what will happen /driving on phone crash

dipsy

friends b/f was on his phone (not hands free), has had a crash.... will he still be insured?

dacouch

Yes he will

maninthestreet

Did the police attend? Assuming another vehicle was involved, did the other driver see your B/F on his phone immediatley prior to the crash?

dipsy

not my b/f friends b/f

company car no hands free fitted, but he was not on company business, and on private phone

yes other driver said to police he was on phone

he denied it - says they are welcome to check his phone (work one)

private phone payg..... so guess they wont trace that....

his work know however that he was on private phone and are considering sacking :-(

Hintza

Cops will probably see through it and still charge him.

molerat

Perverting the course of justice, nice one.

dipsy

please don't shoot the messenger... only trying to get info for her

how can the police prove it if he has his works phone and one person says on phone and one person says not

what is likely to happen to him re the crash?

wuckfit

not sure, they might look at charging with driving without due care and attention. at the very least he's looking at 3 or six points and a fine, I'd expect. And hefty insurance premiums in the future. if he drives for his job, he might struggle to get another job with that type of penalty points on his license. The fact that he's trying to pervert the course of justice suggests that he hasn't actually learned his lesson, and next time he does something so selfish, he might kill somebody.

Hintza

or even reckless driving. The police possibly won't even be interested in trying to prove he was on the phone.

dipsy

I have to say, I think he was out of order, but I am only asking the questions so she knows what is likely to happen.

What would he get for reckless driving and what is the difference between that and due care and attention

I guess anyone that has an accident could be done for due care and attention as if you were paying attention you probably would not have crashed, or am I missing a point?

tia

wuckfit

technically yes, they probably could, but it rarely happens. generally, the police gather evidence and charge somebody. it is then up to the CPS to decide whether they have enough evidence to secure a conviction.

Reckless is certainly stronger than due care and attention, and will incur more points or a ban. I can't find my leaflet at the moment so I'm going from memory. Running a red light, say, could be due care and attention, but accelerating whilst running a red light at speed more probably would be considered reckless.
Its all down to what the police and the CPS think they can get a conviction with. If he simply ran into the back of someone whilst using a hand held, that'd probably be careless. if he had a head on whilst overtaking on a twisty country road and using his hand-held, that would probably be viewed as reckless. It will largely depend on the manoevre he failed to complete when the crash happened, if you see what I mean.