Accident Responsibilities

[jezzaaa]

Hi there chaps,

A question for our resident BiBs please!!

You have a road accident with another car. Fairly serious damage but no injuries. I'm assuming that there is no need to call the Police when there are no injuries?? If so, having swapped details with the other party/s are you free to leave the scene, even if the other party/s have called the police and have asked you to stay? Can they compell you to stay?

Cheers all,
J.

[Dwight VanDriver]

jezzaaa said:

Hi there chaps, A question for our resident BiBs please!! You have a road accident with another car. Fairly serious damage but no injuries. I'm assuming that there is no need to call the Police when there are no injuries?? If so, having swapped details with the other party/s are you free to leave the scene, even if the other party/s have called the police and have asked you to stay? Can they compell you to stay? Cheers all, J.

[S 170 RTA 1988]

The only obligation to involve the Police in Road accidents (sorry the in word these days is road collisions) is where having STOPPED,

(Damage Only):
you do not give, to any person having reasonable grounds,

the name and address of driver (address can be of solititor)and
name and address of the OWNER (which could be other than the Reg Keeper)and
the Reg mark of the vehicle.

(Injury accident):

as above AND ALSO produce a Certificate of Insurance or security.

If not done then must report to Police as soon as reasonably practicable and in any case before 24 hours have elapsed. (Note REPORT not phone)

Having given details all round and complied there is no requirement AT LAW to remain at the scene.

So Des Arster is driving merrily along when he is umped (not his fault) by Lynne C Doyle in another car and she sustains fatal injuries.Damage only to cars none to property. Des stops, writes the particulars required above and pins his Certificate of Insurance to the body of Miss Lynne. He then drives off.
What offence at law?

As to driver compelling other to stay at the scene. ONLY :

if he has reasonable grounds for suspecting that an indictable offence has been committed by the other (eg. TWOC, Drive Disq (Scotland),cause death by dangerous, dangerous driving)

AND

to stop that person making off before a PC can assume responsibility for him.

(CITIZENS ARREST - S.111 SOCPA 2005)


DVD

[jezzaaa]

DVD - you're a star, thankyou. I'll pass it on.

Cheers,
J.

[7db]

Notice there there is no requirement to stop if no damage is caused. (But you need to be sure no damage is caused). My favourite crime of touch parking can live here.

"Injury" can be to anyone (or a series of animals:- dog, sheep, mule, horse, etc) other than the offending driver (or his passengers?) for the requirement to produce insurance to apply (a requirement that in practice will usually require reporting to police).

Is there a difference in reporting requirements between damage to another car and damage to property (eg road furniture)?


In DVDs example above, offence not to report the death of a person?

[Dwight VanDriver]

>>>>>Is there a difference in reporting requirements between damage to another car and damage to property (eg road furniture)? <<<<<<

No. ...damage caused to ANY other property constructed on, fixed to,growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land. If details not given then has to be reported. (170 (1)(b)(iii) RTA 88

>>>>Injury" can be to anyone (or a series of animals:- dog, sheep, mule, horse, etc) other than the offending driver (or his passengers?) for the requirement to produce insurance to apply (a requirement that in practice will usually require reporting to police).
<<<<<<<

The requirement on Insurance details only applies where there is personal injury to a person. Not required if animal hurt. (S170 (1)(a) and (5) RTA 88)

>>>>>In DVDs example above, offence not to report the death of a person? <<<<<<<<

Is it not the n of k responsibility to report by registering the death and not any other preson involved in a road collision?.

DVD



>> Edited by Dwight VanDriver on Friday 19th August 14:33

[7db]

If he was her employer, then violent/unexpected death has to be reported under health and safety. But that's a long shot.

If she is fatally injured, but not dead, he may have a duty of care to report and call for help. But I'm not sure if this is legally enforceable. I'm not sure that she's legally dead until a doctor says so in any case.

Pinning the certificate could constitute an assault.

Death will need to be investigated by a coroner (violent, unexpected), and he may have a common law requirement to report that as an involved person.


I think we could get one of those to stick...

(BTW - thought anything nearby was property - was just confused by your "damage to cars only, not property" clause)

[7db]

DVD - please put me out of my misery.

[Dwight VanDriver]

You've lost me D.

But always willing to help

BANG

dvd

[7db]

What offence did DesAster commit in your example?

[Dwight VanDriver]

None.

dvd