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Third party insurance details after an accident, data protection breach claim
Formfeed
post Fri, 15 Nov 2019 - 00:29
Post #1


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Driver A is involved in an accident with Driver B.

Both stop and exchange details.

Driver B is at fault and coughs at the roadside, then leaves.

Driver A wishes to verify that Driver B is insured so flags down a passing Police van to ask them to PCN via photos of the scene which contain VRM.

They refuse citing data protection and ask that Driver A contact their insurer.

Question being that Driver A is now a third party claimant, is there in fact any legitimate cause to refuse the disclosure.

Police seem happy for disclosure to take place the next day despite the material facts not having changed overnight.


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The above is my view and does not constitute advice.
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Formfeed
post Tue, 19 Nov 2019 - 04:49
Post #21


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OK fresh scenario, tell me to bore off if I have tested your patience too far.

Rider A is on his bike, which he has chosen not to insure.

Driver B crashes in to Rider A, volunteers his name and number plate and leaves.

Aside from the potential offence of not furnishing details, how does Rider A make the claim?

Alternatively;

Driver B crashes in to Rider A and leaves immediately, but Rider A notes his registration as he is leaving.

Do these both go to the MIB?

Are the MIB happy to disclose to Rider A on the basis that Rider A has formulated a scenario which may or may not turn out to be factual?

Alternatively;

Driver B remains at the scene but wants to leave, Rider A can decide whether to allow him to.

I'm still uncomfortable with the notion that you'd let a driver leave the scene without verifying that they are insured and if the office is closed, hard luck.

Are the MIB happy to disclose to Rider A on the basis that Rider A has formulated a scenario which may or may not turn out to be factual? That to me has a far greater likelihood of a DP breach compared to a photo of a scene with three cars in, two of which are still present, in the same place with the same damage and verified by the date stamp on the photo if you wanted it. In this case Rider A may not have any corroboration whatsoever yet would still need the disclosure?

It just seems massively counter-productive to me to not PCN, surely the work to trace and prosecute the uninsured driver is far more work than the PCN to verify?

QUOTE (The Rookie @ Mon, 18 Nov 2019 - 22:51) *
Given it would have to be declared when renewing (or going elsewhere) anyway, why on earth not use a service you pay for?


They were closed and in the other hypotheticals there may not even be a policy in force in the case of a collision with a cyclist.

This post has been edited by Formfeed: Tue, 19 Nov 2019 - 04:50


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The above is my view and does not constitute advice.
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post Tue, 19 Nov 2019 - 04:49
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cp8759
post Tue, 19 Nov 2019 - 17:13
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Read these two sections in full:

http://www.legislation.gov.uk/ukpga/1988/52/section/170

http://www.legislation.gov.uk/ukpga/1988/52/section/154

In short: if there is an injury, you can demand insurance details on the spot and failure to provide insurance details either on the spot or (where nobody asks for them) to a police officer within 24 hours is a criminal offence.

Where there is no injury, the driver must stop and give his name and address, which is all you need to pursue a civil claim against him. Once you've made a claim, insurance details must be provided on demand under section 154, so this is relevant in a damage only scenario.

If details of insurance cannot be obtained because the driver is willing to break the criminal law, there is always the option of going through the MiB, all you do is pay the £4.50 fee and the details are provided on the MiB website. Of course, if you haven't had an accident and are obtaining details from the MiB fraudulently, you're at risk of prosecution under the Data Protection Act 2018 for unlawfully obtaining personal data.

This is quite aside from the fact that the new MiB roadside app allows you to check details at the roadside for free.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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