Non fault accident - help?

[ShineyT]

Hi all,

After some advice having had someone drive in to my car (parked outside my house on shared drive) this evening and leave without giving details. I have never been through this before so would just like some pointers please !

There are two witnesses who have given full details of what happened and full car details. One attempted to stop the third party but they refused to.

The car in question is a mint BMW Z4M Coupe. A rare beast I’m sure everyone will appreciate.

My questions are as follows:

I have reported to the police as leaving the scene of an accident to be informed they don’t investigate these if there is no personal injury. Is that accurate?

I have spoken to my insurance company who have stated the following, all of which I feel let down by:

They will only entertain repairing the car at a Vauxhall dealer as that is their approved.

They won’t use OEM parts due to age of car.

They disagree this will affect resale value.

My only other choice is to repair privately but they will then not chase the third party for costs. I estimate £3-5k of damage. The third party is insured and traceable.

I am entitled to a like for like hire car. This will be a Vauxhall Corsa.

The repairs will take 6-8 weeks.

I must pay full excess and will have a “strike” against my full (protected) no claims. This might be removed if they can reclaim from other side but no guarantee.

I hate the idea of using an accident management company but I am just not happy with the above outcome.

Anyone with some help please ? Feeing pretty let down by the whole experience being the first time I have ever needed both the police or my insurance company.

 

[mjennings23]

Assuming you have their registration number, I believe you can apply to the DVLA or somesuch to find out their insurer, whom you should then contact directly.

Also might be worth getting a crime reference number from the police too and providing this.

 

[ShineyT]

Got a crime reference number, do you have any idea where I can get insurer details?

I have the reg and car details.

 

[Z4 COUPSTER]

Hi bud I think regarding the police, surely they have a duty to you to chase the other vehicle. If you were not taxed, motd or not insured they would chew your ass!!! I'd go back to them and ask why?
It's the only way I can see you getting your insurance on your side. Get a crime number, a crime HAS been committed.
Hope this helps

 

[MACK]

I'd get a crime ref number and get a decent accident management company involved (I know you don't really want to). Armed with the witness as well it should be enough to get them to bite and at least it keeps it away from your insurance/no claims etc. It should also give you options re who repairs it and what parts they use.

 

[RustyZ4]

Contact the police again, they have committed an offence - read this http://www.legislation.gov.uk/ukpga/1988/52/section/170

 

[kis]

Just thinking outside the box.

https://www.gov.uk/make-court-claim-for-money

Get a value from several company’s for the repair. Ask for reimbursement for said costs via court? Worth looking into. This way you can swerve insurance. Stupid insurance companies. And get car repaired with OEM parts as well.

 

[markplant]

Various apps will let you a tax an test check an most will link to askmid which should show if vehicle is insured

 

[RustyZ4]

just read this -

According to the Road Traffic Act 1988 s 170 (2), it is an offence for a driver of a mechanically propelled vehicle to fail to stop and give their details when involved in an accident that has caused either damage or injury to someone other than the driver or the drivers vehicle. You must give correct details to enable prompt communication and if you do not you are breaking the law. It does not matter whose fault the accident was, and the requirement is to stop “at the scene”. If you revisit the scene after initially driving away for a short time you may still have committed an offence.

If for some reason you fail to stop after being involved in an accident, or fail to exchange details, you must report the incident to the police as soon as reasonably practical and in any event within 24 hours of the time of the accident. The report must be made at a Police Station or to a Police Constable; a phone call will not necessarily be acceptable. If you fail to do this “as soon as practicable” and within the 24 hour period then it could result in a conviction. The court will decide what was “reasonably practicable”.

What sentence could you face?

Failing to stop if you have been involved in an accident is a serious offence and is generally treated as such by the Magistrates’ Court. Depending on the seriousness of the circumstances in your case, your courts powers to punish you include:

• A fine of up to £5,000
• 5 – 10 penalty points
• A potential driving ban
• A prison sentence of up to 6 months

Although failing to stop is a serious offence, defences are available and if they apply to your case we will build a strong case for your defence. It is in your best interests to seek legal representation from someone who specialises in motoring law, which is an area where we can deliver.

 

[ph001]

“According to the Road Traffic Act 1988 s 170 (2), it is an offence for a driver of a mechanically propelled vehicle to fail to stop and give their details when involved in an accident that has caused either damage or injury to someone other than the driver or the drivers vehicle.”

...can somebody translate this please?

 

[RustyZ4]

My interpretation of that is, if you cause damage or injury to someone or something OTHER than the driver or his vehicle its an offence not to stop,, what a farce (polite version) the question is, I gather the OP was not in his car (therefore not a driver) so it could be an offence under that law

 

[Mr Tidy]

So as the other driver has caused damage to the OP's property the other driver has committed an offence because he didn't stop and give his details.

Sorry to hear of your misfortune OP.

