Legal Situation
From Pedalpushers
Your crash comes under Section 179.1(a) (and (b) for the damage to her vehicle) and as such you should have been provided with proof of insurance or other security, - if this is not the case and if no proof is produced at the scene and time S170.6 (a) and (b) apply viz the 'accident' has to reported to a Police Station with proof of insurance or other security. Failure of the driver to report and produce the relevant evidence of insurance etc within 24 hours is an offence unless the driver has nominated (or been told) to produce the documents within 7 days at a nominated Police Station.
ln case of injury you should with a 'minimum of delay' record those injuries, (photographs and note from examining doctor) This is especially important for internal injuries which may not immediately reveal their severity, especially as you have a serious claim against the driver of the vehicle, and where any discomfort or disfigurement may persist (a recent case of a fall on a level crossing saw the cyclist die around 12 hours later, having dismissed his bump as a minor bruise). If you have genuine details of the vehicle, the driver and the vehicle owner and the insurer then without delay contact that insurer and you can sit with what they offer, or draw on advice as to whether the injuries are properly compensated for.
In the case of injury this should be reported as specified under Stats 20 to produce a Stats 19 record, and the means of recording such data is through the Police. ACPO reckon that there is under reporting of minor injury crashes Section 170 Road Traffic Act 1988
DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR DOCUMENTS
1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road, an accident occurs by which - (a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or (b) damage is caused - (i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or (iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land
(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned.in section 165(2) of this Act - (a) to a constable, or (b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence. This subjection does not apply to the driver of an invalid carriage.
(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver - (a) must do so at a police station or to a constable, and (b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident
(7) A person who fails to comply with a duty under section (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.
[Road Traffic Act 1988, s 170 amended by the Road Traffic Act 1991, Sch 4].
