[hindle8907]

Originally Posted by Juju

Liability -

If she u turned right in front of you, and the witness confirms same, then Davis vs Schrogin is your friend at 100% liability in your favour.

Your own insurer will be able to advise if the third party reg appears on MID. (Motor insurers database). Remember, an apparently uninsured driver can be driving using DOC (ie their own policy on a third party other vehicles extension).

Alternatively, someone may insure the vehicle -

If so, then even if the identified driver was not insured, the fact they are identified, is sufficient for the insurer of the vehicle to be in a position to deal with your insurer as "RTA" insurer, ie they must deal, and then recover from the identified person. It's this rule which means your insurer is liable for any injury/third party damage caused by,say a bike thief who just stole your bike and attempts a getaway. The fact they were arrested means that the police can/will identify the driver.

(edit - missed an update in your post) -

If an insurer is traced but they claim a genuine transfer of interest in the vehicle - ie proof of sale of vehicle, then they have no liability. However, the test for this is quite high, or anyone could say "I sold that 20 mins ago to a friend". So usually DVLA records are used to prove or deny this.

If not, then your claim falls to be dealt with under the "Uninsured Drivers Agreement" via the MIB. The terms of this are much more generous than the "Untraced Driver Agreement", so you can still recover for damage and injury. (From memory - It's only the untraced that is subject to a £300 xs and limited to injury only).

Thanks for the info and the time taken to post I believe they will be tracing proof of sale/sign over to make sure it was before the accident.

will the woman who nocked me off have to pay back the IMB ? if i get paid out ?