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Old 11-08-17, 04:29 PM   #17
Red Herring
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

The legislation that covers these incidents is Sect 170 of the Road Traffic Act and the wording is something along the lines of... "if owing to the presence of a mechanically propelled vehicle on a road (or public place) an accident occurs and injury is caused to a person other than the driver of that vehicle, or damage is caused to another vehicle, the driver of the vehicle must stop and provide their details to anyone having reasonable grounds for having them" It also goes on to say that if it involved injury to someone they must also show them their insurance details.

Please note this has nothing to do with blame or whose fault it was, it simply says that if your driving (or riding) down the road and as a result of your presence an accident occurs then this legislation applies to you..

If your dad stopped and spoke with the other party and provided his details (technically to include registration number and details of the owner if not him) then he has complied with the law. If he didn't provide the information, then the police are quite entitled to disclose it provided they are satisfied an "accident" as defined by Sect 170 occurred. If the other driver subsequently decides that they were injured then technically they are also entitled to insurance details, and again the police will provide them if your dad didn't.

If the rider really wasn't insured then he's been a bit of a prat involving the police. I say that being wildly optimistic that they will actually do their job properly..... but don't hold your breath. Most forces will simply have batted him off by providing the details and the file will be marked up "Sect 170 complied with, NFA required" This is sad, but a consequences of their resources being run down to the level they have. The real kick in the teeth is that because your dad wasn't injured there is no obligation on the rider to provide his insurance details....... On the other hand if you're lucky enough to get the file handed to some young keen probationer they might actually follow it up for you......

My advice would be to tell your dad to contact his insurance company, provide them with all of the information and encourage them as much as you can to challenge everything this chap is claiming. It will be down to simple economics, but if he's been stupid enough to really big up his claim they might just give him a hard time. Good luck.

Last edited by Red Herring; 11-08-17 at 04:30 PM.
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