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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi, one of my HGV drivers was involved in accident, receive

Resolved Question:

Hi, one of my HGV drivers was involved in accident, received ticket only and I'm trying to check what is that mean informations on ticket. There is no raport from police yet and police is saing that they can only give informations for driver not the owner of company. on the ticket informations are: Force code: 021, Notice Type 80, source code: 3, ticket no: 00504319, penalty code 60, offence details: due care+attention, CCCJS offence code RT88575

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

I would like to now what that fine ticket mean (is this something serious offence or normal fine when driver cause accident) for insurance companies. Can they refuse to cover loses because of this offence?

Expert:  Jo C. replied 2 years ago.
What is the ticket for?
Customer: replied 2 years ago.

He was driving on A38 HGV vehicle with trailer at 01.12.2014, then as driver said other vehicles overtaking him were too close, he was too close to the ditch, then vehicle touched the ditch and get off the road, vehicle overturned and all was damaged: load trailer and vehicle. The problem is that I don't know what that fine ticket mean. Driver was collected by police from hospital same day, then they asked some questions next day when translator was there and release driver giving him fine ticket, and that is it. He paid 300 GBP, there is no report from police, no informations were given when I phoned them. Just one of the suveyours in UK informed that police will make raport in January... and my insurance companies will not pay before raport is done by police. I'm worry that they can refuse to sort this claims (load, trailer, vehicle).

Expert:  Jo C. replied 2 years ago.
Ok.
So what is the offence?
Driving without due care? Dangerous driving?
Customer: replied 2 years ago.

Force code: 021, Notice Type 80, source code: 3, ticket no: 00504319, penalty code 60, offence details: due care+attention, CCCJS offence code RT88575

Expert:  Jo C. replied 2 years ago.
Driving without due care and attention can be relatively serious. It depends on the facts.
It only carries a fine but it can lead to a ban outright which is usually the real punishment for professional drivers.
Whether it will or not depends on how serious the matter is. It does sound like a relatively serious accident if vehicles were overturned and it is aggravated by the fact that he was a professional driver but I presume there was no injury to any person which is always helpful.
Courts are fairly inconsistent about the matter. Might lead to points or it might be an immediate short ban.
It will only be a fine and court costs of £85 plus the victim surcharge of roughly 10% of the fine.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Ok, thank you for answer. I guess I must fight in court in UK to prove that driver was not driving withouth due care and attention to have claims covered by insurance companies... There was no other vehicle involved in the accident and also driver was not hurt. I have DAS insurance protection so I think their lawyers must fight with this case.

Expert:  Jo C. replied 2 years ago.
No, the insurance company will cover this claim either way.
It is just that if the criminal courts convict him the insurance company will fold and pay out and it will be a fault claim on his insurance.
Customer: replied 2 years ago.

That is not exactly right. Insurances like GIT insurance may not pay to load owner if they prove "gross negligence" of the driver.

Expert:  Jo C. replied 2 years ago.
It is right I'm afraid.
Customer: replied 2 years ago.

Ok, thank you for help

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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