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Section 170 Road Traffic Act 1988
Alekto
post Sat, 25 May 2019 - 16:43
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Hello all,

I've a question relating to Section 170 of the Road Traffic Act 1988, some clarification would be much appreciated.

I had just come to a stop at a light controlled junction when I hear a thud and realise my vehicle had been rear ended. Photos of both cars and the reg of the other car were taken. The driver of the other vehicle exchanged their details with me however when I asked if they wanted to take my details they said no, stating there was no damage. Upon reaching my destination and having a thorough look my vehicle does indeed have damage which is being rectified.

Would this scenario fall under failing to report an accident on my end? As I say, I offered but the driver refused to take my details.

Thanks
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post Sat, 25 May 2019 - 16:43
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I am Weasel
post Sat, 25 May 2019 - 16:53
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I doubt it - you have the details of the other driver and so have the required information from them to pursue a claim
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NewJudge
post Sat, 25 May 2019 - 17:25
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S170 only requires the incident to be reported if details were not exchanged at the time. The "details" amount to name and address of the vehicle's driver together with the name and address of the vehicle's owner. There is an additional requirement to produce an insurance certificate (either at the time or together with the report) if personal injury is involved:


(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.



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Alekto
post Sat, 25 May 2019 - 18:24
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QUOTE
(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.


It's this part of the legislation I need clarifying. The driver who rear ended the car did not at any point ask for my details, I asked if they wanted them and they declined.
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Logician
post Sat, 25 May 2019 - 18:45
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I suggest that you do report the matter to be on the safe side, you know you offered your details and the other driver declined them, but he may say that you declined to give them.

The less sophisticated police officers seem to operate on a victims and villain principle, the person who reports an incident is allotted the role of victim, and their story is the one they start off believing. Getting them later to revise the roles is then an uphill struggle.


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Alekto
post Sat, 25 May 2019 - 19:34
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The accident occurred earlier in the week so unfortunately reporting it is no longer an option and it would indeed be my word against theirs.
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cp8759
post Sat, 25 May 2019 - 20:12
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QUOTE (Alekto @ Sat, 25 May 2019 - 20:34) *
The accident occurred earlier in the week so unfortunately reporting it is no longer an option and it would indeed be my word against theirs.

I'd report it anyway, even if the report is late. The important thing is that you get to the police before the other party, but more fundamentally, that you get to the police before they get to you.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Sat, 25 May 2019 - 20:30
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QUOTE (cp8759 @ Sat, 25 May 2019 - 20:12) *
QUOTE (Alekto @ Sat, 25 May 2019 - 20:34) *
The accident occurred earlier in the week so unfortunately reporting it is no longer an option and it would indeed be my word against theirs.
I'd report it anyway, even if the report is late. The important thing is that you get to the police before the other party, but more fundamentally, that you get to the police before they get to you.


Exactly so, get in your report even if late, be a victim not a villain, you are looking like that anyway since you were rear-ended, but reinforce that.



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Alekto
post Sat, 25 May 2019 - 20:31
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My original question for clarification has been answered, thank you to those who replied. 4 days have elapsed since the accident occurred so if I were to report it should I expect to be contacted about failure to report? I am able to report this incident online via my local forces website which asks if the accident occured in the last 30 days which seems rather odd.

This post has been edited by Alekto: Sat, 25 May 2019 - 20:44
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cp8759
post Sat, 25 May 2019 - 20:36
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QUOTE (Alekto @ Sat, 25 May 2019 - 21:31) *
4 days have elapsed since the accident occurred so if I were to report it should I expect to be contacted about failure to report?

Not in a gazillion years will it be in the public interest to do anything about that, at most they'll give you words of advice. Not sure if you've heard the news lately but the police are apparently busy with, you know, important stuff, I'm afraid your accident doesn't qualify tongue.gif


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No, I am not a lawyer.
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Logician
post Sat, 25 May 2019 - 20:38
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QUOTE (Alekto @ Sat, 25 May 2019 - 20:31) *
My original question for clarification has been answered, thank you to those who replied. 5 days have elapsed since the accident occurred so if I were to report it should I expect to be contacted about failure to report? I am able to report this incident online via my local forces website which asks if the accident occured in the last 30 days which seems rather odd.


Probably because many people procrastinate before reporting, as you have. You are unlikely to be contacted about failure to report if you have in fact reported, even if a few days late.


The most probable outcome is that no one will be charged with any offence, and once the police are satisfied that full details are available to each party, they will just let the insurance companies sort it out, and NFA the matter.




This post has been edited by Logician: Sat, 25 May 2019 - 20:51


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Alekto
post Sat, 25 May 2019 - 20:50
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QUOTE (cp8759 @ Sat, 25 May 2019 - 21:36) *
QUOTE (Alekto @ Sat, 25 May 2019 - 21:31) *
4 days have elapsed since the accident occurred so if I were to report it should I expect to be contacted about failure to report?

Not in a gazillion years will it be in the public interest to do anything about that, at most they'll give you words of advice. Not sure if you've heard the news lately but the police are apparently busy with, you know, important stuff, I'm afraid your accident doesn't qualify tongue.gif


Fingers crossed! There's enough stress already with getting insurers involved and the car repaired!

QUOTE (Logician @ Sat, 25 May 2019 - 21:38) *
QUOTE (Alekto @ Sat, 25 May 2019 - 20:31) *
My original question for clarification has been answered, thank you to those who replied. 5 days have elapsed since the accident occurred so if I were to report it should I expect to be contacted about failure to report? I am able to report this incident online via my local forces website which asks if the accident occured in the last 30 days which seems rather odd.


Probably because many people procrastinate before reporting, as you have. You are unlikely to be contacted about failure to report if you have in fact reported, even if a few days late.


I didn't report as I believed I'd satisfied S170 by offering my details to the other driver, even if they did decline to take them. It seems this isn't the case so I will be submitting a report tonight. Thank you Logician.

This post has been edited by Alekto: Sun, 26 May 2019 - 14:14
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