car crash legal query

Gene_Hunt_2

Wig wrote: »

So why say #9 then? The OP stated he was happy with the situation and drove away. Why the comment in #9 which implies he hadn't done something that he should have done?

Given your reasoning you might aswell have written
"Spain is a country on the Iberian peninsula." because it would have been just as relevant.

It's a reportable collision under the RTA, the police report may assist the OP with his claim.;)

Gene_Hunt_2

vaio wrote: »

and not reportable as far as the other driver is concerned as he does accept any injuries were incurred and he stopped and provided all the required details

Link to that under the RTA please.

vaio

Starting to get circular but as I read it…….

Duty to report arises if……

S170(1)a “a person other than driver is injured….” OR

S170(1)b “damage is caused…..”

AND

S170(2) “The driver doesn’t stop and give details at the time……”

It’s common ground no damage occurred and all the required details exchanged and as far as the TP driver (and their insurance company) is concerned no injuries occurred either (hence the defended claim) so

Details exchanged, no damage, no injury and no need to report as far as the TP driver is concerned.

Even if the TP driver did accept that injuries had occurred there is still no requirement to report provided that he produced his insurance certificate to the OP at the time as per S170(5)b.

Gene_Hunt_2

vaio wrote: »

Starting to get circular but as I read it…….

Duty to report arises if……

S170(1)a “a person other than driver is injured….” OR

S170(1)b “damage is caused…..”

AND

S170(2) “The driver doesn’t stop and give details at the time……”

It’s common ground no damage occurred and all the required details exchanged and as far as the TP driver (and their insurance company) is concerned no injuries occurred either (hence the defended claim) so

Details exchanged, no damage, no injury and no need to report as far as the TP driver is concerned.

Even if the TP driver did accept that injuries had occurred there is still no requirement to report provided that he produced his insurance certificate to the OP at the time as per S170(5)b.

No damage means no need to exchange details, any injury in a two vehicle crash makes it reportable. As per the RTA you reported.;)

sebdangerfield

Gene_Hunt wrote: »

Definition of a Reportable Collision

If owing to the presence of a vehicle on a road an accident occurs which causes injury or damage to:

• a person - other than the driver of that vehicle an animal - other than an animal being carried in that vehicle or trailer ("animal" means horse, !!!, mule, cattle, sheep, pig, goat or dog)
• a vehicle - other than the vehicle which caused the accident
• property constructed on, affixed to, growing in, or otherwise forming part of the land where the road is.

The driver must stop and give their name and address, the name and address of the owner of the vehicle and registration number of the vehicle to a person having reasonable grounds for requiring that information.
If for any reason the driver does not give his name and address, it must be reported at a police station or to a constable, in person, as soon as reasonably practicable and in any case within 24 hours.

HTH.

Yes, an injury accident is reportable however the above is the exception. If details are exchanged at the time then no need to report to Police. I recall a question used in the Osprey Police promotion exam showed to me by an officer in court once.

Injury RTC where driver is fully legal and sober drives along a road. Pedestrian who is larking about runs infront of vehicle and causes an accident. Pedestrian has injuries but all witnesses point out the driver was not the cause of the accident. Driver provides all his details as required by RTA and all parties agree pedestrian is at fault. Is this a reportable accident?

No. driver has satisfied all his obligation under the RTA and in these circumstances, where there is no question of other offences, there is no requirement to report.

Gene_Hunt_2

sebdangerfield wrote: »

Injury RTC where driver is fully legal and sober drives along a road. Pedestrian who is larking about runs infront of vehicle and causes an accident. Pedestrian has injuries but all witnesses point out the driver was not the cause of the accident. Driver provides all his details as required by RTA and all parties agree pedestrian is at fault. Is this a reportable accident?

What if he kills the pedestrian?

sebdangerfield

I didn't use death as an example on purpose, partly because it doesn't apply here and partly because it causes further confusion and horror when people realise the answer is exactly the same!

As long as no other factors apply like driving offences or a driver being unable to supply required documents to the other party then the matter does not need to be reported, regardless of the severity of injury. Goes against common sense I know but if you look again at the RTA section previously posted you'll see it right.

In the real world however, someone nearly always needs to be investigated as very few people agree no one is a fault so most injury RTCs are reported.

Gene_Hunt_2

Some may see running into the back of a vehilce as careless.

sebdangerfield

Some may. The fact is;

1) you're saying all injury RTCs are reportable,
2)didn't fully understand the applicable part of the road traffic act which says they aren't all reportable
3)didn't realise the severity of injury has no impact on whether an RTC is reportable when you asked about death in the previous post

but still strive to give advice on the matter. I think all threads like this come to an end when one person, in the face of adversity, maintain they are right even when many others say and prove otherwise. I appreciate, from reading your many law related posts that you are or were a Police officer and have a vast knowledge of the law. On this matter however, you are wrong.

Rexy

I don't know if the law has changed, but it used to be that in the event of injury to any party due to a road traffic incident it had to be reported as soon as possible, or within 24hours maximum.

In the event of other road traffic incidents, you used to have up to 48/72 hours I believe.

In any event, I do not believe that exchanging details absolves you of having to report an incident to the Police in any circumstances. I also believe that it has to be in person, by phone does not satisfy the requirements of the Road Traffic Act.