Down again!!

[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 ?

[TamSV]

Originally Posted by hindle8907

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

They take on your rights once they have paid and do look to recover. They can do all sorts of nice things like take her to court, appoint collection agents, issue bankruptcy proceedings etc.

Some of the scum don't care though.

Hopefully the police will crush the car.

[anna]

So sorry to hear this, hope you get well soon

[hindle8907]

Just had a call from the officer incharge of my case the woman is getting charged with driving without insurance and driving without due care an attention. All good news just a shame she didn't have frigin insurance I would be getting paid out in the next week or so. Let's hope the m.I.b pay me for my losses and injurys.
Don't know who it works with writing off my bike.

Ant.

Only just seen this, glad your not too beaten up fella.
Good to see swift response and that she's going to see her ass for her crimes. Just hope you get some pay back for what you've lost.

Suggest you ask the police/CPS to ask for a compensation order against the driver.

[Nick_69]

I'm going to court tomorrow bout a lorry that hit me and drove off and I will be trying to seek compensation afterward especially of he is prove quilty.

[hindle8907]

update.

Well just had an email from my legal team stating that the third party’s insurers have now accepted liability for the accident and it only remains to negotiate a settlement for my claim.

So I gave them a call as I was last informed that the driver didn't have insurance and that insurance showing was from a pervious owner and it had to go through the MIB, well it turns out that because the policy was not cancelled by law the insurance company still have to pay out !!
my leg is in a brace at the moment as my bad knee gave way the other week due to the recent accident and I think my wires may have moved out of place as the pain is horrific when bend and straighten my leg I have got to go the see the specialist on Friday and I will know if I need an operation or not, the legal team said that they will now send some one to look at my bike, and once I know the out come after the meeting with the doctor on Friday they will then send me to a medial guy and then total how much I should get paid out.

let me be the first to say, excellent news, not about your off/injuries but the outcome is looking good for you.
prehaps now you'll get the bike back on the road and the compo you need to go an relax in the sun or get bupa to fix your knee.

[hindle8907]

cheer dude.
think im going to try get a car/licence and get the bike back on the road. if they let me buy back cheap .