BS: uk legal procedure query

Subject: BS: uk legal procedure query
From: GUEST,H
Date: 10 Feb 03 - 01:40 PM

I'm not looking for legal advice about anything- just understand the situation.
A few days ago, the works vehicle I was driving was damaged by a load falling off a lorry.
No personal injury but repairs are needed to the vehicle therefore insurance claim therefore need police incident number.
Also keen to report to police as further load could be lost and worse harm done.
On phone - local police station told me that as the other vehicle didn't stop, I would have to go to the station in person & produce MY documents.Which surprised me.
But, at the station, after taking DOB,address etc & checking driving licence etc , I was told I was being cautioned.
.. not under arrest ... free legal advice ... can leave... ANYTHING I MIGHT RELY ON FOR MY DEFENCE etc etc
The 'explanation' was - they wouldn't take a statement without the caution. But I have asked around colleagues/neighbours, several of of whom have reported far worse things - & not one was cautioned.
.. In case you're wondering .. I really hadn't done anything wrong !
I'm hoping someone can tell me what is the usual procedure.
Thanks, H

Subject: RE: BS: uk legal procedure query
From: Ed.
Date: 10 Feb 03 - 01:52 PM

I don't know anything about the legal side, but my guess, as the other vehicle didn't stop, would be to prevent insurance scams.

From their point of view, you may have invented your story in order to claim for damage that you'd caused yourself.

Did you get the registration of the lorry or have any witnesses?

Subject: RE: BS: uk legal procedure query
From: GUEST,H
Date: 10 Feb 03 - 02:56 PM

Hi Ed,

Sadly - that makes sense,

Neither the lorry nor the cars following me stopped, And unfortunately didn't get number plate & no obvious name on lorry - so vehicle not traceable.

I know it wasn't my fault - but have no witnesses. Actually - there is (was) evidence, as debris from the cargo was still visible on the van and on the road - but it wasn't worth police time to investigate this.
In hindsight - should have returned to take photographs at the scene and of the van !

One final irony - it's an NHS vehicle, and the insurance documents are held in an office - somewhere - 2 counties away. So I am watching the post at work very closely. I'm obliged to produce the insurance docuents by friday - otherwise I'm the one facing prosecution.

Could've been worse.

Thanks, H

Subject: RE: BS: uk legal procedure query
From: Gareth
Date: 11 Feb 03 - 05:07 AM

Not that much of a problem actually. The new, updated, Motor Insurers Data Base, (accesable by the Police) should deal with your own legal requirements. Your employers should be in possesion of a number of "open" certificates of insurance. DVLA Swansea will confim on line, that your vehicle was "kept" by an NHS trust.

Regretably the Police will not have the resources to investigate. For with no name or Registration, where do they start ???

Gareth

Subject: RE: BS: uk legal procedure query
From: GUEST,chippinder
Date: 11 Feb 03 - 08:33 AM

Subject: RE: BS: uk legal procedure query
From: GUEST,chippinder
Date: 11 Feb 03 - 08:34 AM

Sorry - hit the wrong button again.

H - your hindsight has become foresight at my partner's company. All company vehicles cary a disposable camera for use in just such situations. I'm tempted to carry one in my own (private) care as well.

Chips