Road Rage (any legal eagles)

Discussion in 'Finance, Property, Law' started by Ayrforce1, Aug 4, 2009.

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  1. Ok, Travelling home the other night bloke decided he needed to get past me on a A road, I was overtaking 2 other vehicles at the time! As i pulled in I gave him some verbal and hand waving (Finger) he then cut me up and slammed his brakes on. I ran into the back of him because of this. He then jumped from his car and tried to get in my missus side (passenger) all the time saying io will feckin kill you you tosser(or words to that effect) Missus was upset rather. I thought feck this the guy is a nutter, I carried on but he would not give up cutting in and forceing others to swerve. We called the police who advised us to drive on, on 4 occasions he stopped in the middle of the road to get out and try and get in the car, At one stage I used my car to brush him aside!!!

    Any way i damaged my car which the assessor says wil be £1200 at least, my insurance has said that as there are no independent witnesses I am to blame!! anyone have any suggestions.

    I have reported all to Police who have a stop notice out for the car.
     
  2. Sounds like you're the victim here.

    Sorry but you are gonna get shafted.
     
  3. Get his registration on here, so we can help track him down for you. if you do get his details go thru small claims court, or pass his reg onto your insurance company they should be able to find out who he is insured with.

    some one will be along later with a website that tells you if the car is insured just from keying in the registration
     
  4. If the police track him and do hime for dangerous driving or the like, it will give your insurance grounds to claim against him. If you cannot track him then there is only your insurance to pay.
     
  5. If you have gave the police the car's VRN and a description the guy they have an obligation to investigate the matter. I would also go down the road of pursuing a complaint of at least assault and or Public order act offence as well as a relevant road traffic act offence. I would definitely contact the Motor Insurance Beareu for advice too.
     
  6. Here's where you can check if the other car was insured. It costs £3.50 to check another vehicle or it's free to check your own vehicle. All they ask on 'your own vehicle' is the registration though. So you can work that one out for yourself.

    http://www.askmid.com/
     
  7. Insurance companies are scum and will hoop rape you at every opportunity..
     
  8. Cheers everyone, Hav etold Police I want to take it further. All relevant info passed to them at time of incident.
     
  9. Cheers all,

    I have been informed that the other part is in a unisured car and may even have false plates!!!! I now have to contact MIB to claim.
     
  10. Yep, the downside to having lots of cameras and fcuk all "human bodies policing" on the roads.

    Loads of cars are currently driving about with either no insurance at best or false plates.

    I'd like UK to change to the German way of registering cars.

    All plates are local. So a county or city would have their own DVLA and plate.

    All of sudden a car living on a street with a non-local plate gets pinged a dam sight quicker, and of course if they do use a local plate, chances are someone will see the plate who knows the "real" owner.

    That and registration paperwork, not V5, and insurance details to be carried by all drivers... all the time.

    Would also allow for the massive amounts of plates we currently have that are out there (you can drive in ANY plate as long as it has been cut, ie AB 10 CDE is currently not available, but AB 01 CDE is). As any plate reported as stolen could go in to a mandatory 5 year holding cycle, where anyone with that plate is automaticaly going to be pulled over.

    Pepper the Motorways and trunk routes with cameras to detect plates and work out if they are fake or not.

    And remove this scourge from the road.
     
  11. Ayforce1: do not let your insurance company fob you off with falsehood.

    An insurance policy is a contract between two entities. If something happens and you make a claim, the contract is triggered, and it is up to them to prove that your claim is fraudulent or mistaken. By simply saying that they will refuse to pay out because there are no independant witnesses is pure bunkum. Read your insurance contract (and I mean the whole thing) and then ask the insurance company to inform you exactly where in the contract it states that you must have independant witnesses.

    Most insurance companies will look for means of fobbing people off with untruths and making life difficult to claim (a classic is having to spend 15+ minutes on hold on a premium rate phone number to make a claim).

    Give the insurer one more chance by filing a complaint (don't bother trying to make a new claim) with them. At the same time inform them that if the situation is not resolved in your favour within 5 working days you will make a written complaint to the Insurance Ombudsman about their behaviour.

    If that doesn't work complile all your evidence into one file, copy everything and send a complaint to the Ombudsman and at the same time start a small claims court proceeding against the insurance company.

    If the situation is as you say, and the damage was caused by an uninsured driver then it cannot be your fault in law: he should not have been on the road, and thus any collision (even if 'your fault') is actually his fault because he shouldn't have been there in the first place.
     
  12. Just to add: your insurance premiums pay for the MIB. When you made your claim the first thing your insurer should have done was check the plate with the insurance database, and when it was realised that no insurance was registered, approach the registered holder of the vehicle, and demand proof of insurance.

    Having failed to receive proof of insurance, or track down the driver of the vehicle (due to cloned, stolen or fake plates) your insurer should have made a claim to MIB: it exists to pay for accidents by uninsured drivers and a levy (about 10%) of your annual insurance premium goes towards this agency.

    Your insurer must acknowledge that your claim is valid and give you a timeline for repair or settlement. Do not let them bully you.
     
  13. Cheers Dread, getting on to them as we speak.
     
  14. Hello Ayrforce 1.

    Firstly, could be a case of Careless (at the least) driving on the part of the guy who braked in front of you but the argument is, and as contained in the Highway Code, that you should always be able to stop on your side of the road in the distance that you can see to be clear. In other words, if you go into the back of someone, it's your fault for not leaving enough space (even if they are a nugget).

    What you may have though is a case of Breach of the Peace (Scotland) or/ and if England a Public Order offence. Also, threats given the menacing of serious harm. However, he could argue that your actions lead him to it (flashing, fingers etc...... just playing Devil's Advocate here mate).

    As for a previous reply, the onus of proof in a small claims action is a balance of probability so if you and the missus could 'prove' his actions caused the bump, then would the court 'probably' believe you two?????

    In essence mate, looks like you might be fronting the bill but make sure the t*t gets a Breach/ Threats/ Public Order charge out of it! But not at your expense!!!
     
  15. Whilst I agree with the rest of your post I think that making drivers carry the logbook or other registration document would not be a good idea, as most people would simply shove them in the glove box and forget about them; when Johnny Scroat nicks the car he's got the documents for it too. Insurance on the other hand is important in case the worst happens.

    As for this case, it's more than a public order offence; affray at the very least (if your missus was scared for her own safety) and probably assault. Dangerous driving too.