Question???
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delboy735

Original Poster:

1,656 posts

233 months

Tuesday 6th November 2007
quotequote all
HI, it's me again, the one with the troublesome kids.

No 1 son this time( again ).

He works for a local building firm.Boss rings up his working partner to ask who was driving the works van about a month ago.......gave street name etc, his working partner syas who had been driving and asks why? Boss says, recieved NIP for "careless driving".

Son racks his brain, then remembers, he thought that they had clipped a mirror on another van round about that date. They had checked their van, no damage whatsoever, not even cracked glass, so assumed no "no damage" done to other vehicle. He says, was only doing approx 15MPH, because he had to move closer to parked cars, because a Lorry was coming towards him on a section of road where parking is common outside local village shop, so he moved away from the faster moving lorry!

They both heard the "clip", and checked the mirrors, seeing no damage, and noticing the Yellow van they had just passed had no person sat in it, they continued on oblivious to any wrong doing.

Anyway, I waffle, so the point is this, Why would the police be involved, and not the insurance companies. If someone saw, and took down the reg number of the van, and the name of the building firm, surely, you would phone the building firm, and say ( if this was the case) one of your vans has just smashed my mirror, so are you prepared to replace it? Most companies would accept the blame, pay up, and bill the appropriate driver wouldn't they?? How , or why would the Bib be involved?

Asking this, because my son has now been driving for 15 months, and looks certain to get 3points for speeding, so he is worried that he may now lose his licence for something he isn't aware of, and also for something that he says, had his boss asked him to pay for, he would have done so without question ( yes, he is that honest )(unlike me!!)

Help! . Del

TPS

1,860 posts

244 months

Tuesday 6th November 2007
quotequote all
delboy735 said:
Boss says, recieved NIP for "careless driving".

Son racks his brain, then remembers, he thought that they had clipped a mirror on another van round about that date. They had checked their van, no damage whatsoever
They both heard the "clip", and checked the mirrors, seeing no damage.
At this point they should have checked the other vehicles for damage.You have said they both heard the clip of mirrors so in reality they knew they had hit something.

delboy735 said:
Why would the police be involved, and not the insurance companies.
Failing to stop and report will lead to police involvement.

delboy735

Original Poster:

1,656 posts

233 months

Tuesday 6th November 2007
quotequote all
Last time I was involved in an accident, I called the police, only for them to say " was anyone hurt, if not, go away, it's for the insurance companies to sort out" Mind you, that was 20 years ago!!

delboy735

Original Poster:

1,656 posts

233 months

Tuesday 6th November 2007
quotequote all
The other person with my son has been driving for 30 years blemish free, and said, that the other vans mirror hadn't even folded back!! Initially my son thought that his side mirror had caught the lorry, but again, his mirror didn't even move on "impact". they were going between 10/15 MPH, as they had just moved off from a roundabout!
Not that that has anything to do with it!!

TPS

1,860 posts

244 months

Tuesday 6th November 2007
quotequote all
delboy735 said:
Last time I was involved in an accident, I called the police, only for them to say " was anyone hurt, if not, go away, it's for the insurance companies to sort out" Mind you, that was 20 years ago!!
To comply with sec170 you must exchange details if you are involved in an rtc.By not stopping or reporting the rtc to the police they failed to comply.Therefore the police have now got involved.

WildCat

8,369 posts

274 months

Tuesday 6th November 2007
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TPS said:
delboy735 said:
Last time I was involved in an accident, I called the police, only for them to say " was anyone hurt, if not, go away, it's for the insurance companies to sort out" Mind you, that was 20 years ago!!
To comply with sec170 you must exchange details if you are involved in an rtc.By not stopping or reporting the rtc to the police they failed to comply.Therefore the police have now got involved.
True. We had one thread by one lovely young man. He failed to stop but he felt threatened by the other parties. He nice young man und he post on here. I felt so sorry for him. He felt menaced at the time...he panicked .. he so young at the time too. He got done for failing to report incident und stopping to exchange details even though he report to police station asap within the 24 hours here. banghead as I recall from the long thread.

Ja .. if no one hurt .. police not respond. You just exchange the details to sort amicably. If you each disagree .. insurers will try to go partial liability und may go to court over it all if each party adamant that the other to blame - whereupon it depend on what a judge decide to believe on day .. or rather how well each party und their lawyers respond und argue on the day in court wink Felines are by nature "curious" laugh I ask the nosey questions wink from anyone I know in such predicament wink

But you certainly going through a rough patch with your kittens here. It must feel like you are touching on rock bottom here. There only one way to go though.. UP. You all emerge the stronger und I know your boys will each appreciate their Papa's love und concerns for them too.

Best of luck und love.


anonymous-user

85 months

Tuesday 6th November 2007
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delboy735 said:
the other vans mirror hadn't even folded back!!
That could suggest that it's more likely to be damaged. If it didn't snap backwards then more of the impact is taken by the mirror itself so it would be more likely to break.

In any case he should have stopped, got out and checked the other vehicle to see if there was any damage. Unfortunately he hasn't got a leg to stand on. Even if it's a dodgy claim, had he stopped and seen that there was no damage he could have argued his case, but he didn't.

In the eyes of the law, if owing to the presence of a vehicle on a road, damage is caused to any other vehicle then you must stop and either exchange details or make reasonable steps to find the owner if the damaged vehicle is not accompanied. This is usually done by reporting it to the police as soon as reasonably practicable. While in theory you should drive immediately to the nearest police station a time limit of 24 hours is usually considered reasonable.

I'm sorry if I sound cynical but it looks as though your son has driven off in the hope that no-one would notice. I'm not saying that he has but it happens so often that any court are likely to take the same view.

Best of luck with it.

tigger1

8,478 posts

252 months

Tuesday 6th November 2007
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Yellabowley said:
delboy735 said:
the other vans mirror hadn't even folded back!!
That could suggest that it's more likely to be damaged. If it didn't snap backwards then more of the impact is taken by the mirror itself so it would be more likely to break.

In any case he should have stopped, got out and checked the other vehicle to see if there was any damage. Unfortunately he hasn't got a leg to stand on. Even if it's a dodgy claim, had he stopped and seen that there was no damage he could have argued his case, but he didn't.

In the eyes of the law, if owing to the presence of a vehicle on a road, damage is caused to any other vehicle then you must stop and either exchange details or make reasonable steps to find the owner if the damaged vehicle is not accompanied. This is usually done by reporting it to the police as soon as reasonably practicable. While in theory you should drive immediately to the nearest police station a time limit of 24 hours is usually considered reasonable.

I'm sorry if I sound cynical but it looks as though your son has driven off in the hope that no-one would notice. I'm not saying that he has but it happens so often that any court are likely to take the same view.

Best of luck with it.
Without wanting to worry the OP (I'm a realist) - I know somebody who was banned for 12 months shortly after passing her test for doing similar to this. Moving out of a tight space in front of parents home, clipped car behind, VERY minor damage - but didn't realise, and drove off. Neighbour saw it, reported it - without knowing who it was. Police investigated.

She got bum-raped on insurance after too.

Is it possible that your lad parked further on, around the corner. Came back for a look and saw no damage to the vehicle he thought he may have hit, and saw no damage so continued on his way? Obviously he MUST NOT LIE...but it could have happened like that - I do not know.