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 Post subject: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 4:10 pm 
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Bad day today as well as the vehicle developing a severe overheat problem I was involved in a minor RTA but what took place afterwards has left me feeling like jacking it in altogether.

The accident was a car reversing into me whilst I was in the middle of unloading a wheelchair bound passenger. Not a major accident but I decided i had better play it by the rules as it looked to my eye as if minor scuffing of both cars bumpers had occurred. The other driver insisted that he would not do this as in his view no damage had occurred. I tried to explain to him that it was to comply with my insuarance companies requirements that all accidents no matter how minor are reported in case of future claims and gave him a card with my details on it. At which point two other taxi drivers with other firms waded in taking the side of the other driver and insisting i had no right to insist on exchanging details and notifying the insurance as the damage was very minor. A heated row ensued resulting in me being forced to drive off without obtaining the details of the car which hit me ! The council says the other drivers have done no wrong the police said they would have a word

Am I wrong or have those two drivers caused an offence to be committed or even committed one themselves by preventing me exchanging details after an accident

PS the insurance company is also only interested in recording the accident having taken place not my being prevented from obtaining 3rd party details

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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 4:20 pm 
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Sorry, I can't accept that. After all, the taxi trade is full of friendly, well-informed people interested only in truth and justic and helping other members of the taxi fraternity.

Seriously, in truth it sounds like the kind of thing that seems awful at the time but in the grand scheme of things is relatively minor. And if you try to kick up a stink then the other drivers, the other party, the insurance company and the police won't like it, so best to keep quiet. Trying to take it further could well end up backfiring on you.

By the way, my mobile has a shorcut key for sound recording, and I always use it for things like this and stroppy customers.

Never needed it to be used in evidence yet, but it's always available as a back-up.


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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 5:41 pm 
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You did act absolutely correctly. As long as you have the other reg no you are sorted. I always advise take pitcures at the scene using phone camera if poss. You can go onto www.askmid.com and pay a small fee to get other reg no's insurance co details if you want to write to tp insurers telling them what happened.

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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 6:51 pm 
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theres a dvla advice website somewhere about claiming without the driver giving his/her details

it is an offence to leave the scene without exchanging details

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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 7:58 pm 
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Have to say this is were one incident can pay for a CCTV system several times over. I watched a film a while ago. A car pulled out in front of a cab, cab stopped, car stuck it into reverse and straight into his bumper. Both drivers exited vehicles, reversing driver took full responsibility and was very apologetic. However 5 days later his insurance company contacted him stating the other car was claiming for Whiplash and damage after you drove into the back of him!!!!
Luckily he had a "real" CCTV system and the data was retrieved to prove otherwise!!

As dusty says, without witness you could be opening a can of worms, but I know how you feel. There are so many idiots in this game that it can make you feel that way.....I'm there at the moment :twisted:


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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 8:45 pm 
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The problem isn't the third party it was the two drivers from rival firms using intimidatory tactics to try to prevent me exchanging details neither of them were in a position to properly witness the accident but both waded in in very asgressive manner. unfortunately legally there is little can be done if one of them had actually used violence then yes But it seems in law they can do anything they like because ONLY the actions of the two drivers involved count in law.

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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 10:25 pm 
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edders23 wrote:
The problem isn't the third party it was the two drivers from rival firms using intimidatory tactics to try to prevent me exchanging details neither of them were in a position to properly witness the accident but both waded in in very asgressive manner. unfortunately legally there is little can be done if one of them had actually used violence then yes But it seems in law they can do anything they like because ONLY the actions of the two drivers involved count in law.

If you haven't got one get a phone that records conversations, and videos what's happening.

Even the phone recordings will help you get better results from the powers that be than you have.

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 Post subject: Re: Was I in the wrong ?
PostPosted: Thu Mar 22, 2012 10:38 pm 
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Quote:
The accident was a car reversing into me whilst I was in the middle of unloading a wheelchair bound passenger. Not a major accident but I decided i had better play it by the rules as it looked to my eye as if minor scuffing of both cars bumpers had occurred.

Was your passenger not a witness?.
You did the right thing, any contact & you should exchange details. other damage could show up after the other party has long gone.Bumper mounting bracket broken etc.
The other drivers should be reported to your LA and they should have a word with them.as should the police for there bully boy tactics in stopping you to obtain the other drivers details, who hit you while you were stationary and out of the car.


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 Post subject: Re: Was I in the wrong ?
PostPosted: Fri Mar 23, 2012 12:54 am 
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no tips wrote:
Quote:
Was your passenger not a witness?.


unlikely that a passenger in a vehicle involved in the accident would accepted as independent

in my accident (truck hit me) the drivers mate (as in 2 man crew) made a statement but my insurers say THEY wont accept that (quite how a passenger in a truck cab saw what happened on the other side of a truck though I cant see)

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 Post subject: Re: Was I in the wrong ?
PostPosted: Fri Mar 23, 2012 1:06 am 
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wannabeeahack wrote:
no tips wrote:
Quote:
Was your passenger not a witness?.


unlikely that a passenger in a vehicle involved in the accident would accepted as independent

in my accident (truck hit me) the drivers mate (as in 2 man crew) made a statement but my insurers say THEY wont accept that (quite how a passenger in a truck cab saw what happened on the other side of a truck though I cant see)


Think your find a Fair paying passenger is deemed an independent witness, a lorry drivers passengers (ie mate/work colleague) is a very different matter.
I have used fair paying passengers as witnesses on two occasions without trouble.


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 Post subject: Re: Was I in the wrong ?
PostPosted: Fri Mar 23, 2012 1:31 am 
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youcouldbe right but there is a possible conflict of interest if the passenger was to make a claim for injury

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 Post subject: Re: Was I in the wrong ?
PostPosted: Fri Mar 23, 2012 9:24 pm 
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No trust me this passenger is extremely senile and would be useless as a witness but we did have another customer who was stood very near waiting for another of my drivers to pick her up and she said she was disgusted at the behaviour of the two drivers HOWEVER it is all to no avail because they did not break any laws. My only recourse would be an expensive civil action against their employers which I would have a less than 50 50 chance of winning !

The other thought is to find out who their vehicles are insured with and write to their insurance company challenging their involvement and asking their insurers what are they going to do about it. But again would this achieve anything ?

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 Post subject: Re: Was I in the wrong ?
PostPosted: Sat Mar 24, 2012 12:04 am 
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edders23 wrote:
The other thought is to find out who their vehicles are insured with and write to their insurance company challenging their involvement and asking their insurers what are they going to do about it. But again would this achieve anything ?


yes, thats possible, there is help if you have a reg number for them or if your insurers will help

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 Post subject: Re: Was I in the wrong ?
PostPosted: Sat Mar 24, 2012 1:43 am 
If you'd taken his reg number and reported the accident to the police he would be getting chased up anyway if he fails to report it within 14 days also, personally I'd be only too happy to know he got points for failing to report.


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 Post subject: Re: Was I in the wrong ?
PostPosted: Sat Mar 24, 2012 1:14 pm 
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Doom wrote:
If you'd taken his reg number and reported the accident to the police he would be getting chased up anyway if he fails to report it within 14 days also, personally I'd be only too happy to know he got points for failing to report.



Points for failing to report, I wish.
I was run off the road. Made contact and damaged my rear off side wheel arch. Was told his details would be put on the traffic watch list database.


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