Section 172 Road Traffic Act 1988

Question:

I am writing to you for some advice on traffic offences. On x my son borrowed my car without holding a full UK licence and was not the insured or permitted driver of the car.

My vehicle is a motability car, he reversed and hit a car that was stationary with no persons inside, there was no damage to my vehicle and minor damage to the other vehicle (cracked bumper). A witness was at the scene and saw the events, my son approached the witness and asked does he know where the owner of the vehicle lives.

The man replied yes and directed him to the address. My son knocked on the door and there was no reply. He went back to the witness, asked for a pen and piece of paper and my son left his contact details and returned to my house with the vehicle.

He told me that he had been involved in an accident but there was no damage to my vehicle. After 2 days there was still no reply from the owner of the other vehicle, we woke up the following morning to discover a letter from the police requesting name and address of driver.

It also read SECTION 172 ROAD TRAFFIC ACT 1988, SECTION 232 ROAD TRAFFIC ACT 1950, SECTION 112 ROAD TRAFFIC REGULATION ACT 1984, SECTION 22 (1D) & 46 VEHICLES EXCISE & REGISTRATION ACT 1994, SECTION 70 PASSENGER VEHICLES ACT 1981. The letter also states that as I am the keeper of the motor vehicle I need to give the information of the driver who is alleged to be guilty of the following offences namely: CARELESS AND INCONSIDERATE DRIVING CONTRARY TO SECTION 2,3 OF THE ROAD TRAFFIC ACT 1988

FAIL TO STOP AND REPORT ACCIDENT CONTRARY TO SECTION 170(4) OF THE ROAD TRAFFIC ACT 1988

We returned to the address and the owner of the vehicles daughter was home and stated that her mother did not reside at this address and had only come down to visit. The witness who had the piece of paper with my details on failed to give the details to the woman.

We explained the situation that we didn’t flee the scene, she was fully compliant and we left her our contact number, she told us that she would give the number to her mother and she would be in contact that day.

Later that day the owner of the vehicle rang off of a with held number. She explained that she didn’t want to go through the insurance and neither did we and we said we was happy to pay for any damages and a hired car which she stipulated she must have.

She never left us with any contact details but said she would be in contact when she had received a quote from a garage (Which she insisted had to be a main dealer garage, which we was compliant with) a couple of days went passed we then received a telephone call from the owner stating that she had spoke to a garage and the damages so far were at a cost of £x+. She left us the garage contact details and told us to get in contact with them to organise payment.

We got in contact with the garage which they confirmed how much the damage was so far (£x+). The lady at the garage said there was a few extra parts needed and they would contact us with a full price, we never heard anything since and this morning x, I receive a letter from my insurance company asking me to get in contact with them.

I don’t want to hand over my sons name and I don’t want to lose my motability car, I need advice on what to do and what would be the out come if I do not reply to the police and what do I explain to my insurance company?

Can I pay my insurance company the money that the damages come to on the other persons car? Please could you reply ASAP as I’m extremely worried about this but I don’t want to speak to any one until I have got proper advice. Thank you

Dominic Says:

You need to co operate with the police otherwise you risk 6 points for failing to name the driver. You cannot sort this out behind the scenes and ignore the police request.

I do not advise in relation to civil matters for example the claim for damages. You need to speak to a civil litigation expert in that regard.

If you fail to name the driver it’s you that will get summons and face the points and hefty court fines.

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