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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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A driver of a company vehicle did not stop at a RTA - he backed

Customer Question

A driver of a company vehicle did not stop at a RTA - he backed out of a drive onto a high street and was hit be an oncoming vehicle but continued down the road before ringing 101
and was informed to go to the police station and report the accident. No details were taken at the police station and he was given a form to complete and return.
If he takes the decision not to submit the form, would the company be held liable?
The accident has been reported to the insurance company.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Is there a reason why he does not want to fill out the form please?
Customer: replied 3 years ago.


He aleady has 4 points on his licence and is worried about incriminating himself.

Expert:  Jo C. replied 3 years ago.
I presume that the company is the registered keeper please?
Customer: replied 3 years ago.


Yes that is correct

Expert:  Jo C. replied 3 years ago.
Have you completed the NIP declaring him as the driver?

Or are you suggesting not doing so?
Customer: replied 3 years ago.


Please advise what the NIP is. I would not change the name of the driver.

Expert:  Jo C. replied 3 years ago.
Notice of intended prosecution.

The S172 request should have been sent to you asking for the identity of the driver.
Customer: replied 3 years ago.


The accident has not been reported to the police as per my 1st question so


the company has not received a S172 request.


I want to know if the company would be prosecuted if the driver does not report the accident to the police.

Expert:  Jo C. replied 3 years ago.
Ah! I see.

The obligation is the driver's not the registered keeper.

You would only be liable if you helped him in some way to conceal evidence.

Or alternatively if you failed to complete a S172 form then there are offences in failing to identify the driver.

The only issue may be what view your insurers may take of your failing to report this. They may take the view that the accident wasn't caused in the way that you describe and disallow any claim.

However, you cannot force your employer to report this. You could make a report yourself but its all really a weak form of hearsay.

You were not the driver and so the obligation to report does not fall to you.

Can I clarify anything for you?

Jo

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