prelude plough ;)

[Donald]

Can't hurt to see a solicitor I suppose.

You can make a request under the freedom of information act, and don't worry the police are NOT exempt from this.

I would see if you can get a detailed accident report, this sort of thing should have been filed by the attending officers, any information that has failed to have been recorded but should have been... well that should make any case easy.

https://www.gov.uk/make-a-freedom-of-in ... mation-act

[Donald]

Forgot to add:

You can use that to get the other driver details too.

[Danni22]

Can't hurt to see a solicitor I suppose.

You can make a request under the freedom of information act, and don't worry the police are NOT exempt from this.

I would see if you can get a detailed accident report, this sort of thing should have been filed by the attending officers, any information that has failed to have been recorded but should have been... well that should make any case easy.

https://www.gov.uk/make-a-freedom-of-in ... mation-act

There was no incident report as such. He had put down there there where no injuries, we had his details and no police action was needed.

He lied through his teeth granted I was walking wounded but I was in a lot of pain and they couldn't care less!

All of this is because he was friends with the bloke who hit us

[FrontBackSide2Side]

try going to citizens advice mate. they may be able to help or may not be able to, either way its free

[Danni22]

That's a good plan buddy thanks ill give them a ring

[Donald]

There must be some paper trail somewhere.

Did you submit details? If the police took your details they should have his. I thought it was procedure that all RTI and police attended incidents in general should have some form of record. Especially since there were actually 3 vehicles involved in this. At the very least names and reg. plates should have been taken.

Did you happen to get the reg.?

If not my advice would be to (again) visit your local station with a new complaint, armed with some info.


The Road Traffic Act 1988 states under 'Duties in case of accident' in section 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]

(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.

5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [a motor vehicle] does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a) to a constable, or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

So even if he doesn't submit his details to you, the accident and details must be reported... so there should be a record somewhere.


Moving on. They may present the argument that under section 165 of the RTA1988 that if the police didn't ask for his details at the scene then he isn't doing anything wrong, this is true, but he still has to report the accident at a police station in this case. There's no two ways about it, either the police at the scene get the details, or he submits them at a station. If he doesn't this is an offence.


With regards to the alcohol/drugs test:

'Motor vehicles: drink and drugs', section 6:

Power to administer preliminary tests

(1) If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2) This subsection applies if a constable reasonably suspects that the person—
(a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
(b) has alcohol or a drug in his body or is under the influence of a drug.

(3) This subsection applies if a constable reasonably suspects that the person—
(a) has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
(b) still has alcohol or a drug in his body or is still under the influence of a drug.

(4) This subsection applies if a constable reasonably suspects that the person—
(a) is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and
(b) has committed a traffic offence while the vehicle was in motion.

(5) This subsection applies if—
(a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
(b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

So if they know who the driver is, I would take this part of the legislation to mean that it is a requirement to take a alcohol/drug test if an accident has occurred, regardless of the ambiguous use of the word 'may' in subsection one. If I'm getting this right, a moving vehicle and a stationary vehicle was hit and injury has been caused to someone NOT in a vehicle. I would expect a alcohol/drug test to have been taken despite claim of adverse weather conditions etc., they were in a drokking 4x4. If you can't use a 4x4 in bad weather then you're doing something wrong.

[Donald]

Just to add:

I know you said they know the driver etc. and he said he gave his details. It doesn't matter. If he hasn't complied with any part of the above, he's done something wrong and should be at least paid a visit by the feds.

This will either end with you obtaining his details through the Freedom of Information Act 2000 and/or he'll be prosecuted under contravention of the Road Traffic Act 1988.

Hope this helps.

[Danni22]

Iv not got his details the sgt that I submitted the formal complaint with has got them me.

He is shocked no breath tests have been taken.!

I'm going to push this all the way up! As far as is possible now!

The only forms that had gone where that there was an incident but all parties have exchanged details and no party was injured I drokking told him! My dad took a snotty phone call off him last night.

He now won't to no the injuries and where everyone was sat in the car! And again I told him I was behind it and taken under the car he thinks I was sat in the car!!

[LewisH]

jobby man!

The police are a joke. This is a prime example of them not doing there job properly.

on the other hand, thank god you are ok and the 4x4 wasnt going any faster!

I had a clang last night because someone in a 4x4 just didnt want to pay attention!


Also, definatly see a solicitor. The police need stringing up for that.

[Danni22]

Not good is it!! Iv been back to A&E apparently iv got
badly bruised ribs,
bruised lungs,
I must of dislocated my shoulder but I don't remember doing that, as I spend 5mins in shock just laughing at nothing :/ my ligaments in my shoulder are shot from that.
Badly bruised hip
bruised lower back,
bruised neck and back of my head are killing
and I have also still got a headache iv basically got whiplash all over my body all are deep tissue injuries