crash law

sebdangerfield

I'd guess in most circumstances when the other party was indeed insured and had a license it'd be more trouble to prosecute when they did turn up after all as they had nothing to hide really, especially if they agreed your circs of the bump anyway.

Mitigating circs are somone elses decision to decide so i'd be reluctant to let them be in that position when it's my license at risk so i'd rather stop unless there's a realy big, obvious reason not to. I think they used the work mitigating to be ambiguous so as people can't use it as a reason to not stop.

NigeWick

sebdangerfield wrote: »

Mearly stopping does not satisfy that act.

It would if there were nobody there to swap details with. A driver must stop at the scene if only to ascertain there are no interested parties. Then, they should go straight to a police station if they can not sort out the crash with people at the scene. OTOH, one could be in a fatal crash, swap relevant details to comply with the law, and, if all agreed that there was no need for police involvement, not report it to the police.

cyclonebri1

So what conclusion have we come to then?

???????Yes you have to stop, albeit momentarily. Yes you "should" exchange details.

But the opt out is, "if" you don't, you can do this at a police station within 24 hrs???????

NigeWick

cyclonebri1 wrote: »

. Yes you "should" exchange details.

But the opt out is, "if" you don't, you can do this at a police station within 24 hrs???????

Nope. You must exchange certain details there and then if there is an interested party. If you can not exchange all required details (many do not have driving licence, insurance and MOT certificate with them) you must at least exchange names and addresses of drivers (and owners if different), and, report the crash to the police as soon as is practicable and in any case within 24 hours.

cyclonebri1

NigeWick wrote: »

Nope. You must exchange certain details there and then if there is an interested party. If you can not exchange all required details (many do not have driving licence, insurance and MOT certificate with them) you must at least exchange names and addresses of drivers (and owners if different), and, report the crash to the police as soon as is practicable and in any case within 24 hours.

"(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. "


Read the act again as posted earlier. It quite clearly gives an opt out and does not mention at "least names and addresses" have to be exchanged at the roadside.

If you have good reason it is allowable to report it directly to the police.

All this is asuming no injury to persons. If no one is injured there is no requirement to report the issue to the police at all, but you must exchange names, addresses but are not required by law to exchange insurance details. Each driver is required to report the accident to their own insurer.

This has sod all to do with Scotland, as it could be different;)

sebdangerfield

Bri, it's not an opt out. It's for the court or CPS to decide if the circumstances presented were mitigating. That means it would be dependant upon case law and previous case law would suggest that those circumstances would be far more grave than just thinking someone was going to agressive, it would be a medical emergency when an injured person needed hospital treatment and it would be quicker to get there than wait for the amulance. On the other hand, shock has been a sucsesful reason.

NigeWick It would if there were nobody there to swap details with.

I'm talking about (Section 170(2) of the Road Traffic act 1988) regarding exchanging details, if there's nobody there how can you exchange them!?

NigeWick OTOH, one could be in a fatal crash, swap relevant details to comply with the law, and, if all agreed that there was no need for police involvement, not report it to the police.

Exactly how do you swap details with a dead person? That situation has nothing to with all parties agreeing to not tell the police. An accident reportable to the Police is one where owing to the presence of a motor vehicle on a road or other public place, damage is caused to another's property or injury is caused. I'd say in that situation, there'd be damage and as it's a fatality, a fair old injury!

NigeWick If you can not exchange all required details (many do not have driving licence, insurance and MOT certificate with them)

You don't need to exchange details of any of those. The RTA 1988 states you need exchange your name and address, the name and address of the vehicle owner and the registration number of the vehicle owner.

Bri, i've found the case law regarding how long you should stop for, it's Lee v Knapp 1966 3 All eR 961 and basically says you must stop suffeciently long enough to exchange details to all interested parties.

NigeWick

cyclonebri1 wrote: »

"(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. "


Read the act again as posted earlier. It quite clearly gives an opt out and does not mention at "least names and addresses" have to be exchanged at the roadside.

If you have good reason it is allowable to report it directly to the police.

All this is asuming no injury to persons. If no one is injured there is no requirement to report the issue to the police at all, but you must exchange names, addresses but are not required by law to exchange insurance details. Each driver is required to report the accident to their own insurer.

If one does not stop at the scene, that person can not give details to any interested party. "must stop" being the operative words. There is no opt out at all.

" If for any reason the driver of the mechanically propelled vehicle does not give his name and address"

This bit is in case there is nobody at the scene who has reasonable grounds to want details. Such as, killing a sheep or hitting a road sign in the middle of nowhere.

If nobody is injured, there is still the damage part of the act. There is a requirement to give details (not insurance, licence or MOT however these are required if there is an injury to any person other than the driver) or report the crash to the Police. If an interested party believes that an offence has been committed, the crash must be reported even if it is only damage.

NigeWick

sebdangerfield wrote: »

Exactly how do you swap details with a dead person? That situation has nothing to with all parties agreeing to not tell the police. An accident reportable to the Police is one where owing to the presence of a motor vehicle on a road or other public place, damage is caused to another's property or injury is caused. I'd say in that situation, there'd be damage and as it's a fatality, a fair old injury!



You don't need to exchange details of any of those. The RTA 1988 states you need exchange your name and address, the name and address of the vehicle owner and the registration number of the vehicle owner.

If there is a husband/wife/relative/friend of the dead person there who accepts that the dead person was at fault. Obviously if there is only the dead person then the crash must be reported.

A crash is only reportable to the Police if any of the factors are not complied with. The law can be complied with and Police not called, even at a fatal.

There what equates to a "sliding scale" of details to be exchanged to comply with the law.

sebdangerfield

I'm bored, Bri's asked some decent questions and all in a fun, entertaining manner. You're just stating things that aren't true.

not insurance, licence or MOT however these are required if there is an injury to any person other than the driver

The only person who can require thease are the police, not someone you had an accident with.

If an interested party believes that an offence has been committed, the crash must be reported even if it is only damage.

This is just totally false, the interested party just gets the same details as anyone else, Name and address of you, name and address of the owner and the vehicle reg number. You dont even need to give the insurance details, it's up to the police to do this. And it's got nothing to do with if someone thinks you commited and offence, how on earth can a person with no legal knowledge be expected to know this!?

sebdangerfield

There what equates to a "sliding scale" of details to be exchanged to comply with the law

Please explain this sliding scale? you only need exchange what i've already posted.

I really don't believe you think you can not report a fatal accident to the Police if the deceased's passengers agree its thier fault!?

You must report an accident if there is damage to another's property or if injury is caused.