Formal letter, sent to the MD as listed at Companies House, by Recorded Delivery.

Mark it "Private & Confidential" and it shouldn't get filtered by his PA.

I would get a legal letter sent to the dealership stating that, unless they withdraw the false claim, they will be faced with a claim for defamation.

This assumes the damage done can be shown to be your car being hit, rather than your car hitting.

Sometimes you get a conflict of interest, either the same insurance company is used by both parties or the same underwriters.

I would (and have) gone to court and challenged an insurance claim; I even had to threaten dismissal of the insurers supplied solicitor after she tried to make a 25/75 deal behind my back (in their favour).

Luckily they were greedy and declined; I went up before the beak and calmly laid out the facts, and won; primarily on my attention to the details of the incident and by being honest by saying the other driver wasnt speeding, but I couldn't be sure if he had his lights on.

(7:30pm in late November)

Thanks for all the advice I find it frustrating talking to claims handlers who seem to know jack all. I have a degree in law (but never continued the professional qualification) so I do understand the Tort Law.

I have instructed solicitors through my legal expenses insurance so I will also ask them to make the driver a joint defendant and the dealer as the other as they are vicariously liable.

I will visit the dealer and ask for the drivers home address S170 RTA requires him to stop and give his name and address and that of the owner of the vehicle. He only gave his name and so technically should have reported the accident to the police also I know I am pushing it there but will make sure he is named personally on the legal papers.

S170 RTA only applies on a road...unless I've misread this post that doesn't seem to apply in this incident?

No it applies to anywhere that the public would normally have access. For example attempting to drive whilst drunk on a pub car park is an offence the same as if it were on the road.

I will be watching this with great interest and wish you the best of luck pigeon142

I despise dishonesty of this kind. They're a huge dealer for a major global marque, yet they're trying to save themselves a few hundred quid by trying to squash one driver – who was actually a potential customer :o

The mind truly boggles at their attitude. I can only assume they're trying to protect the techie driving the car. He could be on a last warning? Or more likely the dealer's getting grief from the owner of the TTS. Either way, it's still shoddy :(

Like I say, best of luck. FIGHT THE POWER!

Sorry, Pigeon but my understanding is that s170 only applies to a road....

"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 motor vehicle on a road, an accident occurs by which— .

(a)

personal injury is caused to a person other than the driver of that motor vehicle, or .

(

damage is caused— .

(i)

to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or .

(ii)

to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor 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.

Excuse the poor formatting..I just cut and pasted!!!

etc...etc....

You are quite correct though that drink driving, driving without insurance, dangerous and careless driving etc all apply in a public place.

Edited 17 August, 201015 yr by bouff34

Hi thanks for this.

Your right but not in the way you think a road is defined as;

"... any highway and any other road to which the public has access and includes bridges over which a road passes"

So s170 can apply on private property it would appear that this applies to all private roads ie.private industrial estate barring a car park (various case law) .

The question now will be where does the private access road end and the car park start???

Thanks for the info.

Sorry managed to delete my post.

Update:

I saw the same link as you (Bouff34) defining s170 but it appears to be wrong, the correct definiftion being below

1) This section applies in a case where, owing to the presence of a [F1 mechanically propelled vehicle] on a road [ F2 or other public place], an accident occurs by which

RTA was amended by The Motor Vehicles (Compulsory Insurance) Regulations 2000 to include public places with s170.

Car parks have been held to be public places (May v DPP [2005] EWHC 1280).

So as I see it he is obliged to give me the details.

Edited 17 August, 201015 yr by pigeon142

Pigeon,

My apologies - you are correct the legislation has been sensibly updated and does include public places! I need to throw out my old law books! Of course the next question is whether your accident took place in a public place but I guess that would come down to a court to decide with reference to the multitude of case law that exists!

I'll try and check my facts before I post next time but at least I've learned something new today!

Regards,

Bouff