Cycling Accident

[Pale Rider]

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).

Your mention of a NIP and speeding is a red herring.

Sect 172 applies to virtually every offence under the road traffic acts.

This bloke might be suspected of driving without due care and attention.

All the act requires is the registered keeper is provided with 'written notice' of the request to name the driver, which does need to be from the cops

So it is true to say the OP will need the police to take some interest in pushing this matter forward.

 

[Alex321]

Your mention of a NIP and speeding is a red herring.

It was just a note for anybody thinking I was wrong about it needing to come from the Chief of Police.

Sect 172 applies to virtually every offence under the road traffic acts.

This bloke might be suspected of driving without due care and attention.

All the act requires is the registered keeper is provided with 'written notice' of the request to name the driver, which does need to be from the cops

So it is true to say the OP will need the police to take some interest in pushing this matter forward.

That was the point I was trying to make - the keeper is not obliged to give the driver details to anybody other than the police.

 

[Arjimlad]

Nasty stuff, OP hope you feel OK and the driver can be prosecuted.

 

[tom73]

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

View attachment 705226

Right just had a quick look at the it. I was on my phone in the middle of other stuff so not had chance to play around with the fields.
My fault really should have check it.

 

[Drago]

This bloke might be suspected of driving without due care and attention.

More likely, even if the OP suffered only transient discomfort the driver failed to stop following an injury RTC and that is the one they would likely finger him for, along with the document offences.

 

[The Cycling Lawyer]

I'm not sure if the OP has sorted his issue but:

1) It's not likely the driver will be prosecuted. The OP was correct in informing the Police, but it's easier to leave that in their hands.
Prosecution would not serve as any real benefit to the claimant, other than satisfaction that the driver is punished on a criminal level.

2) If the OP is injured, and would like to make a claim, he should save his time doing all the investigations via the DVLA and sending letters to the driver, and instead get a solicitor to act on a "no-win-no-fee" basis, and simply submit a case to the Motor Insurer's Bureau (as the case is technically an "untraced" driver claim until the name of the driver is known).
The MIB will do all of the investigating, and once they find the driver (which I think is highly likely in the OP's case) then they will confirm details of the driver's insurance to which the OP can make a claim against the driver/his insurer.

Worst case scenario, the TP denies involvement and/or is uninsured. However, in either of these events the MIB will still make an award for compensation.

Caveat here is:

If MIB deal with it as an "untraced driver" claim - the claimant will not be able to claim for damage to his bike or property, instead he should claim the excess he paid for the claim he made to his insurer for these losses.

If the MIB find the driver, but he is not insured, he OP will still be able to claim for both his injury and bike (and the MIB will sue the driver directly for the money they pay out)

Hope this helps (y)

 

[Emanresu]

Is there a 'portal' for this and how easy is using the 'portal'.

 

[The Cycling Lawyer]

Yes, you could start the process as a litigant in person:

here: https://www.mib.org.uk/making-a-cla...untraced-driver/direct-claimant-registration/

The portal shouldn't be difficult to use at at all, however navigating and understanding how the Untraced Drivers' Agreement and Uninsured Driver's agreement isn't as easy. (These are essentially the terms and conditions that govern the process of the claim, and your rights and responsibilities).

The MIB would organise the medical appointments and send out an investigator to take a statement. Hopefully the claimant wouldn't say anything which would prejudice their claim ( when I deal with cases with the MIB I give my clients some tips and tricks on how to avoid this).

The other thing to be aware of is that the MIB may make low offers for settlement, and it would require a fair bit legal experience in order to
be able to place a value on what the injuries should be worth - especially if there is any element of scarring, or discolouration left from a graze to the skin - or other serious injury.

 

[The Cycling Lawyer]

Is there a 'portal' for this and how easy is using the 'portal'.

sorry, I didn't attach you to the reply (see above 👆)

 

[alicat]

Holy thread resurrection, Batman!

 

[ianrauk]

Holy thread resurrection, Batman!

But a welcome one thanks to @The Cycling Lawyer
Great Information.

 

[The Cycling Lawyer]

Holy thread resurrection, Batman!

Sorry to resurrect the thread.

In a legal sense, it’s a relatively new (as the OP has 3 years to initiate a claim like this) and if he sees it then it may be very useful for him 👍

 

[classic33]

Sorry to resurrect the thread.

In a legal sense, it’s a relatively new (as the OP has 3 years to initiate a claim like this) and if he sees it then it may be very useful for him 👍

markstev27, the opening poster, hasn't signed in since September last year.

 

[The Cycling Lawyer]

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.

This is wrong advice in my opinion. The registered owner/keeper may not have been driving. It is essential that the driver is identified- it is an untraced driver claim until it is known.

 

[The Cycling Lawyer]

Apologies, for some reason I thought this was the response to my post.

If the OP want's to initiate criminal proceedings, then this would be one course of action, but it would be difficult to prove the offence and wouldn't amount to much.

My posts were on the assumption that the OP may have sustained an injury and perhaps damage to his bike after the collision and wanted to peruse compensation in civil law.

Ultimately, I'm sure it's information that everyone could benefit from, regardless of resurrecting an "old" thread or not.