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Hi all,

I have posed this question to a number of lawyers but they won't give any information without an appointment and a fee...

I was hit by a van; a named driver was driving. Who do I pursue with regards to damages? The owner of the van or the named driver? I have the address of the person who holds the insurance policy but not the named driver. The driver is not accepting responsibility. I do have a witness and statement supporting my description of events.

Really appreciate your advice as it's already dragged on quite some time.

Best wishes,

Andrew

14 comments

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Fish_n_Chips [596 posts] 7 months ago
0 likes

It’s the driver.  If the driver can’t be traced then the owner has to provide proof it wasn’t them...

 

To be fair, a solicitor firm will able deal with it especially with witnesses.

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Pushing50 [191 posts] 7 months ago
1 like

Surely the insurance company of the policy holder has agreed to include the named driver under the policy, therefore the incident should be reported to the policy holders insurance company. I take it that as you have the owners address, company details and that the driver was "named" on the policy, then you have the insurance details? After a collision the poicy holder is required to give the detals of the insurer and report the incident to them.

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Argos74 [516 posts] 7 months ago
4 likes

Neither. The insurer who indemnifies them for 3rd party damages. Pursue them. Who the driver was is the insurer's problem.

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Pushing50 [191 posts] 7 months ago
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Agree with Argos74. I had 11 years in the insurance game but gave that up 20 years ago.

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Mybike [51 posts] 7 months ago
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Why didn't you call the police. Or they won't come in your country in Canada. I. Call 911. If I got hit and the driver takes no responsibility. Last time I got hit. 3 weeks ago. The driver pulled out of her driveway and hit me. All was ok. But I still. Took a pay out. And by doing so was not able to charge her. She was nice and took responsibility for her mistake. But if she blamed me then I call the police. In Canada they come

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Mybike [51 posts] 7 months ago
0 likes

Why didn't you call the police. Or they won't come in your country in Canada. I. Call 911. If I got hit and the driver takes no responsibility. Last time I got hit. 3 weeks ago. The driver pulled out of her driveway and hit me. All was ok. But I still. Took a pay out. And by doing so was not able to charge her. She was nice and took responsibility for her mistake. But if she blamed me then I call the police. In Canada they come

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CXR94Di2 [2625 posts] 7 months ago
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Its the one with insurance,  are you not a British cycling member

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Morat [340 posts] 7 months ago
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Mybike wrote:

Why didn't you call the police. Or they won't come in your country in Canada. I. Call 911. If I got hit and the driver takes no responsibility. Last time I got hit. 3 weeks ago. The driver pulled out of her driveway and hit me. All was ok. But I still. Took a pay out. And by doing so was not able to charge her. She was nice and took responsibility for her mistake. But if she blamed me then I call the police. In Canada they come

 

They're unlikely to show up for anything unless firearms are involved.

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Morat [340 posts] 7 months ago
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Mybike wrote:

Why didn't you call the police. Or they won't come in your country in Canada. I. Call 911. If I got hit and the driver takes no responsibility. Last time I got hit. 3 weeks ago. The driver pulled out of her driveway and hit me. All was ok. But I still. Took a pay out. And by doing so was not able to charge her. She was nice and took responsibility for her mistake. But if she blamed me then I call the police. In Canada they come

 

They're unlikely to show up for anything unless firearms are involved.

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Legs_Eleven_Wor... [690 posts] 7 months ago
0 likes
Morat wrote:
Mybike wrote:

Why didn't you call the police. Or they won't come in your country in Canada. I. Call 911. If I got hit and the driver takes no responsibility. Last time I got hit. 3 weeks ago. The driver pulled out of her driveway and hit me. All was ok. But I still. Took a pay out. And by doing so was not able to charge her. She was nice and took responsibility for her mistake. But if she blamed me then I call the police. In Canada they come

 

They're unlikely to show up for anything unless firearms are involved.

So make sure firearms are involved. 

Just remember:

  1. gunshot residue
  2. no CCTV/dashcams
  3. no DNA left behind

Allegedly. 

