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Am I Entitled to the Driver's Contact Details?

By: Tracy Whitelaw - Updated: 3 Dec 2017 | comments*Discuss
 
Accident Claim Fleet Policy Accident

Q.

I was hit by another driver driving a van which was covered by a fleet insurance policy. The police gave me the name of the driver, the vehicle owners details and his insurance policy number. However, the company which owns the vehicle has ceased trading and my own insurance company are saying that if we cannot recover the money from this company's fleet policy my own premium could be affected.

They have told me I am entitled to all the contact information of the other driver but when I have asked the police for this they have said that Data Protection Act applies and they can't give it out.

My insurance company say that the road Traffic Act supersedes this and I can demand this information. Am I entitled to this information?

(Mr Martin Byrne, 3 October 2008)

A.

If you’re unfortunate enough to be involved in an accident with a car that is company owned or fleet owned, it can be a legal minefield to figure out exactly where you stand with claiming compensation.

One of the first points of contact should be your own insurance company. They will be able to advise you on making a claim against a vehicle that is covered by a fleet insurance policy. This in itself can be relatively straight forward, especially if you obtain the driver of the vehicle at the time of the collision. The police should be able to assist you in finding out the drivers name, the owner of the vehicles name and the insurance policy number. This becomes more difficult however if the company have ceased trading and thus you no longer have the right to make a claim against their fleet insurance.

If you’re in the unfortunate situation of having been involved in a collision with someone who was covered by a fleet policy and now that company no longer trades, you have a whole different scenario to deal with. Your insurance company are likely to tell you that if you’re unable to recover the money from the company’s fleet policy then your own insurance premium can be affected. Clearly this isn’t ideal as you don’t want to pay for repairs to your vehicle, especially when it wasn’t your fault.

You may be able to make a claim against the other driver’s personal insurance policy however, but to do this you will need all the details of that driver, including contact information. The easiest way of doing this is to contact the police, but you may be told that they can’t give out personal information due to the Data Protection Act. This is actually the wrong information.

The reality of this situation is that the police are obligated by the Road Traffic Act to present you with the full contact details of the driver of the other vehicle. You are entitled to this information pursuant to sections 151 to 154 and section 172 of the Road Traffic Act. This supersedes the Data Protection Act in this instance and is a worthwhile move to make in order to try and make a claim against the other driver. You should pursue this with both your own insurance company and the police and with the knowledge you have about the legality of the situation, you should be able to obtain the information needed to make a claim.

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[Add a Comment]
Babi - Your Question:
Hi I was driving on Rydal road in lake district last Saturday between 3-4 pm, looking to park and have a coffee and buy some souvenirs before leaving for home. I had a friend on my front passenger seat. As we waited for another driver to reverse out from the parking in front of queens hotel, this chap hit my car from the back. I turned the hazards on and took my seat belt off. Came out of the car to check the damage, Not to mention I was including my friend in a state of shock. The driver of the car who hit us from back, was very apologetic and straightway admitted his fault. but since the day was rainy and it wasn't very clear weather, I didn't noticed any massive dent on the rear bumper. so I failed to take the driver's details. I drove home and after getting the car washed after 3 days I noticed a massive scratch on the bumper, which needs re-painting of the whole bumper. I and my friend have been suffering from neck stiffness, and pain in the back for which my GP advised Painkillers. I am not sure now what to do, to inform police or get hold of my insurance. Please advice, what must I do in this situation.

Our Response:
You should really have obtained the driver's details at the time. It will be difficult for the police or your insurance company to trace the other party without any details. If your insurance policy is fully comprehensive you could still claim to pay for the repair.
TrafficAccidentAdvice - 4-Dec-17 @ 12:21 PM
Hi i was driving on Rydal road in lake district last Saturday between 3-4 pm, looking to park and have a coffee and buy some souvenirs before leaving for home. I had a friend on my front passenger seat. As we waited for another driver to reverse out from the parking in front of queens hotel, this chap hit my car from the back. I turned the hazards on and took my seat belt off. Came out of the car to check the damage, Not to mention i was including my friend in a state of shock. The driver of the car who hit us from back, was very apologetic and straightway admitted his fault. but since the day was rainy and it wasn't very clear weather, i didn't noticed any massive dent on the rear bumper. so I failed to take the driver's details. I drove home and after getting the car washed after 3 days i noticed a massive scratch on the bumper, which needs re-painting of the whole bumper. I and my friend have been suffering from neck stiffness, and pain in the back for which my GP advised Painkillers.I am not sure now what to do, to inform police or get hold of my insurance. Please advice, what must i do in this situation.
Babi - 3-Dec-17 @ 5:28 PM
Babi - Your Question:
Hi I was driving on Rydal road in lake district last Saturday between 3-4 pm, looking to park and have a coffee and buy some souvenirs before leaving for home. I had a friend on my front passenger seat. As we waited for another driver to reverse out from the parking in front of queens hotel, this chap hit my car from the back. I turned the hazards on and took my seat belt off. Came out of the car to check the damage, Not to mention I was including my friend in a state of shock. The driver of the car who hit us from back, was very apologetic and straightway admitted his fault. but since the day was rainy and it wasn't very clear weather, I didn't noticed any massive dent on the rear bumper. so I failed to take the driver's details. I drove home and after getting the car washed after 3 days I noticed a massive scratch on the bumper, which needs re-painting of the whole bumper. I and my friend have been suffering from neck stiffness, and pain in the back for which my GP advised Painkillers. I am not sure now what to do, to inform police or get hold of my insurance. Please advice, what must I do in this situation.

