that insurance.
At that time the falsity was discovered, and the insurers declared that policy void.
That means the insurance is regarded as never having existed.

HOWEVER, because of political pressures, and the fear of the insurance industry of being nationalised, The Road Traffic Act 1988 included a clever little clause
Sec 151 rules about the duty of insurers and para (5) says that even if the insurer could have, or actually has, voided the policy they still have to pay up.
BUT sec 151 says they don't have to pay if they were unaware of the court case.
Normally one would expect a formal letter advising the insurers of the case, but as you were a LiP I think you will be ok as you discussed it with a professional who one would expect to know the law!

- - - Updated - - -

just remembered and after reading the rta 1988 act you mention earlier it says about private land. This happened in a Sainsbury's car park would this make any difference.

It might be private ground, but they are classed as public roads!

Relevantlegislation RTA 1988 sec 143 ....a person must not use a motor vehicle on a road [F1or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance ....

[stestrange69]

Re: how to fill out the form N316 order to obtain information

thanks for your help.
just last few questions for tonight if you dont mind.

would your next step be to contact the claims service and ask for the insurance companies details to be able to contact the insurance direct?

would it be worth asking for a copy of the recorded telephone conversations ive had with them as I definitely said I was taking the defendant to court so they knew my intentions was to go to court about it?

Also they was very knowledgeable when I spoke to them about the claim all the time they always gave me more information as they kept using insurance jargon to try and baffle me but I kept asking for them to put it into a way an average human can understand that doesn't work in insurance and they would always explain it better for me.

Once I have the details of the insurance find the CEO details and contact them directly but what would I need to put in this letter as ive never had to write anything like this before and not fully understanding the law I wouldn't want to put something that I'm not sure of myself. I will post on here before sending but if I have some kind of guidance it would make it loads easier for me. in this letter would you include any copies of any of the court documents like the judgement etc.



regards Stephen

[des8]

Re: how to fill out the form N316 order to obtain information

First try and discover the insurers, and we can then take it from there, and yes you could ask for transcripts of phone calls

In post 1 you said the other party gave you false info.
Did this include the name of the insurers he thought he was insured with?
How did you get in touch with Premier/ or did they contact you first?
Was there anything done in writing or was it all by phone?

[stestrange69]

Re: how to fill out the form N316 order to obtain information

yes the insurance details he gave the police was incorrect I had to go through 2 other insurances companies before I got pointed in the correct direction of the insurance company he was with which was Premier or so I thought until today when you pointed out there just the claims company.
But it was myself that contacted them first.
He never even let the insurance know about it even when the police had been as he said to his insurance the police said there was nothing to answer for. But this wasn't the case the police said that after he had hit my car he didn't turn around to have a look to see if he had done any damage so they would not prosecute him as they dont believe he knew he did the damage and would be hard to prove he knew he had done it and left the scene without leaving details. In my eyes this is absolute rubbish as the car cleary shakes and makes a massive bang which can be clearly heard so to say he never knew he did it I think is far from the truth. the claim for the damage was still to be upheld as regardless of if he knows he did it the camera evidence proved he did it and the damage was still outstanding to be paid to repair.

originally he drove away from the scene without leaving details and it was due to the fact he was caught on video camera that we was able to take it to the police to investigate further to which the police eventually got the drivers details but at first I was refused the information from the police as the driver said to the police he didn't want me contacting him direct to cause any problems as he lives in the same town as me and thought I would turn up at his door. The major issue I seen here was I'm pretty sure I was entitled to this information and the police wouldn't give it me at first but I rang and spoke with someone at the customer service office at the police station who didn't know much about the case and freely gave me his and his family members (owner of the vans) details. from everything that's happened I can now see why he didn't want to give me his info as it was an avoidance tactic with the false insurance details he gave them. the police are meant to be following it up but not heard nothing from them about it and they keep changing the officer in charge of it.

[des8]

Re: how to fill out the form N316 order to obtain information

So the company who pointed you in the direction of Premier would most probably have been his insurers, and they just passed you over to what passes now a days as a claims dept.
So check with Premier that they are acting on behalf of XYZ company.. A phone call to Faisal Shah (without telling him why you need the info) should be sufficient.

