Car damaged - other party will not give details. What shall i do?

Flyboy152

redlooney wrote: »

Time to draw a line under all this
No 2nd car or VRM = no line of enquiry.
It's just one person's word against another's.Police Officers aren't mindreaders and have no access to lie detectors, which is why this scenario wouldnt get past a decent call handler, never mind waste an officer's time.

And what official policy are you basing that on?

All the OP's nephew has to do, is go to the other party's family friend to get the registration number. It really is that simple.

redlooney

Flyboy152 wrote: »

And what official policy are you basing that on?

All the OP's nephew has to do, is go to the other party's family friend to get the registration number. It really is that simple.

No official policy - just common sense.The other party is hardly likely to say "Oh yeah - here's the reg number and the damaged car.Please rush to the police station and get me proper done like" Derr

Happychappy

Flyboy152 wrote: »

The offence is failing to exchange details. Not having the registration number is a bit irrelevant, but it does compound the offence on the part of the other party.

Unfortunately if you read the wording of section 2 it requires the driver purely to stop and "if required" give name, address, reg no, name address of owner and reg no. Both parties stopped but the alleged driver at fault was not required to give his details? the numpty knew the other man and where he lived, as well as his car was there for details of the registration number to be taken from, you would never get a prosecution for fail to stop and report, and it may well be the alleged offender has completed his obligation. It now goes through the numpty's insurance, but as it may appear to be a mummy front car, don't hold your breath.

Failing to Stop/Report an Accident

Definition, see Wilkinson's 7.04.

Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.

If the driver did not stop, then section 3 applies

Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision