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Stokies

Joined:

Apr 13

Posts: 2

Stokies says:

Hit and run

Hi ya , I was recently hit by a car and knocked off my bike , the car was an Avis hire which turned out to be stolen , after the run around from the insurance company ( highway and LV ) I was full com by the way , I was payed out for my bike but the claim is going down as a fault because they have no one to claim there money back off , and want to take 3 years no claims off me , is there anyway I can contest this as my renewal price will be in the thousand and this would force me off the road through no fault on my own , any help would be great 😞

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  • Posted 2 years ago (30 April 2013 20:28)

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zanderh

Joined:

Aug 12

Posts: 267

zanderh says:

MIB

Can they not claim against the MIB?

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ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Hit and run accident

Hi Stokies

Should your insurer have any outlay as a result of this accident then they are going to consider it to be a claim regardless of fault.  Your only hope to avoid this would be if another insurer were to foot the bill as a result of a claim against them.

The question as to whether there is a potential defendant against whom you could make a claim will depend on whether the police ever caught the person who stole the car and if you were injured as a result of the accident. 

If the police identified the driver of the car then the insurers of the car (i.e. Avis’ insurers) will be liable for the accident, despite the car being stolen, as a result of s151 of the Road Traffic Act.  If the police did not manage to identify the driver then it would be considered an accident caused by an untraced driver. If you have injuries then you may be able to get compensation from the Motor Insurers’ Bureau under the untraced driver’s agreement however that agreement is in place to cover personal injury rather than property damage (unless you were seriously injured) which I’m afraid would fall to your own insurers and you are back to losing your no claims bonus.

If you have suffered personal injury then let me know and I will advise you how best to proceed against the MIB.

Regards, Andrew Campbell, MCN Legal Expert

www.bikelawyer.co.uk andrew@bikelawyer.co.uk

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Stokies

Joined:

Apr 13

Posts: 2

Stokies says:

Hit and run

Hi ya interesting reading , I'm kind of waiting on the police really which is a real pain as they won't tell me anything , data protection act blar blar blar , my injuries are bruising and shoulder joint damage but in one piece , thanks for reply guys 

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smidget

Joined:

Nov 07

Posts: 2387

smidget says:

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bump

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