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Car Accident caused by a Local Council Dustbin Lorry

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    a.turner wrote: »
    Section 170.
    https://www.legislation.gov.uk/ukpga/1988/52/section/170
    170 Duty of driver to stop, report accident and give information or documents.
    (1)This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—
    (a)personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
    (b)damage is caused—
    (i)to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle
    ...
    So you're relying on "owing to the presence of" the bin wagon in the reporting section to establish that the wagon was definitely involved?

    Hmm. It's tenuous. By that logic, if somebody swings out to overtake a parked car and hits a car coming the other way, the keeper of the parked car is involved and needs to provide their details, too.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    AdrianC wrote: »
    https://www.legislation.gov.uk/ukpga/1988/52/section/170


    So you're relying on "owing to the presence of" the bin wagon in the reporting section to establish that the wagon was definitely involved?

    Hmm. It's tenuous. By that logic, if somebody swings out to overtake a parked car and hits a car coming the other way, the keeper of the parked car is involved and needs to provide their details, too.

    It's not tenuous if the bin lorry hadn't reversed nor would the OP's mum.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    ...which is merely opinion from somebody who admits to panicking, their passengers (related parties), and somebody whose view was obscured by the car that promptly reversed into theirs.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    a.turner wrote: »
    It's not tenuous if the bin lorry hadn't reversed nor would the OP's mum.

    Why would the OP's Mum be so close to the refuse wagon?
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    AdrianC wrote: »
    ...which is merely opinion from somebody who admits to panicking, their passengers (related parties), and somebody whose view was obscured by the car that promptly reversed into theirs.

    Either the bin lorry reversed or it didn't. Opinion doesn't matter would that driver have reversed if it hadn't?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Nobody's suggesting it didn't reverse.
    That, alone, does not mean it was involved in the collision.

    Equally, nobody's suggesting there was any physical contact with the OP's mum's car.
    So - the question is when a vehicle that's merely in the vicinity becomes "involved" in somebody else's collision caused by a panicked over-reaction.

    Hence drawing a parallel with a parked car being overtaken. Would you suggest the keeper of that parked car is "involved"?
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    AdrianC wrote: »
    Nobody's suggesting it didn't reverse.
    That, alone, does not mean it was involved in the collision.

    Equally, nobody's suggesting there was any physical contact with the OP's mum's car.
    So - the question is when a vehicle that's merely in the vicinity becomes "involved" in somebody else's collision caused by a panicked over-reaction.

    Hence drawing a parallel with a parked car being overtaken. Would you suggest the keeper of that parked car is "involved"?

    Show me where in Section 170 the vehicle must make contact with another vehicle to be involved and I'll be happy to be corrected.

    By your logic you could run someone off the road and as long as you don't make contact with them you're not involved.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    a.turner wrote: »
    Show me where in Section 170 the vehicle must make contact with another vehicle to be involved and I'll be happy to be corrected.
    So the parked car being overtaken...?
    By your logic you could run someone off the road and as long as you don't make contact with them you're not involved.
    As far as the insurance is concerned, that's correct. The police may well be interested from the point of view of DWDC&A, but that's a very different question. There's no suggestion of that here.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    a.turner wrote: »
    Show me where in Section 170 the vehicle must make contact with another vehicle to be involved and I'll be happy to be corrected.

    By your logic you could run someone off the road and as long as you don't make contact with them you're not involved.

    How do you run them off the road without making contact?
    There has to be a definitive to being involved .
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    AdrianC wrote: »
    So the parked car being overtaken...?


    As far as the insurance is concerned, that's correct. The police may well be interested from the point of view of DWDC&A, but that's a very different question. There's no suggestion of that here.

    Says who?

    And the police would record it as a non stop accident if they were going to investigate due care.
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