Help !! advice needed + crappy 4 x 4 driver Forums

max123

Hi we need advice on an incident that happened to us the last week of May this year. We were travelling down a narrow country lane in North Wales doing no more than 30mph when a 4 x 4 travelling at speed the other way hit our wing mirror, causing the bottom half of the mirror to come out. We stopped as soon as safely possible in a layby a few hundred yards up the road to assess the damage. No one else stopped and I walked up the road a little to see if the idiot that had caused this damage had stopped. He had not. I strapped the wing mirror in and continued with our journey ****ed off with 4 x 4 drivers. I managed to pop the mirror back in myself later that day. We part exed the vehicle in July for another Motorhome. Today I get a letter from RAC legal services stating that they are instructed to deal with a claim for uninsured losses arising from this incident for their client and they wish us to supply them with our insurance company. We are required to do so under section 154 of the road traffic act 1988.
Although it was entirely the other drivers fault I feel like I could do with advice of my next move.
I also feel uncomfortable on how the other driver got our registration number and why its taken nearly 5 months to get to me. Sorry for such a long post but advice would be clearly appreciated.
Cheers Max

max123

Sorry part of this post does not make sense. It should read
We part exed the vehicle in July for a compass Castaway. Today I get a letter from RAC legal services". etc

Rapide561

Hi

I am puzzled at the length of time involved. Also, if he did not stop, how on earth he got your reg plate is a mystery, unless he had a passenger with him who had a pen to hand etc

Your best course of action at the time would have been to have report the accident to the local police. Even if you did not know who the other party was etc etc

You can dispute blame etc if this was the case.

What have your own insurance firm said?

Rapide561

geraldandannie · Moderator

Yeah, speak to your insurers first, before you deal with the RAC. Explain everything to them. I wouldn't worry about it. Maybe the other vehicle stopped straight away, saw you driving off, and assumed you weren't going to stop.

Gerald

AlphaBob

Hi Max,
Sorry to hear about this incident. In hindsight you should of reported the incident to the local police asap or within 24 hours. I know its easy to say that, hindsight is a wonderful thing. Anyway its happened.
What would I do.
1/ Contact my insurance company and explain the circumstances. I have legal protection cover and would pass the letter from the RAC on to my insurance company. I would imagine the driver of the 4x4 got your reg no and passed it on to the RAC legal services who requested the detail of the registered keeper. As you sold the vehicle a month or so later its possible that the latest owner has received a request from RAC as to who was driving the vehicle at the time, they in turn would of notified RAC that they were new keepers, resulting in another enquiry with DVLA. This all takes time. I have personal experience of this.
I would certainly dispute any claim. Are you in RAC/AA consider counterclaim. For your info below is full wording for S154 RTA 1988.
154.—(1) A person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 145 of this Act must, on demand by or on behalf of the person making the claim—
(a) state whether or not, in respect of that liability—
(i) he was insured by a policy having effect for the purposes of this Part of this Act or had in force a security having effect for those purposes, or
(ii) he would have been so insured or would have had in force such a security if the insurer or, as the case may be, the giver of the security had not avoided or cancelled the policy or security, and
(b) if he was or would have been so insured, or had or would have had in force such a security—
(i) give such particulars with respect to that policy or security as were specified in any certificate of insurance or security delivered in respect of that policy or security, as the case may be, under section 147 of this Act, or
(ii) where no such certificate was delivered under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy issued in respect of the vehicle, the name of the insurer and the period of the insurance cover.
(2) If without reasonable excuse, a person fails to comply with the provisions of subsection (1) above, or wilfully makes a false statement in reply to any such demand as is referred to in that subsection, he is guilty of an offence.

All the Best
Bob

max123

Thanks for your promt replies. I wish I had reported it to the police but at the time you just think its bad luck to get a mirror hit. I will pass the details on to my own insurance first. I still think its spooky how they got the registration because by the time the mirror had hit the side of the van and I pushed it out he was nowhere to be seen.
Cheers Max

Geo

You are in my opinion in a no win situation, such as i was in many years ago, and after many letters disputing the facts I lost
It will if disputed be settled Knock for Knock anyway Ie your insurance would have paid for yours and his insurance paid for his, you both loose no claims bonus
Given the situation denial of any knowledge would have been the best defence and the burden of proof would have been with the 4 x 4 owner, an impossible task given there were I assume no Independent witnesses, his passenger will not count as an Independent witness, however denial is not an option now as you have acknowledged the incident here
Geo

Leapy

Sorry to hear about problem with insurance- but I was more interested in how you got the mirror to pop back as i have one held by gaffer tape at the moment-I would appreciate details

Leapy

max123

Hi Leapy, the mirror was an electric type and the whole thing came out including the plastic gear strips. It took me forever to get back in properly and after hours of jiggery pokery I managed to get both plastic strips back into the motor driven cog bit. Sorry I can't help any further but just keep at it and it might give up and go back in.
Max

roboughton

Knock for Knock on these back roads up my way. Unless you or the other person are doing excessive speeds. I would hope is not a local as they should know better

What is he claiming you damaged??