What b****y police force was that.
There has been a collision, and whether or not he driver was aware of it at the time, he has to give you his details.
Refusal is an offence.(Sec 154 0f RTA 1988)

When you requested details from the police, did you submit a written request on their official form?
As it is a legal requirement that the third party give you their insurance details, the police should not with hold that info.
Write to the chief constable asking 1) why was it with held & 2) are they taking action against the third party for not supplying his details to you & 3) for driving under cover of a policy obtained using false information? & 4) supplying the police with false info when the insurers were XYZ


I bet your thinking "I wish I had gone via my own insurers" at this point.
As a matter of interest (and this is solely for my personal interest) do you have comprehensive insurance, and what was the value of your claim?

[stestrange69]

Re: how to fill out the form N316 order to obtain information

So the company who pointed you in the direction of Premier would most probably have been his insurers, and they just passed you over to what passes now a days as a claims dept.
So check with Premier that they are acting on behalf of XYZ company.. A phone call to Faisal Shah (without telling him why you need the info) should be sufficient.

What b****y police force was that.
There has been a collision, and whether or not he driver was aware of it at the time, he has to give you his details.
Refusal is an offence.(Sec 154 0f RTA 1988)

When you requested details from the police, did you submit a written request on their official form?
As it is a legal requirement that the third party give you their insurance details, the police should not with hold that info.
Write to the chief constable asking 1) why was it with held & 2) are they taking action against the third party for not supplying his details to you & 3) for driving under cover of a policy obtained using false information? & 4) supplying the police with false info when the insurers were XYZ


I bet your thinking "I wish I had gone via my own insurers" at this point.
As a matter of interest (and this is solely for my personal interest) do you have comprehensive insurance, and what was the value of your claim?

Ive spoke to them this morning and asked for the transcripts and also the insurance companies details which they said they couldn't give me unless I wrote an email or letter requesting both.

they did say to me the reason they voided the insurance was due to inception which means the policy was not in place when the incident happened. I did mention I had had some legal advice and said that due to the rta 1988 that even though there insured party they would not have to pay damages to that my damages they was still liable for.

I do have fully comp insurance the claim is for £619 (includes the small claims charges)

I didn't want to go through my insurance due to I dont see it as an incident involving me as I wasn't even in the car so either his insurance should pay or he should pay. I feel I shouldn't have to be forced to claim via my own insurance

it was Derbyshire police force that withheld the information it was the officer dealing with it at the time that said it to me and I did say at the time they cant keep the information from me as by law he needs to give me the details. she said that as long as the insurance company has his details then he has done nothing wrong and that I should call my insurance and they would do the leg work to get the information needed from the police.

Thanks stephen

[des8]

Re: how to fill out the form N316 order to obtain information

Regarding the insurance I explained the position in post 17.

Yes , when a policy is voided it is regarded as never having been in existence, ie voided back to inception.
But when a third party is involved the law says the insurer, who would have been the insurer if the policy had not been voided, is still liable for the losses.
It is then up to the insurer to claim the money back from the person who caused the damage.

Although I read what you say about not claiming on your own insurance, I do think it was a poor choice.
You pay for insurance, so that in the event of damage your claim is sorted out by your insurers
(Why keep a dog and bark yourself?masroll
They would have pursued the other parties' insurance company and recouped their losses.
They would have told you who the insurers were so you could obtain indemnity for any uninsured losses eg excesses.
Assuming they recouped their payout it would not normally affect your No Claim Bonus.
Don't forget on renewal, although it was not your fault, you have to declare the incident to your own insurers.

So send Premier an email requesting the details.
Hopefully, now they have an idea of your intentions, they will not delete parts of your phone records.
In the meantime I'll draft a basic letter for you to work off, but it might be a day or two as my OH says I have things to do before Christmas:tinysmile_cry_t:

[stestrange69]

Re: how to fill out the form N316 order to obtain information

That would be great if you could and totally understand there is loads to do at this time of year. I'm not expecting premier to get back to me before Christmas if I'm honest.

