RTC whilst on driving lesson

Car_54

Spicy_McHaggis wrote: »

Single vehicle accident with only that driver injured = no need for it to be reported to the police.

.

If the brick wall is damaged, and details aren't given at the scene, then it must be reported to the police. RTA 1988 section 170(1).

Spicy_McHaggis

Car_54 wrote: »

If the brick wall is damaged, and details aren't given at the scene, then it must be reported to the police. RTA 1988 section 170(1).

!!!!!! I know but put it in the context of injury.

What if the owner of the wall is present to get details? No need to report it to the police.

If a third party is injured there's a need to report it.

So back to the point where someone fool said they OPs son may need to explain why he didn't inform the police within 24 hours. He can safely say he had no legal requirement to do so!

Tilt

Spicy_McHaggis wrote: »

!!!!!! I know but put it in the context of injury.

What if the owner of the wall is present to get details? No need to report it to the police.

If a third party is injured there's a need to report it.

So back to the point where someone fool said they OPs son may need to explain why he didn't inform the police within 24 hours. He can safely say he had no legal requirement to do so!

Err that "fool" was me. Obviously you suffer from a bout of selective reading. To refresh your memory, this is what I actually said;

"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".

I have highlighted the bits which demonstrates that I didn't explicitly state that the OP/OP's were the ones who had an legal obligation to report the incident within 24 hours. You will also note that in my opinion, (note I have underlined the "in my opinion" bit) the instructor was the one who should of reported it. Furthermore the other driver may also be obliged to report it if he was aware of the injury to the OP's son.

Can I also point out that in a previous post, you stated "I'm not disputing an injury accident being a police matter" (post #38). You seem to have now shifted your own goal posts since then.

Now who's the fool?

Spicy_McHaggis

Tilt wrote: »

Err that "fool" was me. Obviously you suffer from a bout of selective reading. To refresh your memory, this is what I actually said;

"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".

I have highlighted the bits which demonstrates that I didn't explicitly state that the OP/OP's were the ones who had an legal obligation to report the incident within 24 hours. You will also note that in my opinion, (note I have underlined the "in my opinion" bit) the instructor was the one who should of reported it. Furthermore the other driver may also be obliged to report it if he was aware of the injury to the OP's son.

Can I also point out that in a previous post, you stated "I'm not disputing an injury accident being a police matter" (post #38). You seem to have now shifted your own goal posts since then.

Now who's the fool?

No, it's the other driver who's had the reportable injury collision, not the instructor or the OPs son.

If you disagree then explain why the instructor has a duty to report anything when he was not driving.

Why don't you PM your traffic buddy?

Tilt

Spicy_McHaggis wrote: »

No, it's the other driver who's had the reportable injury collision, not the instructor or the OPs son.

If you disagree then explain why the instructor has a duty to report anything when he was not driving.

Why don't you PM your traffic buddy?

Lets take a stab in the dark. Maybe because the instructor was supervising the driver which I would think technically makes him (at some degree at least) in charge of the vehicle?

But as far as I know (note I have underlined the "as far as I know" bit) when an ambulance is requested to attend a RTC, the police are routinely informed about the RTC by the ambulance control. Thus meaning as long as an ambulance is called, it matters not WHO calls the police as they will normally attend.

Must admit though, I can't recall the OP saying that an ambulance was called for in this incident.

I won't call my "traffic buddy" as he maybe on a more important call.

Oh... what happened about your comment in post #38?

atrixblue.-MFR-.

Spicy_McHaggis wrote: »

No, it's the other driver who's had the reportable injury collision, not the instructor or the OPs son.

If you disagree then explain why the instructor has a duty to report anything when he was not driving.

Why don't you PM your traffic buddy?

I already answered that, because:


A.the driving instructor is operating a business, he is not a some Joe random having a lift off a mate.


B. he has a "DUTY OF CARE AND SUPERVISION" to his pupil set out under their liability insurance and if franchised instructor his terms and conditions set out within his franchise contract. basically he is deemed to be the operative in control of the vehicle and thus all the RTA and his duty of care and supervision and green card conditions and main policy holder of vehicle insurance terms and conditions take effect whilst he has a pupil driving.

Spicy_McHaggis

atrixblue.-MFR-. wrote: »

I already answered that, because:


A.the driving instructor is operating a business, he is not a some Joe random having a lift off a mate.


B. he has a "DUTY OF CARE AND SUPERVISION" to his pupil set out under their liability insurance and if franchised instructor his terms and conditions set out within his franchise contract. basically he is deemed to be the operative in control of the vehicle and thus all the RTA and his duty of care and supervision and green card conditions and main policy holder of vehicle insurance terms and conditions take effect whilst he has a pupil driving.

Link to the road traffic act if you can please.

Just to show you're not making it up as you go along.

restless6

Tilt wrote: »

Lets take a stab in the dark. Maybe because the instructor was supervising the driver which I would think technically makes him (at some degree at least) in charge of the vehicle?

But as far as I know (note I have underlined the "as far as I know" bit) when an ambulance is requested to attend a RTC, the police are routinely informed about the RTC by the ambulance control. Thus meaning as long as an ambulance is called, it matters not WHO calls the police as they will normally attend.

Must admit though, I can't recall the OP saying that an ambulance was called for in this incident.

I won't call my "traffic buddy" as he maybe on a more important call.

Oh... what happened about your comment in post #38?

well, my thread is still going! Thanks for all the input, it is very helpful.

One thing I can helpl you with, where I live anyway, is that when an ambulance is requested for an RTC then yes the police are routinely called. This is my job, so I can be certain that is the case. Whereas is police are requested, ambulance will only be informed if an injury of reported too.
However, in my sons case, no emergency services were requested.

Spicy_McHaggis

restless6 wrote: »

well, my thread is still going! Thanks for all the input, it is very helpful.

One thing I can helpl you with, where I live anyway, is that when an ambulance is requested for an RTC then yes the police are routinely called. This is my job, so I can be certain that is the case. Where is police are requested, ambulance will only be informed if an injury of reported too.
However, in my sons case, no emergency services were requested.

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?

Tilt

restless6 wrote: »

well, my thread is still going! Thanks for all the input, it is very helpful.

One thing I can helpl you with, where I live anyway, is that when an ambulance is requested for an RTC then yes the police are routinely called. This is my job, so I can be certain that is the case. Whereas is police are requested, ambulance will only be informed if an injury of reported too.
However, in my sons case, no emergency services were requested.

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.