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police fabricated statement

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Hello Folks, I'm new here and looking for a bit of help and advice. In july 2010 was involved in a road accident where a bus came right out of a side road onto the "A" road I was driving along and it ended up virtually side ways on leaving me no option but to crash into it. It was a clear case of the bus driver speeding and not being able to slow down as he approached the junction. I had my 7 year old son in my van with me and when I realised I was going to hit the bus i thought, this is it we are both dead here.
Now here is where it gets difficult. The PC who attended the scene told me it was straight forward and that the bus driver had addmitted everything and that all should be straight forward.
Then when I received the PC's report he had said there was diesel on the road which caused the bus to skid and that no one was at fault. This is a total lie. My self and my son were taken off in an ambulance and later discharged from hospital. My wife and family were travelling behind me when the crash happened as was another totally independent witness. We all know that the bus driver was speeding and caused this crash. I also have another independent witness who was walking her dog and she says there was no diesel spillage at all. so thats 4 people including myself saying here was no diesel, and 2 witnesses that can vouch that he was speeding. The PC never interviewed anybody not even me. I was also not breathalised, he never followed up to see how myself and my sons injuries were. He states that although the diesel caused the crash that he did not contact the highways to clean the road as in his oppinion it would not cause another accident. The bus drivers insurance are hiding behind the fact the PC says the diesel caused it.
Can anyone please help and give me advice, i'm so frustrated with the PC's fabricated statement:(
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Comments

  • anniecave
    anniecave Posts: 2,470 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Surely if the bus came out of a side road in front of you, then it was his fault, no matter whether it was because he failed to stop because of speed, he skidded on diesel, was blinded by the sun, whatever

    There may have been diesel spilled after the accident, if the bus was on its side (and the bus had diesel in it)?

    So I assume liability is still being determined (from both insurance companies point of view)? Is it the same PC writing the report as talked to you at the scene?

    Do you have legal cover on your car insurance? Did the police appeal for more witnesses? Are the likely to have been more witnesses?
    Indecision is the key to flexibility :)
  • Croppy_boy
    Croppy_boy Posts: 18 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    Hi Annie thanks for reply. Yes it is the same PC. Witness wise I have my wife and then a tractor driver that actually witnessed the crash. Then another independent witness that lives nearby vouched that there was no diesel spill or heavy rain that the PC has said. Because the tractor driver sits up high in his cab he saw the whole thing happen as in the bus came speeding over the brow of a hill and straight across the junction. The bus actually came across 2 lanes of traffic before I collided with it. The police never questioned the witnesses at the scene or even sent out pro formas. The PC arrived about 10 minutes after the crash and without speaking to myself or the witnesses wrote a report up saying that it was the diesel that caused the bus to over shoot the junction and that the driver was not at fault. This is so untrue it beggars belief. I'm not aware of any other witnesses. Yes I did have legal cover but I've had to change solicitors to a local one as the original firm said I did not look like succeeding with my claim because of the PC's statement. When I asked about the witnesses statements, because the police never interviewed them the solicitors didn't know there were any. This is when I lost all confidence in them and changed. How can a PC turn up after an accident then without asking questions come to such an outrageous decision. I noted that he said I provided him with a negative breath test thus is another lie as I was never given one.
  • huckster
    huckster Posts: 5,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You can't say that the Police report is fabricated, but you can say that it is factually wrong in your opinion.

    I agree with the previous comment. Unless there was loads of diesel on the road, it should not have caused the Bus to have failed to stop.

    Continue to fight this and if you have legal expenses cover push for this to go to court.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • londonTiger
    londonTiger Posts: 4,903 Forumite
    strange, why would police make this up? the fact that the police didnt request a cleanup of the diesel also points to the fact that it may not be there. also doesnt diesel stain concerete? would it leave marking on the road>
  • Croppy_boy
    Croppy_boy Posts: 18 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    huckster wrote: »
    You can't say that the Police report is fabricated, but you can say that it is factually wrong in your opinion.

    I agree with the previous comment. Unless there was loads of diesel on the road, it should not have caused the Bus to have failed to stop.

    Continue to fight this and if you have legal expenses cover push for this to go to court.

    Thanks Huckster I take your point on saying I can't say it's fabricated. I'm just so angry with the PC's statement. Originally he said all was straight forward and the bus driver had admitted everything. Then he writes a report saying there was diesel that caused it. I've always wondered if they knew each other :(
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    It's puzzling why the police report stated that although the diesel caused the crash that they did not contact the highways to clean the road as it would not cause another accident - it had just caused one, according to their own report!
    "You were only supposed to blow the bl**dy doors off!!"
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    anniecave wrote: »

    There may have been diesel spilled after the accident, if the bus was on its side (and the bus had diesel in it)?


    It wasn't on it's side.

    "it ended up virtually side ways on".
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Croppy_boy
    Croppy_boy Posts: 18 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    It wasn't on it's side.

    "it ended up virtually side ways on".

    This is correct when I hit it I took the back end of the bus off from the back wheel arch to where the rear lights etc are situated.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Don't you have a solicitor acting for you over this?

    See what their advice is.

    If you don't have one, then get one.
  • I'm not at all sure what you're looking for here, what outcome? Are you still trying to get your car repaired after 3 years, trying to recover an excess you paid to the insurance company or get compensation from the bus driver for injuries etc?

    Apart from your annoyance at what you consider to be an incorrect report by the Police Officer, what else is keeping this case open?
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