My brother in law was knocked off his bike in Edinburgh a few weeks back and was taken to hospital unconcious with a fractured hip and other injuries. He's gonna recover but it'll be months off work then physio etc. The driver of the car is being done for dangerous driving among other things as he was driving in a bike lane but the police won't give his details out to my BIL so he can claim off their insurance as its against their GDPR policy. Unless the other driver agrees to providing his details to him (which he hasn't) they say theres nothing they can do. I understand how GDPR is supposed to protect the privacy of people so their data doesn't get into the wrong hands but this seems daft. His only option apparently is to pay out for a lawyer who can then ask for the details.
I would have thought that as the driver has been charged for dangerous driving your BIL is not at fault. As such most solicitors would jump at the chance to represent him as they are guaranteed a good pay out themselves and won’t charge your BIL
That's exactly how it should work. If the police gave out his info what's stopping you going a smashing his head in. Is your BL a member of British cycling as it's has some insurance and legal teams. As Jules typed any standard firm will jump at the chance if the local plod have done all the leg work
The bloke is due in court in December i think it is. I can see the point of not giving out details like his address (though if he was concious he would have probably got that anyway) but the police couldn't even provide his insurance details. It sounds like his solicitor could be receiving a big payday if all goes to plan as his bike was £3k plus injury claim etc.
Has he got a solicitor on it Zeb, from what is posted above I’m guessing he needs one to go forward. Maybe the insurance company could appoint one?
This ^^^ It might be seen as an unwanted extravagance but their bills will be paid for by the drivers' insurance . Sent from my SM-G960F using Tapatalk
Yep, he's got a solicitor involved now. No other way to get anything done. Letter now sent to plod as they wouldn't accept a phone call.
Doesn't section 170 of the RTA state that the driver of a mechanically propelled vehicle must stop following an RTC and furnish anyone who has reasonable grounds to require them with their details? Has GDPR over ridden this, can they now just give them to the police, what if it's a non injury RTC police wouldn't necessarily be in attendance?
You need to quote section 170 of the Road Traffic Act 1988. Following a vehicle collision on a public road, this is the law that requires you to exchange names and addresses. It’s not optional - it’s a legal requirement. Stirlingmoz
Yup it's a rubbish law but it's there to protect us all I've been on the end of it multiple pile up on the m6 one driver just buggered off a world of pain for the insurance company. But it's main priority is protect our data just think if your family members are hurt or in trouble press, ambulance chashers even scammers all knowing your details all ringing you knocking on the door. One of the huge issues that gdpr has is companys don't understand the law and then hide behind "sorry data protection" and as the fines are so huge I don't blame them. My company now has 2 passwords and 2 factor identification just to log on to see peoples details we cannot even share those details over company email or our in built message system. The fines are huge if an employee cocks up
The vehicle drivers should give their details to anyone at the scene who has reasonable grounds to have them . For example a person colides with your neighbours car , the neighbour is out of the country, the driver should supply you with their details if you ask for them because its a reasonable request so you can pass the detailst the neighbour upon their return. The driver should have given your brother in law details at the scene if he asked for them . Sometimes shock can make people react strangely and so they refuse , if they refuse the police should be involved and details obtained and exchanged either at the scene or some time after . Dependant on circumstances of the RTC police would either take action or not but they should exchange details of those involved . If police not involved ,BUT drivers insured the insurance just need the reg numbers and their database will identify insured and the insurance company will persue the matter (or not) . Phone the local force up and ask for the RTC clerk who will give you details required
So the police won’t share the actual registration number after the event. That is GDPR, yes, as they can’t share personal information with a member of Joe public, as you might go looking for the driver and do something heinous. I imagine that that actually pre dates GDPR....it’s nothing to do with the road traffic act as that states the drivers obligation to share personal information. If your brother has legal protection on any insurance he has (car, life cover etc) look at the small print as my understanding is he may well be covered for this...I seem to recall reading you only need one instance if legal protection cover, not one on every insurance policy. He is seeking a civil case against the driver isn’t he....so it’s not a criminal investigation involving the police. I suspect that the police will share details to the correct legal entities and they too are bound under legal confidentiality clauses, and once the have the reg, can contact the driver. Weirdly the DVLA will sell everyone’s detail to any bunch of crooks claiming to be a parking firm if they have the reg number.
Police should be able to share the reg number as that isn't private or personal information. The injured party could have got it at the time, if conscious. The reg no could then be passed onto insurance company so they can peruse the driver
There is a specific offence of failing to supply details when invoked in a road traffic accident/road traffic collision...the offence pertains to the individual who failed/refused to supply them. There is also a specific offence of failing to report a road traffic accident/road traffic collision to the police as soon as practicable to do so. This again pertains to the individual who failed to do. These 2 offences are usually charged at the same time as what is deemed to be the main offence (in this case Dangerous Driving). The afore mentioned 2 offences are there specifically to cover cases when drivers don’t provide their details. The Police unfortunately under the GDPR can now not provide the details........however sometimes whilst they talk to you about the accident the paperwork is laid out and you may be able to ‘catch a glimpse’ of a name and address without the officer being aware.
