RTC whilst on driving lesson

restless6

Spicy_McHaggis wrote: »

How bad of an injury are we talking about and damage to the car?

Whilst I disagree that the driving instructor was legally obliged to call an ambulance under the road traffic act. did your son inform the instructor of his injury at the time or was it obvious from the impact such an injury may have occurred?

He said he told the instructor but my son is very shy so I don't know if he would have made it clear at that time how much he was hurting or not to be honest. He was definately very shook up when he returned home so I would expect, and i know we all have different values here, but i would think his instructor would have asked him if he were injured at all.

As for the car, yes it was damaged, the rear bumper and the light apparently as his instructor moaned about the car having to go for repairs to my son.

Spicy_McHaggis

Tilt wrote: »

Presumably then you would be aware that due to your son being injured, the accident should of been reported to the police within 24 hours by someone (probably by the other driver) and as such, you enquired to whether it had or not?

Irrespective of your response, I still would at least go to the police for advice due to the lack of cooperation by the instructor.

That someone is the third party.

Were then informed of the injury? If not how can he be expected to report something he didn't know has happened?

Spicy_McHaggis

restless6 wrote: »

He said he told the instructor but my son is very shy so I don't know if he would have made it clear at that time how much he was hurting or not to be honest. He was definately very shook up when he returned home so I would expect, and i know we all have different values here, but i would think his instructor would have asked him if he were injured at all.

As for the car, yes it was damaged, the rear bumper and the light apparently as his instructor moaned about the car having to go for repairs to my son.

Your son is entitled to the other drivers name and address, the owner of the vehicles name and address and as there was an injury to him the insurance details. That is under the road traffic act.

How he gets them I don't know unless he has the VRM of the car the police can't give them and I'm am struggling to see where they can make the driving instructor play ball.

My guess is, he's swept your sons injury under the carpet and done a cash deal with the other driver. He may not even still have his details.

As I said why not get the instructors insurance details, you'll get the company and policy number. Text or call him and say if he don't give your the information you'll call x insurance company and talk about the collisions on y date when your son was driving under a policy number. I bet he responds then.

Tilt

Spicy_McHaggis wrote: »

That someone is the third party.

Were then informed of the injury? If not how can he be expected to report something he didn't know has happened?

That's why I said; "Furthermore the other driver may also be obliged to report it if he was aware of the injury to the OP's son" in post#84.

Which is why a also asked the OP did she make any enquires to see if the other driver HAD reported it, a question she still hasn't answered.

Spicy_McHaggis

Tilt wrote: »

That's why I said; "Furthermore the other driver may also be obliged to report it if he was aware of the injury to the OP's son" in post#84.

Which is why a also asked the OP did she make any enquires to see if the other driver HAD reported it, a question she still hasn't answered.

Yeah but he's the only one obliged to report it.

personal injury is caused to a person other than the driver of that mechanically propelled vehicle

Section 170.

If he weren't aware of the injury he wouldn't know he needed to.

So the crux would be when was the instructor told about the injury?

At the time or on the way home.

atrixblue.-MFR-.

Spicy_McHaggis wrote: »

As I said put the instructors in and get your son to go through them.

heretohelp wrote: »

If he has not informed the insurance company probably does not want the son phoning them up and making a whiplash claim.

Spicy_McHaggis wrote: »

But the son can claim straight off the third party insurance and not the driving instructors. There is no need to call the instructors insurance.

this makes complete sense.


instructing OP to go get instructors reg and askmid it for £4. then here to help says the above, then you U turn to say there is no need to contact instructors insurance.


answer me this, if the OP son don't contact instructors insurance company for the other drivers details, then how are they supposed to claim off the third party insurers with no third party details?


your just posting things to suit your arguments aren't you!.


like your taking other peoples posts literally instead of using a bit if common sense to create an argument as and when it suits you, like my post, I say under his duty of care and supervision obligations HE IS to call an ambulance, you added it to be he MUST call an ambulance, and now its turned into a RTA obligation in your head where no one mentioned it being a RTA obligation in the first place.


you MUST be away with fairy's?

Tilt

Lets drop the legal argument crap now shall we? It's getting us (or the OP) no where.

We have now discovered that the OP has some experience in these matters due to her job. So presumably she will have some knowledge about exchanging details, injury claims etc following an accident. One would assume then that due to the "severity" of the whiplash injury to her son, she would of made certain enquiries to check that the matter had been reported adequately enough for her son to make a claim, especially as the instructor seems very "shy" on revealing his side of the story.

My first phone call would of been to the police to see if it had been reported by the other driver. I say this because I would of thought the insurers would be interested to whether the police are involved or not. The question is usually asked on the claim form.

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

this makes complete sense.


instructing OP to go get instructors reg and askmid it for £4. then here to help says the above, then you U turn to say there is no need to contact instructors insurance.


answer me this, if the OP son don't contact instructors insurance company for the other drivers details, then how are they supposed to claim off the third party insurers with no third party details?


your just posting things to suit your arguments aren't you!.


like your taking other peoples posts literally instead of using a bit if common sense to create an argument as and when it suits you, like my post, I say under his duty of care and supervision obligations HE IS to call an ambulance, you added it to be he MUST call an ambulance, and now its turned into a RTA obligation in your head where no one mentioned it being a RTA obligation in the first place.


you MUST be away with fairy's?

Firstly we don't know the insurance companies were involved. I suggested this to gain some compliance with the instructor.

But let's have it your way.

The instructors insurance aren't liable, the son isn't the policy holder, so why should they speak to him?

Stop trying to pick an argument and concentrate on assisting the OP.

Spicy_McHaggis

Tilt wrote: »

Lets drop the legal argument crap now shall we? It's getting us (or the OP) no where.

We have now discovered that the OP has some experience in these matters due to her job. So presumably she will have some knowledge about exchanging details, injury claims etc following an accident. One would assume then that due to the "severity" of the whiplash injury to her son, she would of made certain enquiries to check that the matter had been reported adequately enough for her son to make a claim, especially as the instructor seems very "shy" on revealing his side of the story.

My first phone call would of been to the police to see if it had been reported by the other driver. I say this because I would of thought the insurers would be interested to whether the police are involved or not. The question is usually asked on the claim form.

The thing is tilt this is wrapped up in legal crap.

Sound like the op works in a control room, probably Ambo so isn't experienced in this.

The first thing to establish is when the son informed the instructor of his injury.

The police is a long shot worth a go but, I'd try some pressure on the instructor first.

The insurance are more interested in whether they're liable. If the police didn't attend the scene then their report is useless.

esuhl

Spicy_McHaggis wrote: »

This isn't a police matter, if the driving school won't help.

Spicy_McHaggis wrote: »

Your son is entitled to the other drivers name and address, the owner of the vehicles name and address and as there was an injury to him the insurance details. That is under the road traffic act.

Why should the OP's son not report the matter and see if the police can help obtain the relevant insurance details, when there's an act of parliament that gives him the legal right to be provided with such details?!

Are you just making this up as you go?