DAO4 NXM - Cnut of the day

I am no lawyer, please take this as highly inaccurate in terms of the finer points but probably along the right lines...

First, this is a collision from the rear. Under law, it is entirely the fault of the driver at the back. So you have the right to claim your damages off their insurance. And you should do. That includes damage to your bike, loss of earnings etc. End of

I believe you can ask for the car drivers name and address. Obviously, you have to sound like you really mean to go through with the prosecution (say you have a cousin who is a top barrister who will handle the case for you) otherwise they might hesitate to hand his details out.

Not so. There is usually a presumption of fault on behalf of the driver in the instance of a rear end collision, but this is not an automatic fault. If there is an indication of unreasonable action by the person in front (i.e. you could have popped out of a side road and slammed on the brakes) then the police or loss adjusters will investigate and apportion blame.

Don't need to demonstrate an intent to prosecute to request details. You only have to demonstrate a reasonable right to claim against the driver for his actions.