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andyj [4 posts] 7 months ago
0 likes

Hi, I am based in the UK. I called the police, both of us spoke to the police, but police wouldn't come as no serious injuries.

So, I have a police incident number; I've provided all my details to the insurance company of the named driver. I sent a letter of intent. Driver later denied he even hit my bike...he said he found me and tried to help... I then issued court proceedings. The lawyers who are connected to the insurance company are now representing the defendant. All information now goes to the lawyers and not the insurance company personnel. Initially I mistakenly put their lawyers down as the defendant; I now have to have that changed for a fee and need to put the correct defendant down; so my question still remains: do I put down the insured (the father, not in the van at the time) or the named driver on that policy (the son, who was driving and caused the accident). I feel that it should be the son but I don't have his details. I have just contacted the insurance company and they have told me I need to request the son's details in writing (sent to the lawyers) which I will be doing now...

 

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andyj [4 posts] 7 months ago
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Argos74 wrote:

Neither. The insurer who indemnifies them for 3rd party damages. Pursue them. Who the driver was is the insurer's problem.

 

Hi Argos74,

I contacted the lawyers again today; they finally told me who to state as the defendant in this case and you were right, the insurance company; however not the insurance company who I have dealt with uptil now, but the company who owns the insurance company as they are under the umbrella...I have asked both the insurance company and the lawyers this question on several occasions before but they have refused to clarify until today; bizarre; looks like delaying tactics to me; sad state of affairs...

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OnYerBike [27 posts] 7 months ago
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Not very helpful for OP now, but for future reference or if it helps anyone else, membership of organisations like British Cycling and Cycling UK, as well as certain bicycle insurance policies, include legal cover. So if you get hit, rather than wading through this s*** by yourself and facing the insurance company and their lawyers alone, you get your own lawyers to do the hard work!

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andyj [4 posts] 7 months ago
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OnYerBike wrote:

Not very helpful for OP now, but for future reference or if it helps anyone else, membership of organisations like British Cycling and Cycling UK, as well as certain bicycle insurance policies, include legal cover. So if you get hit, rather than wading through this s*** by yourself and facing the insurance company and their lawyers alone, you get your own lawyers to do the hard work!

 

I did ask British Cycling and Cycling UK who I should pursue but they wouldn't give me this simple advice (simple to them as they would've dealt with 1000s, if not more of these type of cases); I realise I wasn't a member but to be fair, that's advice that would have taken them a few seconds in a telephone call and I would've remembered them as being helpful as a result...not that I won't consider joining them in the future.

I did consider a No win, No fee arrangement but when I found out that most of the lawyers assigned to this handled 100s of cases at a time and were the most junior person in the organisation it didn't fill me with confidence (how much time could they designate to my case and chasing etc). The other (cycling and non-cycling related) lawyers I contacted were not interested as the claim value was so small (not to me!) and the injury minor (less than £10k).

I find doing things myself quite rewarding as well, and this has been an interesting experience, although extremely frustrating at times. If I hadn't have gone through myself this I wouldn't have known first hand how obstructive and convoluted the legal system is.

Part of the problem in this case was that the courts themselves gave out incorrect information and claimed not to receive vital information (from both myself and the defendants lawyers), which further delayed proceedings. The delays at my local court are also 2 months just to receive a letter...so now another 2 months delay...

2 friends of mine have recently gone through minor car accident claims whereby they were not at fault, the other party admitted liability (in one case) and both had their insurance companies appoint lawyers at the beginning. over 2 years for one, 18 months for the other...

No bike insurance company I looked into said they would insure my bike either so that wasn't an option, although to be fair I'm not sure if I would have signed up to one if they had, given the parastic yearly costs of insurance, and the risk of premiums being affected if in an accident; this was the first cycling incident I've ever been involved with in my entire life of cycling so the costs of insurance would have been significant if I'd have taken out insurance when I first started cycling...

I am annoyed at myself that I didn't think about asking on this forum earlier though, so thank you to those that helped!