Thanks again for all your help

Regards Stephen

[des8]

Re: how to fill out the form N316 order to obtain information

back after a short break!
Did you also claim interest, and did the claim include your costs?

[stestrange69]

Re: how to fill out the form N316 order to obtain information

I didn't claim interest but did claim costs which was £619.20 TOTAL with £60 costs included in that price. I've not heard back from the claims service since I emailed them for the info requested . Think I will give them a call tomorrow and chase them up

[des8]

Re: how to fill out the form N316 order to obtain information

That's a pity!!

Letter for Premier:

Dear Sir

Re your insured MrX. Yza
Policy numberXXXX
Vehicle make &model Reg no; AB11 XYZ

On dd/mm/yyyy, your insured collided with my stationary vehicle,(vehicle make & modelReg no CD22 ABC) .
Mr X Yza left the scene without leaving his details, but was traced by use of CCTV.
A claim was made ondd/mm/yy (if you don’t know the exact date write “on approximately dd/mm/yy).
Eventually,on dd/mm/yy, I was advised that as your insured had supplied incorrect information regarding the ownership of his vehicle on his proposal, you had declared his insurance void.
On dd/mm/yy I advised you I was initiating court action against your insured, and requested written confirmation of your action in voiding his policy.
On dd/mm/yy you wrote such a letter.
I proceeded with my claim and received judgement in my favour on dd/mm/yy.

In accordance with the Road Traffic Act 1988 Section 152(2) I now look to you to satisfy that judgement within the next 14 days.

I require payment of the judgement amount as per enclosed court order.
Yrs SteStrange

Mark the letter “CC to Mr A, Bcde. CEO of ABC Insurance Company”
and send to premier .

Also write a Letter to the CEO of the insurance company along the following lines:

Dear Mr A Bcde (Do address it to him personally!)

Please find enclosed a copy of a self explanatory letter dated dd/mm/yyyy sent to your claim’s agency.
I trust there will be no delay in settling the outstanding amount.
Yrs SteStrange

enclosecopy of above letter to Premier.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

Thank you I will chase up the claims service tomorrow about this. Do you think it will matter now if I got rid of my car as I've been holding onto it due to them saying they would pay the garage to fix it or anything like that. But I'm at a point with my new business that I need to get myself a van and I've been holding off just incase it was said that I need to get it repaired.

Thanks stephen

[des8]

Re: how to fill out the form N316 order to obtain information

I see no reason why you should not dispose of the vehicle.
Following the incident you obtained a quote to cover the cost of repairs.
As it is your vehicle it is your choice whether or not you actually have it repaired.
As the injured party you do not have to accept an offer from the other party to arrange repair. (but I gather they haven't even offered anything, hence the court case)
The value of the vehicle has been reduced by the damage and so the judgement in your favour somewhat corrects this.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

Hi I managed to speak with the claims section today and chase up why I havnet had the transcript they told me to write in for or to email and request. they was being rather funny over why I asked for the transcripts and denied me them and said that they would only supply them if a legal representative requested them (solicitor was the one he mentioned). I said you cant deny them me as its a conversation between me and your company and there is no breach of any laws due to the only 2 parties involved was me and them. he still said no but he kept questioning me why I wanted it so to make sure they couldn't deny it I said I record my calls and know that I told them I was taking the insured person to small claims court to try and claim against them. he said yes we are not denying you told us you was taking the person who was driving to court so I requested this in an email and also the insurers details. he then went on to explain that if I had taken them to court they would have filled a defence or response but because I took the driver to court then they wouldn't get involved which I replied and said if I have told you I'm taking the driver to court myself then you could have filled a defence by not doing so the court has now seen it in my favour and so I will now seek to resolve this matter by recovering my losses from the insured company. he replied by saying you need to chase the driver for the money not us and I said no you need to pay out the claim due to the act you mentioned earlier and then you recover your losses from the driver. hope I was correct with everything I said to him. below is the email he sent.


I am writing to confirm that you informed us on the 09/08/2016 that you would be looking to issue court proceedings against Mr Roberts.

I can also confirm that the company details you requested are New India Assurance Company Limited and the CEO is Shri G. Srinivasan.