I know you aren't keen on using an accident management company as I used to feel the same way!

Then back in 2009 someone ran into the back of my car at a roundabout and I really didn't want a claim on my own policy, so when I took my car to Sytner for a quote (it was still in warranty) they recommended one and I used them!

It was a totally painless experience! I took my 57 plate 123d in for repair and there was a guy waiting with a 58 plate 320d courtesy car. When repairs were finished i drove to Sytner, dropped off the courtesy car and drove home in mine.

It did mean costs were probably higher than they needed to be, but I was just determined not to have a claim on my policy - plus it meant I got to choose who repaired the car!

If something like that happened again I'd definitely use a claims management company again!

But obviously it's your call - good luck getting it sorted however you decide to proceed.

 

[wonkydonkey]

My interpretation of that is, if you cause damage or injury to someone or something OTHER than the driver or his vehicle its an offence not to stop,, what a farce (polite version) the question is, I gather the OP was not in his car (therefore not a driver) so it could be an offence under that law

The subtle difference is that (in my eyes) an offence is committed if the moron damages or injures anyone apart from themselves or their own car (i.e. they manage to hit someone or something). It's not saying that it's only an offence if you hit something that isn't another car or another driver.

OP - Really sorry to hear about this situation, and sorry for your car. I can't offer much help but you have my sympathy

 

[ph001]

I’m still unclear. I have a feeling that accidental damage to other people’s property is a civil offence, not a criminal one. In which case you would just claim for damages in the small claims court. The fact that they have insurance is just protection for them for exactly these kind of circumstances.

Totally different scenario but a dog owner was walking her dog on a public footpath behind our house off the lead. The dog spotted our cat in our garden, bolted in and savagely killed our cat. We wete advised that it merely constituted damage to our ‘property’ and hence was a civil matter.

 

[Mr Tidy]

Totally different scenario but a dog owner was walking her dog on a public footpath behind our house off the lead. The dog spotted our cat in our garden, bolted in and savagely killed our cat. We wete advised that it merely constituted damage to our ‘property’ and hence was a civil matter.

That's the thing, it is totally different.

I think the distinction with cars is that third party insurance is compulsory, so there is a requirement to provide your details (even if your claim for damage is indeed still a civil matter).

 

[AndyBeech]

I’m still unclear. I have a feeling that accidental damage to other people’s property is a civil offence, not a criminal one. In which case you would just claim for damages in the small claims court. The fact that they have insurance is just protection for them for exactly these kind of circumstances.

Totally different scenario but a dog owner was walking her dog on a public footpath behind our house off the lead. The dog spotted our cat in our garden, bolted in and savagely killed our cat. We wete advised that it merely constituted damage to our ‘property’ and hence was a civil matter.

The offence is not stopping to give your details or if that is not reasonably possible, reporting to a police station.
There is no offence for the damage caused, that’s the civil part.

Just to add, there wouldn’t be a defence available to the driver as the OP says witnesses tried to stop him driving away. The main defence is if it’s deemed the driver could not have been aware any damage was caused or did not believe he had been involved in an accident (if reversing for example and didn’t realise contact with a vehicle or person had been made).

 

[Darkangelv2]

Got a crime reference number, do you have any idea where I can get insurer details?

I have the reg and car details.

This situation absolutely sucks!!

Can you let us know your insurance company as id like to blacklist from my future selection. They sound awful!

 

[ph001]

Yep, Andybeech has it right...

“The Road Traffic Act

Under the Road Traffic Act (1988) the rules are simple.

If you’re driving a motorised vehicle and are involved in an accident which causes damage or injury to another person, vehicle, property or animal, (including dogs, horses, cattle and sheep), you must stop and give your vehicle registration along with your name and address to “anyone with reasonable grounds to be asking for those details”.

In most cases this will be the other driver. And if you’re not the vehicle owner, you should hand over the vehicle owner’s details too.

“If you don’t exchange details at the scene, you must report the incident to the police within 24 hours”, says motoring lawyer Alison Ashworth from Ashworth Motoring Law. ”

 

[Crazy Harry]

Didn't Mike DLV trace a women that drove into his Zed in a car park earlier this year - he only had a car reg to go on so how did he do it?

 

[ShineyT]

Got a crime reference number, do you have any idea where I can get insurer details?

I have the reg and car details.

This situation absolutely sucks!!

Can you let us know your insurance company as id like to blacklist from my future selection. They sound awful!

I wasn’t going to as prepared to give them a slight further chance to resolve this in a better way. Let’s say it’s a huge company in the sector and a market leader.

They have confirmed other car is insured and they have contacted their insurer to admit involvement (note: not liability). Something that was said on the phone does give me a hunch that my insurer is representing both parties....

To answer everyone else, thanks for the advice etc but still not sure how I get this resolved the way I want it to be short of paying for the repair myself which will be steeep.

I really don’t want to use an AMC but if anyone has a recommendation...