Accident Details

24

Comments

  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    eskbanker said:
    Section 170 of the Road Traffic Act 1988 mandates this where there's damage or injury:

    (2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

    (3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

    (4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

    https://www.legislation.gov.uk/ukpga/1988/52/section/170
    Hi

    So in plain English can you or anyone else please confirm that if in an accident, you felt vulnerable/etc and did not feel safe giving your address but gave your phone/email/insurance cos name etc and then you went to the cop shop or rang A-sap, is that acceptable? That's my take on it but I may be wrong

    Thanks


  • m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
    Hi

    You are correct re traffic act but in reality, most people, dont have docs on them we never do, ie me, wife kids and people we know. Having said that many are using apps but I dont think cops will ticket you for not having your docs on you.

    Thnaks
  • Car_54
    Car_54 Posts: 8,784 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    You can't be given a producer if there is no police attendance!

    The law is actually quite clear. In the event of injury, the driver must show his certificate "(a)to a constable, or( b)to some person who, having reasonable grounds for so doing, has required him to produce it,"

    Failing that, he must report the accident and present the cert to the police "as soon as is reasonably practicable and, in any case, within twenty-four hours."

  • Car_54
    Car_54 Posts: 8,784 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    eskbanker said:
    Section 170 of the Road Traffic Act 1988 mandates this where there's damage or injury:

    (2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

    (3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

    (4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

    https://www.legislation.gov.uk/ukpga/1988/52/section/170
    Hi

    So in plain English can you or anyone else please confirm that if in an accident, you felt vulnerable/etc and did not feel safe giving your address but gave your phone/email/insurance cos name etc and then you went to the cop shop or rang A-sap, is that acceptable? That's my take on it but I may be wrong

    Thanks


    It is not acceptable. Failure to give your details is an offence . [Road Traffic Act 1988, s. 170(4).]
  • m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
    Hi

    You are correct re traffic act but in reality, most people, dont have docs on them we never do, ie me, wife kids and people we know. Having said that many are using apps but I dont think cops will ticket you for not having your docs on you.

    Thnaks
    Did you even read the post you quoted?
  • Aretnap
    Aretnap Posts: 5,704 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eskbanker said:
    Section 170 of the Road Traffic Act 1988 mandates this where there's damage or injury:

    (2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

    (3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

    (4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

    https://www.legislation.gov.uk/ukpga/1988/52/section/170
    So in plain English can you or anyone else please confirm that if in an accident, you felt vulnerable/etc and did not feel safe giving your address but gave your phone/email/insurance cos name etc and then you went to the cop shop or rang A-sap, is that acceptable? That's my take on it but I may be wrong

    You *might* have a defence to failure to give details if the other driver is physically or verbally threatening and you reasonably fear for your safety. I'm not aware of any case law either way, but at least one firm of solicitors seems to think that there.s a defence there.

    https://www.roadtrafficlaw.com/services/failure-to-stop-failure-to-report-an-accident

    You would have to have a good reason to fear for your safety, however. "I just don't feel comfortable giving my details to a random stranger" is not going to cut it, given that the law explicitly requires you to give your details to a random stranger in that situation.
  • m0bov
    m0bov Posts: 2,671 Forumite
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    m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
    Taken from the .gov website 

    "If a police officer asks you to, you must be able to show:

    • your driving licence
    • a valid insurance certificate
    • a valid MOT certificate (if your vehicle needs one)

    If you don’t have the documents with you at the time, you may be asked to take them to a police station within 7 days."


    So, a random driver doesn't need to see them. If an officer needs them, they check the NIB or you get 7 days.



  • Car_54
    Car_54 Posts: 8,784 Forumite
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    edited 23 January 2023 at 6:30PM
    m0bov said:
    m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
    Taken from the .gov website 

    "If a police officer asks you to, you must be able to show:

    • your driving licence
    • a valid insurance certificate
    • a valid MOT certificate (if your vehicle needs one)

    If you don’t have the documents with you at the time, you may be asked to take them to a police station within 7 days."


    So, a random driver doesn't need to see them. If an officer needs them, they check the NIB or you get 7 days.

    That is correct as far as it goes.
    However, we were not discussing a police officer, or indeed "a random driver".
    The original question was about providing details to a driver involved in an accident. If anyone was injured, "any person having reasonable grounds" is entitled to see your certificate. If you can't produce it, you can indeed take it to a police station within seven days. However, in those circumstances you must also report the accident to the police ASAP, and in any case within 24 hours.
  • m0bov said:
    m0bov said:
    chrisw said:
    Car_54 said:
    In addition to the above, you must produce your insurance certificate if anyone is injured. There is no need for insurance details otherwise.
    How do you do that at the roadside? It would take me a while trawling through my laptop at home to find who I am insured with, never mind dig out the certificate.
    The law was written at a time when people carried their documents. Technically you still should. 
    There has never been this law. You are given a producer, you do not need to carry any documents with you.
    The Road Traffic Act will disagree with you, you commit an offence when you fail to produce on demand. Producing them within 7 days gives you a defence. 
    Taken from the .gov website 

    "If a police officer asks you to, you must be able to show:

    • your driving licence
    • a valid insurance certificate
    • a valid MOT certificate (if your vehicle needs one)

    If you don’t have the documents with you at the time, you may be asked to take them to a police station within 7 days."


    So, a random driver doesn't need to see them. If an officer needs them, they check the NIB or you get 7 days.



    I don’t know what your point is but there is legislation to cover that. 
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