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Old 11-08-17, 01:55 PM   #11
Biker Biggles
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

Your biggest problem might be that the incident happened "some time ago"as per the OP.Your dad should have informed his insurance company of the incident even if there was to be no claim.That would have covered him against every eventuality.It might also have led to a slight increase in his next premium which is why we often fail to do it.Best to be fully open about it now and hope the scroat can be proved a liar.
Incidently,you can still be liable if there is no contact between car and bike.Known as a "proximity" incident.
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Old 11-08-17, 02:07 PM   #12
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

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Originally Posted by Biker Biggles View Post
Incidently,you can still be liable if there is no contact between car and bike.Known as a "proximity" incident.
True, someone pulled in front of me and I avoided them but decked the bike doing so. Insurance deemed it 50/50. Still sore about that cos it was entirely his fault.
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Old 11-08-17, 02:45 PM   #13
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

i may have got my wires crossed as i was under the impression the bike went round the back of the car and not the front. either way i think confusion on both parts.

i'm not saying that its illegal to offer cash i'm saying its wrong. you should never ever try and settle any motor incident by offering cash and a 'gentleman's agreement'. you pay insurance to settle these matters. always swap insurance details or take note of the other persons reg number and if possible get witness details then go to your nearest police station and report it and make sure you get an incident number, even if your in the wrong.
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Old 11-08-17, 03:19 PM   #14
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

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Originally Posted by Biker Biggles View Post
Your biggest problem might be that the incident happened "some time ago"as per the OP.Your dad should have informed his insurance company of the incident even if there was to be no claim.That would have covered him against every eventuality.It might also have led to a slight increase in his next premium which is why we often fail to do it.Best to be fully open about it now and hope the scroat can be proved a liar.
Incidently,you can still be liable if there is no contact between car and bike.Known as a "proximity" incident.

Doh this is something I hadn't considered. Yes, it was a couple of months ago. My dad didn't mention to his insurer as as far as he was concerned the matter was done and dusted. Could potentially be an issue!

Yes, I'm aware of proximity incidents - this is what I was thinking when the cops thought they didn't have a duty to investigate if there was no impact... it's still an incident so I guess they do. Although in my opinion not in a scenario where everything was fine and resolved and my dad stopped to give his details and more! And this bloke ripped them up. We'll see what happens.
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Old 11-08-17, 03:30 PM   #15
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

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Originally Posted by Bibio View Post
i may have got my wires crossed as i was under the impression the bike went round the back of the car and not the front. either way i think confusion on both parts.

i'm not saying that its illegal to offer cash i'm saying its wrong. you should never ever try and settle any motor incident by offering cash and a 'gentleman's agreement'. you pay insurance to settle these matters. always swap insurance details or take note of the other persons reg number and if possible get witness details then go to your nearest police station and report it and make sure you get an incident number, even if your in the wrong.
No he dived in front of an emerging car which he'd stopped to allow to emerge!

You're right, sad state of affairs in my book but ho hum. Faith in humanity ... 0!
Got to admit I hate the 'you pay insurance to settle these matters' line, again you're right but I also think we pay far too much insurance because matters can't simply be sorted in this sort of manner. The slightest bump goes to insurance, incurs a processing fee, goes to their mechanics at ridiculous parts and labour costs (unnecessarily written off and sold back to owner too cheap...though I hear they are stopping this) their details are then sold off for someone to encourage them to make up injuries etc. etc.

I once dropped something on a girls car at work - 90 had her car picked up & bumper resprayed and she was very happy. A roof tile fell off the roof on someone's corsa causing about the same damage, courtesy car and hundreds of pounds later the guy is still paying increased premiums years later for something that wasn't even his fault. So empathise completely with my dad for wanting to believe the guy could be a decent adult about it.
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Old 11-08-17, 04:16 PM   #16
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

it would be great if we could settle things with gentleman's agreement's but scrotes like the one your dad has encountered fek it all up. yes its a sad state of affairs that we now live in a 'claim' society.
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Old 11-08-17, 04:29 PM   #17
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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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Old 11-08-17, 04:50 PM   #18
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

Thanks RH informative as per.

My dad did give his details, the receipts bear both parties' Registrations. The guy was completely uninjured at the scene, though I understand it takes a few conversations on the telephone with various 0800 numbers before you know whether whiplash has actually set in.
The police have seen the receipt, so know details were exchanged so I would argue they should stop their involvement as the legislation has already been complied with. But I see why they are doing (in genuine circumstances it would be valuable, and they don;t want to get wrapped up in the ins & outs).

In terms of young probationer, no such luck. He was pleasant enough and had remarked at how dodgy the whole situation seemed, but when I explained the motorcyclist was quite afraid of police involvement on the day and asked if he could be kind enough to check the insurance database on that date he was quite defensive "well that's my job to do"..."er...yeah, please". Think he was just touchy he hadn't already had chance to do it.
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Old 11-08-17, 08:17 PM   #19
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Default Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?

http://www.legislation.gov.uk/ukpga/1988/52/section/170
If there is no injury arising from the incident the Police are under no obligation to investigate, nor is either party obliged to report it to the Police.

There may be an implied acceptance of liability due to handing over cash, but that's into the realms of civil law which is a minefield.
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