The wall is a legitimate 3rd party claim.
The passing of insurance details by the Officer In the Case was always something of a mute point.
Some believed that there were Data Protection issues and would not facilitate those details. I argued that you were only facilitating what the law required in respect of exchanging details.
The alternative to not facilitating details was to advise to send a request in writing to the relevant Collision Records Department who, for a fee, would provide those details. This is what insurance companies were required to do. So whats the difference, Data Protection wise, between a Police Officer doing it and a department doing it for a fee?? I don't see one.
As regards permission to drive. Its a catch 22 situation. If you say you gave your permission then then you leave yourself open to offences of say 'Permit No Insurance'. The alternative is that you didn't give permission then the vehicle was Taken Without the Owners Consent (TWOC'd). This leads to a whole load of grief and a criminal conviction. So no matter how mad you maybe at your child taking your car would you want them to have a criminal conviction with all that can entail further down the line.
If the Police wont provide information, and in any event. I would be sending a request off to DVLA to provide keeper details. This is a legitimate request and is only a few quid. I would then be sending a letter to the registered keeper requesting insurance details under Sec 154 of the Road
Traffic Act. They have to provide them within a reasonable time (2 weeks).
Having said all that the owner of the properties insurance company should deal with issues but it seems these days they want spoon feeding with information.
If the vehicles insurance company are playing hard ball this is also a legitimate claim against the Motor Insurers Bureau as the driver has been identified. If they had not the MIB would not entertain a damage only claim.
Insurers are obliged to honour 3rd party claims but can wriggle out of 1st party if they can find something that does not meet their Terms and Conditions
Last edited by: Fullchat on Fri 3 Jan 20 at 12:44
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Insurance query - tyrednemotional
