Leaving the scene of an accident. Advice please

[XM5ER]

Just had a numpty in an RMC van back into me in a petrol station and then drive off. Got the numberplate and have spoken to RMCs transport manager, the question is, should I advise the police?

Admitedly there is very little damage (that I can see right now) but it really pissed me off that he just thought it was okay to drive off even though he had no idea if he had done any damage. Dopey pillock.

[puggit]

Yes

a) A crime has been committed (not stopping) b) Teach him the error of his ways

[Leadfoot]

Try to get the petrol station manager to keep hold of the cctv tape as well. Nice bit of evidence to back you up.

[streaky]

Does the fact that this took place on private land (ie. the petrol station) not negate the requirment to remain at the scene/exchange details?

[Leadfoot]

but the "private land to which the public has access etc etc" bit means that the RTA still applies?

[XM5ER]

Called to Police station, and will pop down tomorrow if I dont get any joy out of RMC (and to cover my back). Thanks for the advice.


>> Edited by XM5ER on Thursday 18th December 16:49

[Dwight VanDriver]

Would submit the Petrol Station forecourt could be, and most likely is, private property and not a "road' for the purposes of Road Traffic Act requirements for stop/report. This is dependent on position, use and who owner allows onto site.

If you can prove negligence then it would appear an action to recover you damages by action through Small Claims Court taken by yourself.

DVD

[Davel]

agree with Leadfoot.

Would be nice to see video tape working in your favour for a change!

They may be able to transfer it to a copy for you.

[tonyrec]

A Petrol Stn forecourt is covered by the Road Traffic Act of '88.

A place to which the public have access whether on payment or otherwise etc etc.

[rospa]

A few years ago a mate had his car reversed into on a pub car park. The police would not under any circumstances do anything about it!!

Are pub car parks a 'special case'?

[tonyrec]

rospa said:

A few years ago a mate had his car reversed into on a pub car park. The police would not under any circumstances do anything about it!! Are pub car parks a 'special case'?

If the pub is open then its not a problem, also dependant on whether or not there is a barrier etc.

[silverback mike]

rospa said:

A few years ago a mate had his car reversed into on a pub car park. The police would not under any circumstances do anything about it!! Are pub car parks a 'special case'?

Expanding tony's response, Yes, it probably was the case, however the road traffic act was changed to incorporate where public may have right of access.
So now, pub car parks are in... and as Tony says, if the barrier is up, then it is an RTA.

>> Edited by silverback mike on Thursday 18th December 20:09

[Roadrage]

silverback mike said:

rospa said: A few years ago a mate had his car reversed into on a pub car park. The police would not under any circumstances do anything about it!! Are pub car parks a 'special case'? Expanding tony's response, Yes, it probably was the case, however the road traffic act was changed to incorporate where public may have right of access. So now, pub car parks are in... and as Tony says, if the barrier is up, then it is an RTA. >> Edited by silverback mike on Thursday 18th December 20:09

was there not a test case or some thing a while back that made car parks classed as road or some thing if the had road marking and lines painted.

cant remember the detail but something alone them lines.


>> Edited by Roadrage on Thursday 18th December 22:38

[SGirl]

Someone ran into my Rover and refused to exchange details a few months back (Tam Lin was driving and she was scared to even open the window a fraction?!).

She ended up with a Failing to Stop but luckily for her she didn't do much damage to the car so we just submitted the info and police reference number to the insurance company in case she claimed later on. So all bases were covered in case she decided her lovely Volkswagen needed fixing on my insurance policy! Which she didn't. Which was nice.

[scaff]

A lad and his mates in a Focus ran into the side of my Celica when I was parking at the Cinema. They left the scene without exchanging details (honestly think it was his dads car and he did not want to have to explain how he tried to fit the car through a gap half the width needed).

Local BiB were more than happy to take details and my insurance company was happy to take the incident number and process the claim.

[XM5ER]

I've heared nothing from RMC so I shall be toddling off to the local nick shortly.

Tescos are sorting through their tapes as we type.

[Dwight VanDriver]

tonyrec said:

A Petrol Stn forecourt is covered by the Road Traffic Act of '88. A place to which the public have access whether on payment or otherwise etc etc.

Check this please Tony.

S 192 RTA 88 defines road as meaning any highway and any other road to which the public have access.Period.

RTA 88 added "public place" to road in respect of drink drive and then 91 Act brought in the same for due care etc but did not add "public place" after road to S 170 RTA 88 (reporting accidents)or to the definition of road at S 192.

The crux in this is the public access part which is a question of fact. If a restricted section has access to a road that is not enough to make it a road. Blackmore v CC Devon and Cornwall 1984. Equate this with the Filling Station. Does the owner openly allow anybody access. If so then it probably is a road, if he doesn't and expects only those wanting juice then probably not.

Very contentious and probably at the end of the day up to the Beaks to decide which is why I said in my original post, maybe yes, maybe no.

See also Clarke v Kato 1996 and Cutter v Eagle Star Insurance Co Ltd 1996 if you are in the job. Road could have been resolved in 1991 Act without argument but it wasn't.

DVD

[gasman]

Does this also mean that when Mum taught me to drive on Tesco's car park on Sundays when I was 16 (when super markets were closed on sundays). I was breaking the law by driving uder age?