unsecured load...what are the charges?

maninthestreet

The other driver's details have been sold on to a 3rd party who will have contacted them explaining that they can get compensation for 'injuries' suffered in the accident - whiplash is the favorite one, but as there was no rear-end shunt, it may be difficult to make that one stick.

jc808

If your hubby is 'only' being charged with unsecured load after a minor damage accident, he might consider himself lucky!!

What if a larger piece of wood had come loose on the motorway and killed someone? Next time make bloody sure his wood is secure!! (ooer missus)

mikey72

jc808 wrote: »

If your hubby is 'only' being charged with unsecured load after a minor damage accident, he might consider himself lucky!!

What if a larger piece of wood had come loose on the motorway and killed someone? Next time make bloody sure his wood is secure!! (ooer missus)

What if there had been nothing behind him, or he was carrying foam rubber? Wouldn't have hurt anyone then.

harveybobbles

The fact the load was unsecurred is madness and hubby deserves a hefty fine.

I've been hit bya sheet of plasterboard that fell off a van roof on the motorway a few years ago and it made a right mess if the car: Bumper, bonnet, grille, nearside front wing, leading edge of roof, wiper arm plus windscreen were damaged. So I dread to think what damage some wood could do..!

However, I'm surprised your insurance havent been in touch to check the details of the claim. If the other guy has gone to the trouble of having the front end of his car repainted then I'd be looking out for a bogus whiplash claim lol.

In your defence you could argue and say that he was driving too close to your hubbys van and a decent driver would have been able to avoid the situation by leaving sufficient distance..

Yorkie1

XXSCOTSLASSXX wrote: »

Well hes been charged under section 1.7??. Of the road traffic act

Sounds as though he's been investigated for, or charged with, s.170 RTA 1988.

Basically, there are 2 offences under that section, which applies in a number of situations including yours (i.e. where damage has been caused to another vehicle):

- Firstly, your OH had to stop at the scene and, if required to do so by anyone with reasonable grounds for requiring the information, give the following details: 1) name, 2) address, 3) registration number of his vehicle. This offence is often called 'fail to stop'

- Secondly if, for any reason, he didn't provide full name and address, he had to report the accident to the police as soon as reasonably practicable. There is a backstop time of 24 hours for this, but the asap bit is the most important bit. This is often called 'fail to report'.

So, if he did give all the necessary info at the scene after stopping, there's no need to report to the police.

However, if the other driver did have any injury, the duties are greater. Your OH should have produced his insurance certificate to the other person (I don't think insurance details are technically sufficient) at the time and, if failed to do so, had to report the accident and produce the certificate to the police asap as stated before.

I notice that you mention the procurator fiscal, so assume you're in Scotland. The legal system there is different from England / Wales so don't actually know what the procedures up there are.