Our Response:
Talk to your insurer - but really you should have taken the details from the other party at the time. As for the neck pain, if the only damage was a scratch it's pretty unlikely that the collision caused significant damage to you. You should speak to a solicitor if you want to take it further.
TrafficAccidentAdvice - 27-Nov-17 @ 2:57 PM
Hi i was driving on Rydal road in lake district last Saturday between 3-4 pm, looking to park and have a coffee and buy some souvenirs before leaving for home. I had a friend on my front passenger seat. As we waited for another driver to reverse out from the parking in front of queens hotel, this chap hit my car from the back. I turned the hazards on and took my seat belt off. Came out of the car to check the damage, Not to mention i was including my friend in a state of shock. The driver of the car who hit us from back, was very apologetic and straightway admitted his fault. but since the day was rainy and it wasn't very clear weather, i didn't noticed any massive dent on the rear bumper. so I failed to take the driver's details. I drove home and after getting the car washed after 3 days i noticed a massive scratch on the bumper, which needs re-painting of the whole bumper. I and my friend have been suffering from neck stiffness, and pain in the back for which my GP advised Painkillers.I am not sure now what to do, to inform police or get hold of my insurance. Please advice, what must i do in this situation.
Babi - 24-Nov-17 @ 12:59 AM
If I saw an accident but was not hit. Do i need to stop and give my details?
Shabzy - 16-Sep-16 @ 9:51 AM
Concerned person - Your Question:
Help pleaseAbout three months ago I had minor accident, I reversed into a parked car and the the owner was there at the time. Due to the extent of the damage it was mutually agreed to settle outside insurance and we didn't swap details. I didn't report this at the time and I don't know if the other party did? She received a quote of £120 from a local garage but I mentioned that mutually known acquaintance to both parties could do it cheaper. The work was completed recently but the other party is not satisfied with the job and now wants my insurance details. My gut feeling is that she may have not informed her insurance company either as I have no correspondence from my insurance company. Where do I stand and what should I do?

Our Response:
If she's not happy with the work she should really take it up with the garage, since she's agreed to accept this option. The Insurance companies might take a similar view so hand over your details and see what happens.
TrafficAccidentAdvice - 28-Apr-16 @ 11:38 AM
Help please About three months ago I had minor accident, I reversed into a parked car and the the owner was there at the time. Due to the extent of the damage it was mutually agreed to settle outside insurance and we didn't swap details. I didn't report this at the time and I don't know if the other party did? She received a quote of £120 from a local garage but I mentioned that mutually known acquaintance to both parties could do it cheaper. The work was completed recently but the other party is not satisfied with the job and now wants my insurance details. My gut feeling is that she may have not informed her insurance company either as I have no correspondence from my insurance company. Where do I stand and what should I do?
Concerned person - 27-Apr-16 @ 12:28 PM
al32 - Your Question:
Hi my wife had an accident with someone pulling out infront of her the guy said sorry but when my wife asked for detils he drove , I she didnt mange to get the number plate but a witness who watched it happen said he knew were trhe guy lived as it wasnt far from hes house and told my wife were he parks the car, we since havnt been able to find the car as its not there we know the address and the guys name is there anyway we can find out the cars reg from this information.

Our Response:
Have you tried the police? If you know the make and model and where he usually parks the vehicle (which suggests he works or lives there), then they may be able to help.
TrafficAccidentAdvice - 1-Mar-16 @ 10:32 AM
Hi my wife had an accident with someone pulling out infront of her the guy said sorry but when my wife asked for detils he drove , i she didnt mange to get the number plate but a witness who watched it happen said he knew were trhe guy lived as it wasnt far from hes house and told my wife were he parks the car, we since havnt been able to find the car as its not there we know the address and the guys name is there anyway we can find out the cars reg from this information.
al32 - 27-Feb-16 @ 10:07 AM
brandy - Your Question:
Am I in my right to report a driver who swears at me

Our Response:
There is nothing to prevent you from reporting it, but the police probably won't take any action.
TrafficAccidentAdvice - 17-Nov-15 @ 9:35 AM
am i in my right to report a driver who swears at me
brandy - 14-Nov-15 @ 2:59 PM
@Van.This sounds very suspicious but we think you will need legal advice to get to the bottom of it as we really don't have enough information to comment.
TrafficAccidentAdvice - 13-Feb-15 @ 2:29 PM
Advice. A van backed into my vehicle. I have a witness and the company offered to repair the van at their body shop. which we refused. The van is owned by a transportation company. The Directors of the corporation are the husband and wife. The driver did not provide insurance papers. I filed a Small Claims report and now their lawyer filed for dismissal stating they are the registered agent of the corporation and not the titled owner of the vehicle. What should I do now?
Van - 12-Feb-15 @ 12:55 AM
@jaguar. Sounds like a scam to me. Just maintain your current stance of complete denial if you're absolutely sure it was your car.
puddleby - 29-Sep-14 @ 2:07 PM
A fraudulent claim has been sent to my insurance company by a third party who claims my car ran into their car. I have no knowledge of this accident and my car is not damaged in any way.Apparently, they obtained my insurance details using my registration number and an enquiry to the Motor Insurance Database.The claim is for personal injury and vehicle repair costs.My insurance company will not give me the details of this alleged accident because of the Data Protection Act.I've pointed out that I don't necessarily want personal data - just the detail of the allegation. These details are particularly important if I am to help my insurance company give a robust reply.
Jaguar - 27-Sep-14 @ 9:33 AM
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