RTC whilst on driving lesson

Spicy_McHaggis

Tilt wrote: »

I seriously think you should go to the police. They may give you a lecture about reporting it within 24 hours BUT in my opinion, that's the instructor's responsibility. You could argue that your son is not yet a qualified driver and as such is unaware of this kind of process.

Shall I help you out here?

Not being a qualified driver isn't a defence, unless you can show me it exempts provisional licence holders.

Unless the third party was injured the son has no duty to report the crash within 24 hours or at all. The law saw other than to the driver of the vehicle.

This basically means drive your car into a brick wall and break your leg, it's not a reportable accident.

DUTR

atrixblue.-MFR-. wrote: »

Some of the replies here could have been a bit more polite rather than a spiteful dig at the OP.

Any replies do not have to be wrapped in cotton wool, there is the relationship board for empathy replies.

OP your son acquired legal capacity on his 16th birthday, thus they the people whom you speak to about this I.E solicitors driving school ETC do not have to speak with you, UNLESS your son expressly gives you permission via phone or a signed letter detailing you as his agent to act on behalf of.

I agree, said that in fewer words but there is no harm in the same message posted more than once.
I know its frustrating for you as a more experienced mature person than your son you feel the persons thats dealing with the case may take advantage of this and wish to step in.


EVERY PERSON who has daughter, son, adopted child, step child ETC will want and will do the same in the same situation.
MSE has become a pick on you forum as you have discovered, some are here just to take gratification in taking the "P" out of your misfortunes, these people just add to your ignore list and move on to the helpful replies don't quote them they will soon go away.

I have seen that many times, usually it's the ones that run an ignore list that soon go away, the replies people do not like, they simple click on the next reply until they see one they do like. After all the replies are often just opinions.
As for the driving school, I would make sure they are registered.


Some driving schools are more organized and prepared when it comes to an accident, they have incident report forms where (in the event of an accident) the third parties details are entered onto the form and everyone elses involved, the location, the instructors registration number, the vehicle registration numbers and a brief description of what happened, both instructor and pupil retains a copy for future reference.


Its standard practice to not allow pupil to handle the incident, the vehicles main policy holder and instructor does this through their training and may also be a condition on their insurance to do so.
Their put in the passenger seat because a pupil maybe in shock form what has happened and thus retake control over vehicle to prevent the pupil whilst in shock from operating the vehicle by mistake and flustered and in shock state cause more damage or harm.


If injury is reported to the instructor at roadside he is to call ambulance and police, the instructor has a duty of care to ensure the safety of his pupil immediately after an accident and events after, if the pupil is fine, he is to notify next of kin they have been involved in an accident and either ask to collect him or her (if the vehicle is damaged and not moveable and recovery is on rout for the vehicle) or drop off and notify next of kin as a precaution to look for signs of whiplash and to get medical treatment if signs such appear.


EDIT: this is not a police matter! this is a civil dispute, OP has two options, go to the instructors place of residence and ask at the door or driving center for these details, OR tell your solicitor the registration mark of the instructors vehicle and get them to do their job in tracing the insurers and making the legal requests for the thirdpartys insurance.

Also when the OP's son finally passes his test and takes out his own policy, he may have to disclose the incident when submitting his insurance request.

esuhl

Spicy_McHaggis wrote: »

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

How can the police make the driving school give another drivers insurance details to them?

Why would the police try to do that, when they can simply check the vehicle insurance database?!

Of course it's a police matter if you're injured in a car accident and aren't provided with insurance details!

Retrogamer

DUTR wrote: »

Also when the OP's son finally passes his test and takes out his own policy, he may have to disclose the incident when submitting his insurance request.

He most certainly will.

When they ask "have you been involved in an accident or claim within the last 5 years, regardless of blame" he will have to answer yes.

Depending on the insurance company, it might not increase his premiums though.

Tilt

Spicy_McHaggis wrote: »

Shall I help you out here?

Not being a qualified driver isn't a defence, unless you can show me it exempts provisional licence holders.

That's why I said you COULD argue. I didn't definitely say it would provide a good excuse.

Spicy_McHaggis wrote: »

Unless the third party was injured the son has no duty to report the crash within 24 hours or at all. The law saw other than to the driver of the vehicle.

Don't recall saying that the son should of reported it. But someone should of done as there was an injury involved. Maybe the other driver did then?

Spicy_McHaggis wrote: »

This basically means drive your car into a brick wall and break your leg, it's not a reportable accident.

I think your example is flawed as you would be damaging someone's property (brick wall) which would make it reportable.

atrixblue.-MFR-.

OP reporting an injury months after the fact and you are now experiencing problems in getting details from either party is not going to suddenly make it a police incident where they will get involved now.


I think the matter is simple the OP gets the instructors registration number hands it to their solicitor who can then follow up with Askmid search (the fee's for this will come out of the court fee and expenses award the solicitor will receive or direct form insurers).


OP's son can try and "use" the police as a "tool" to gain this info but i think the police will shut the door on it.


there some leeway on delayed injuries the police will record it after the fact I.E 24 - 48 hours but months later is taking the "P" to be honest as there is clearly an alternative motive behind the report.

espresso

restless6 wrote: »

Yes he sought medical attention at our local surgery and was given painkillers.
He fortunately had the accident just before half term so didnt miss any school but he did have to miss his swimming and a few social engagaments, whether that matters to anyone i dont know! But he couldnt move his head around properly for a while as it hurt too much as did his shoulder and upper back area.

Would your son have jumped onto the compensation bandwagon if you had not suggested this to him?

Do you really think that a stiff neck for a few days justifies a compensation claim, if so how much should he get and how have you arrived at this figure?

Do you not think that our insurance premiums are high enough already, without claims like this?

Tilt

espresso wrote: »

Would your son have jumped onto the compensation bandwagon if you had not suggested this to him?

Do you really think that a stiff neck for a few days justifies a compensation claim, if so how much should he get and how have you arrived at this figure?

Do you not think that our insurance premiums are high enough already, without claims like this?

Bit judgemental don't you think? You have no way of knowing whether the son's injury is "genuine" or not?

atrixblue.-MFR-.

DUTR wrote: »

Also when the OP's son finally passes his test and takes out his own policy, he may have to disclose the incident when submitting his insurance request.

"Any replies do not have to be wrapped in cotton wool, there is the relationship board for empathy replies."
My reply was polite not empathy or compassion, I was not telling OP "ohh poor your son, and poor you for having to deal with this I know exactly how you feel" I was being polite in response compared to others.


empathy and compassion is not limited to a single forum board either, it doesn't hurt to extend it to other area's of life not just the a single internet sub forum - just saying in general.


perhaps this way of thinking of the forums is MSE's downfall.

restless6

espresso wrote: »

Would your son have jumped onto the compensation bandwagon if you had not suggested this to him?

Do you really think that a stiff neck for a few days justifies a compensation claim, if so how much should he get and how have you arrived at this figure?

Do you not think that our insurance premiums are high enough already, without claims like this?

Firstly, you are assuming that i suggested this to him ?!

Secondly, you are assuming he had a stiff neck for a few days.

Thirdly, you assume i have a figure in mind as to what he should be claiming for.

You make an awful lot of assumptions don't you!

Fourthly, yes i agree that insurance claims are high. Do claims like this influence that ? quite possibly, but they were high many years ago before the compensation culture anyway.