Cycling Accident

[classic33]

You have reasonable cause to find the registered keeper from the DVLA.

When you are writing up your account of the incident, write up as much as you can of the driver's description. That will stop him telling the police that he lent the vehicles to a few mates over the time of the incident.

The registered owner has to say who was driving at the time, if it wasn't them. Otherwise you proceed against the registered owner/keeper.

 

[Alex321]

Sorry @markstev27 not a nice thing to happen and potentially could have been much more serious.
If no tax MOT then certainly uninsured and even if he was the no MOT would invalidate it. The Old Bill will likely get hold of him when he goes through an ANPR camera, take the van off him and prosecute but that doesn't help you. Any injuries? If you've got some personal cover great but unfortunately you won't get anything off that barsteward.

Quite a lot of people think that no valid MOT invalidates insurance, but it doesn't.

 

[alicat]

The registered owner has to say who was driving at the time, if it wasn't them. Otherwise you proceed against the registered owner/keeper.

That would apply for an offence like speeding. For something like a collision as a result of a close pass, could you quote the legal authority on which you are relying @classic33?

 

[Pale Rider]

That would apply for an offence like speeding. For something like a collision as a result of a close pass, could you quote the legal authority on which you are relying @classic33?

As far as I'm aware, the only offence the registered keeper commits is failure to name the driver, which he/she has a legal responsibility to do.

Penalty is 6 points and a decent fine.

Much worse is insurance companies intensely dislike failure to name offenders, so the registered keeper's insurance will rocket, or he may even have trouble finding anyone prepared to quote.

Several keepers have tried to wriggle off the hook by claiming the vehicle was a company pool car, so they cannot be certain who was driving.

Most of those attempts fail because it has been established a registered keeper must be aware who is driving the vehicle at all times.

The Motor Insurer's Bureau is the first port of call to find out if the van is insured, but you may need to go through the DVLA's find the registered keeper process first.

https://www.mib.org.uk/managing-insurance-data/the-motor-insurance-database-mid/public-access/

 

[Cycleops]

Need to find a way to get hold of their insurance details or at least inform their company

What sort of company let's their employees run around in uninsured and untaxed vehicles? If you did find them, if indeed they exist, the confrontation might not be very pleasant and might be more injurious to your health than the accident.
He's probably a one man band working for cash in hand and may have bought the van sign written.
If your purpose is to get some compo for your injuries there is the Motor Compensation Fund to help victims of uninsured/hit and run drivers.

https://nicgh.org/statutory-funds/motor-compensation-fund/overview/

 

[vickster]

What sort of company let's their employees run around in uninsured and untaxed vehicles? If you did find them, if indeed they exist, the confrontation might not be very pleasant and might be more injurious to your health than the accident.
He's probably a one man band working for cash in hand and may have bought the van sign written.
If your purpose is to get some compo for your injuries there is the Motor Compensation Fund to help victims of uninsured/hit and run drivers.

https://nicgh.org/statutory-funds/motor-compensation-fund/overview/

that’s a Ghanaian organisation, as posted above it’s the MIB in UK

 

[Cycleops]

Sorry. that's my fault for not checking properly but there is a UK equivalent I believe.

https://www.gov.uk/compensation-vic...may be able to,information on the MIB website.

 

[glasgowcyclist]

That would apply for an offence like speeding. For something like a collision as a result of a close pass, could you quote the legal authority on which you are relying @classic33?

It’s the same authority: S172 of the Road Traffic Act.

 

[tom73]

As it's has no tax or MOT may not even have insurance.
The MIB will search for insurance details but for a fee £10 and it says motor accident and one of the q's is your own reg number.
So you may need to contact them by phone and see what you need to do.

 

[vickster]

Sorry. that's my fault for not checking properly but there is a UK equivalent I believe.

https://www.gov.uk/compensation-victim-uninsured-driver#:~:text=You may be able to,information on the MIB website.

Indeed see post #14

 

[classic33]

That would apply for an offence like speeding. For something like a collision as a result of a close pass, could you quote the legal authority on which you are relying @classic33?

It's what I had to do, when the owner refused to name the person driving. Female registered owner, male driver at the time.
Solicitors took the action against the owner, stopping when she named the driver. Then pursued the driver.

 

[Dogtrousers]

@markstev27 what are you claiming for (or would you be claiming for if you could find someone to pursue)? Sorry if I missed it but I've skimmed the thread and couldn't find this info.

Injury? Damage to your bike? What's the successful outcome that you're looking for?

If you haven't suffered substantial loss you might be letting yourself in for a stressful and time consuming search that, even if successful, may give you little return.

 

[Alex321]

As far as I'm aware, the only offence the registered keeper commits is failure to name the driver, which he/she has a legal responsibility to do.

Penalty is 6 points and a decent fine.

They only have that legal responsibility under Section 172 of the Road Traffic Act. Which only applies when the keeper is requested to give the information by a Chief of Police (The NIP notices sent out after the camera catches you are sent by the Chief of Police).

 

[figbat]

As it's has no tax or MOT may not even have insurance.
The MIB will search for insurance details but for a fee £10 and it says motor accident and one of the q's is your own reg number.
So you may need to contact them by phone and see what you need to do.

No reg number needed if you select "Cyclist" as your involvement...

 

[markstev27]

No reg number needed if you select "Cyclist" as your involvement...

View attachment 705226

Thanks I did see this. I think as soon as you put cyclist in, you don't need to add reg details