[Closed] Failed to stop

http://www.motoringonabudget.co.uk/your-responsibilities-when-selling-your-car.html

If he has sold the car then he will have sent off the V5 with the new drivers details (as he is obliged to do) if not the he will still be liable for the car. If the new owner has provided false details then they will be in a heap of trouble. I'd follow up with the police, a car can't suddenly become unregistered.

Thanks for the reply. If the new owner provided false details I guess it must be impossible for police to trace them. The RK gave police a name for the supposed buyer but they have no record of them.

If thats the case then the car should be getting picked up on ANPR and stopped very soon.

Does the MIB "other vehicle" search come up with anything?
http://www.mib.org.uk/Motor+Insurance+Database/en/Motor+Insurance+Database+Information/askMID.htm

The police did say it set off a couple of fixed site ANPRs within 20 miles of the accident site as it made off but by the time police had responded it was nowhere to be seen. I guess the car may well have gone to ground by now. The car comes up as no record on MID so I was interested to find out if anybody had any experience of a claim through MIB please?

It'll pop up with 'new owner'/RK soon.

OP did you I.D/see the driver?

No unfortunately - he hit me from my back right corner so I was on the deck and he was past before I knew what was going on. My first thought was to get the plate and I saw the driver slow (collision occurred just as we were about to enter a roundabout) and caught a glimpse of eyes in the rear view mirror but no more than that. What's the general thoughts on the MIB? Waste of time, sure fire payout or somewhere in-between?

When I use 'he' its in a general sense - i didn't see whether it was male or female driver. RK is female lives not far from me but claims it was sold 6 weeks ago. According to the PC dealing they are 'known to police'...

Smells fishy to me, re RK.

Was the vehicle insured with the RK at the time? Because you could claim against them if it was.

I agree and so did police who said they think the RK knows who was driving. The VRM shows as no insurance on the MID so I guess there's no policy held on it at the moment so going after a driver I would assume is fruitless in terms of getting an insurance payout - which I would assume leaves me (in terms of insurance options) with the MIB on their untraced driver agreement or my home insurance. The car was worth about £800 so a civil claim for £700 clothing and damage to bike I would assume isn't going to see me compensated easily.

What do you think the police should be doing? Should they serve a S172 notice on the RK to name the driver? I don't know what evidence they provided to police as proof of sale but apparently they told them that they'd informed DVLA and that the sale was made 6 weeks ago.

Any advice gratefully received.

MIB will take time but come good. Detail everything including injury. Seek a solicitor specializing in cycling injuries. If you are in BC or CTC this is covered automatically. If not, they will act for clients.

My sister is a PI solicitor who now acts for insurers, having previously acted for clients, so knows the process from both sides. She's not acting for me, but police have ID'd my driver and forensic are at work with my bike.

It will not be a fast process, but I'm sure you'll be recompensed for both bike, injury and out of pocket expenses. So keep a detailed record of each.

Thanks for all the comments guys.

I don't have legal expenses cover on my home insurance so if MIB is the best way to go I was planning to submit a claim myself. I could go with a no win no fee solicitor but would they want approx 25% of any subsequent payout (would only amount to approx £100 to them)? I wasn't planning a personal injury claim as its only road rash and should be gone in a couple of weeks.

I may call my home insurance provider tomorrow to see if I can claim on that. I've never claimed anything previously having paid over 20 years of premiums and, on the face of it, that would seem to be the route of least resistance. Their excess is £200 and MIB is £300 for property so I could take an increase in premiums of £100 over x years and still be comparable with MIB.

What does everybody think is likely to happen re: the car? I assume the driver has a story ready if he's likely to get stopped in the future for the fail to stop injury accident. If its a new owner would he insure it now and then claim he has no knowledge of any collision but if its the existing RK stopped driving how do they explain that one? Either way is it more difficult from somebody to drive it without insurance now without getting stopped. Police said they'd put a priority ANPR record against the VRM.

btw this only happened yesterday.

What was your story TIRed if you don't mind me asking?

Not sure I would want to claim on my house insurance as you could easily get hit for more than £100 over a few of years of increased premiums. Stick with the MIB I would say, if they ever track the driver and (even less likely) make anything stick you have a possible chance of getting back a small amount as compensation from the court. But that is a long shot.

Shitty situation

cant recommend CTC or BC for covering this enough, cheap too when you look at the costs

Involved in a failure to stop two weeks ago, police have traced the vehicle and forensics are now trying to prove involvement and then CPS will lay charges. I'm covered by BC solicitors and also claiming initially on my house insurance for immediate bike loss (total loss of bike and replacement kit) - that will then be pursued once liability is established in court. If there is no successful prosecution, I'll go via the MIB on the advice of my sister.

I had a bit more than road rash 🙁 but am healing OK.

In your case, I'd still engage a BC/CTC solicitor, the cost probably won't exceed any "injury" payment for road rash and other expenses, and they are the professionals who do this daily. You'll then get payment for bike and kit at the least. They will probably be able to advise on fees from the beginning.

Then join CTC/BC for the cover.

Bloody hell yours was a lot worse than mine - sorry to head you've had it so rough. Were the witnesses not sufficient to prove the ML's involvement? Did you have the ML's registration number following the incident?

In the event that they hadn't caught the driver I thought you'd be able to pursue an untraceable driver MIB claim as long as the vehicle is identified i.e. the registration plate. My reading was that the problem claims were where neither vehicle nor driver could be identified e.g. knocked off by a blue car which didn't stop. Unless I'm mistaken isn't it the MIB that pays compensation from a claim involving an untraceable driver and the victim isn't reliant on the driver ever being identified.

Still with the police/cps. But a failure to convict would, I expect lead to the same outcome - no driver is effectively identified to "blame" i.e., no policy to pay out so over to the MIB. Good luck with your claim.

What does everybody think is likely to happen re: the car?

If it only happened yesterday then it would be a good/desperate effort to get it off the road that quick. If the paperwork turns up at the DVLA (which it should of by now if it was sold 6 weeks ago) then it might change things. If it doesn't then the registered keeper will be in a bit of trouble too.

Took the advice on here and joined BC today. Will see how things pan out. Thanks for all comments.