Re: Cycle vs. car RTA - provision of contact details.


<gustavfenk@xxxxxxxxxxxxxx> wrote in message
news:54ecc247-9d76-4186-a134-fe85dfddd240@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On Jan 19, 3:56 pm, "Nigel Cliffe" <m...@xxxxxxxxxxx> wrote:
Same rules as any incident.

If there was no injury, just damage, then its a civil matter. It doesn't
matter if the incident involved a bus, tractor, 4x4, car, cycle,
rollerskate...

The advice from the police station is correct.

Its only a requirement to exchange details (or report to police) in the
event of an injury/death of a person or dog (and a few other animals).

- Nigel

--
Nigel Cliffe,
Webmaster athttp://www.2mm.org.uk/

Quoting the Road Traffic Act, I don't that's quite right - even if
there are no injuries but the motor vehicle causes damage to another
"vehicle", fixed roadside property or certain animals then the driver
is legally obliged to offer up his details or report the accident to
the police.


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, 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, or
(ii) to an animal other than an animal in or on that mechanically
propelled vehicle or a trailer drawn by that mechanically propelled
vehicle, or
(iii) to any other property constructed on, fixed to, growing in or
otherwise forming part of the land on which the road in question is
situated or land adjacent to such land

(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.

[snip]

(8) In this section "animal" means horse, cattle, ass, mule, sheep,
pig, goat or dog.



I don't know if there are any other relevant pieces of legislation,
but if this is the only relevant bit then -

1) Car hits cyclist, cyclist is injured - car driver must give his
details to cyclist.
2) Car hits cyclist, cyclist and driver are uninjured but his bike is
damaged - car driver must give his details to cyclist. (assuming that
"vehicle", rather than "motor vehicle", in 1(b)(i) applies to pedal
cycles).
3) Cyclist hits car, cyclist and driver are uninjured, cycle is
undamaged, car is damaged - it seems that there is no obligation for
the cyclist to give his name and address to the driver of the car and
it's a civil matter. Is that right,as it seems a little unfair that in
such a case a cyclist could keep his mouth shut and ride away?

Sometimes things are not fair.

A true scenario - moving car hits stationary car. Details are exchanged.
Owner of stationary car discovers that third party fire and theft insurance
cover only covers damage caused by stationary car should it cause damage to
property of a third party. The owner of the stationary car is unable to
make claim through insurance company because legal cover 'bolt on' had not
been purchased to allow uninsured loss to be reclaimed even though the
driver of the moving car initially admitted liability.

I know of two occurances of the above. The losses could have been recovered
by civil action but weren't. Too much hasstle I suppose?







.

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