Do NOT exchange details at the scene of an accident...

[klingon]

... if you are in the right and want to lay a complaint with the police later.

Here's my story in a nutshell:

• On Monday I got hit from behind by a car, while I was stopped at a stop sign on my way to work
• I exchanged details with the driver and set about arranging for my bike to be picked up (it was too damaged to ride)
• While I was waiting for the recovery truck I called Mack the Knife who said "report it to the police - at least you'll have it on record if you need to refer to it later for insurance etc"
• I got the bike taken away, went to A&E for a checkup and went to work (because by then I was very late!)
• My partner called in at a police station to ask for the procedure and they said I should go into a police station to report the incident
• The following day (less than 24 hours later) I went to the Avondale police station with my written account
• The police officer said "did you exchange details with the other party?" I said "yes" he said "then it's an insurance matter, not a police matter" and refused to take my statement
• Not quite believing that, I went to work and phoned the Auckland Central Police, who told me just the same thing. I said "So I would have been able to lay a complaint if I had refused to exchange details with the driver?" and he said "yes"

So, with me doing absolutely nothing wrong, apparently I waived my right to even have the incident officially recorded. I didn't necessarily want the driver charged with anything, but I did want to record what happened and make it clear where the liability was, in case of insurance issues later.

So don't exchange your details, just sit down on the side of the road and call the police.

AND always assume that you're injured (chances are in a bike vs car you will be injured). At the time the driver asked if I was ok and I said "yes" but it turns out I have badly bruised ribs (maybe cracked, can't tell yet). Apparently what you say at that moment while the adrenaline is pumping is what sticks, even if you discover injuries later.

[Colapop]

YUP that's exactly right. I did not give the prick who pulled in front of me any details. His insurance company are trying muscle me into giving them my account of what happened. "Blah Blah... 14 days give your version..." I sent them a letter saying that I refute all charges liability and that I was in the process of accumulating evidence of their client's culpability and fully intended to have them pay for my costs. I told them I'd be in touch in due course...!

[Steam]

Holy spit! I didn't know that! Thanks for sharing. Are you ALLOWED to not give your details to the other driver at the scene of a crash?? I guess as long as you wait around for the police then it should be cool.

[Colapop]

You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.

[Scorpygirl]

Oh bugger Klingon!!! This on top of your accident too! I guess the lesson here is call the police at the time of the accident so they can get statements, details etc. Hindsight is 20/20 vision. Thanks for sharing and I hope you are able to get something sorted.

[limbimtimwim]

AND always assume that you're injured (chances are in a bike vs car you will be injured). At the time the driver asked if I was ok and I said "yes" but it turns out I have badly bruised ribs (maybe cracked, can't tell yet). Apparently what you say at that moment while the adrenaline is pumping is what sticks, even if you discover injuries later.

Have you told the police that you are injured now? The police have to be told, and by telling I assume record the incident. And make sure you get a doctor to record those injuries, and then do ACC shit. Then take some time off work and chill

You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.

That's not true big guy, the road code says:

If no one is hurt, you must give your name, address and vehicle registration (and, if asked, the name and address of the owner of the vehicle you are driving, if it isn't your vehicle) as soon as possible but no later than 48 hours after the crash to:

* the owner or driver of any other vehicle that has been damaged
* the owner of any property that has been damaged.

I think they key here is that if someone is hurt, you must tell the police. If no one is hurt, they don't give a shit and you have to share details with the other people involved.

[gijoe1313]

Thanks for the heads up on that Your grief and trouble will spare many that read this thread the additional trial and tribulations you are going through. Chin up, lets hope all your good karma comes back in some way in regards to this! (I know it doesn't feel helpful at the moment, but I'm cheering for the home team!)

[bane]

interesting that the insurance companies always say "never admit fault", however ive never seen anything from them saying "dont exchange details"...


postscript..."pertang pertang olay biscuit barrel" explained it nicely!

[Colapop]

...That's not true big guy, the road code says:I think they key here is that if someone is hurt, you must tell the police. If no one is hurt, they don't give a shit and you have to share details with the other people involved.

Well, I beg to differ. Not only did the police officer who attended the accident said I did not have to say anything to the other guy. The senior officer I spoke to (why seeking clarification of the law) also reiterated the same thing.

[Steam]

That's not true big guy, the road code says...

You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.

You two fight it out, I want to know the real answer. The road code says some shit that isn't true, I remember from the time I was sitting my test.

[Fatjim]

Since when has a frigg'n cop known the law mate!

[boomer]

what you should ALWYAS do at the scene of an accident is call the cops.. let them deal with the shit.

that is unless your to blame... if not.. no matter how big or small.. PHONE THE ROZZAS!

[Mom]

The following day (less than 24 hours later) I went to the Avondale police station with my written account [*]The police officer said "did you exchange details with the other party?" I said "yes" he said "then it's an insurance matter, not a police matter" and refused to take my statement[*]Not quite believing that, I went to work and phoned the Auckland Central Police, who told me just the same thing. I said "So I would have been able to lay a complaint if I had refused to exchange details with the driver?" and he said "yes"[/LIST]

So, with me doing absolutely nothing wrong, apparently I waived my right to even have the incident officially recorded. I didn't necessarily want the driver charged with anything, but I did want to record what happened and make it clear where the liability was, in case of insurance issues later.

So don't exchange your details, just sit down on the side of the road and call the police.

The lines of communication must be blurred a bit here? You are required by law to report an injury accident to the police, you were hurt (not badly thank goodness) but all the same they must have to take the details of what happened down surely?

I always thought the law also required you to provide your name and details to the owner of a vehicle that was damaged in a situation like this. There is no mention of fault, it is just a requirement. It is only your insurance company that insists that you never admit liability. Let us know how you get along with this. Reading your earlier thread about what happened it seems to me to be straight forward. The car failed to stop and knocked you off your bike. I am sure tht this is how your insurance company will see it too. Make your claim, wait the terribly long time till things get sorted and you are back on two wheels.

[Colapop]

Just be big enough so that the c*nt that hits you calls everybody... he had two of his son's, two of their mates, the cops and the neighbours there all within about 5 minutes... Fark, it was an instant party...

[limbimtimwim]

Well, I beg to differ. Not only did the police officer who attended the accident said I did not have to say anything to the other guy. The senior officer I spoke to (why seeking clarification of the law) also reiterated the same thing.

But you were hurt (I assume, you do at least bruise don't you?) so you don't have to tell the other party. So you had to tell the cops instead, which you did.

Look at it this way, if you had a no-injury crash (Car vs Car in a carpark say) and they other party was able to drive off without exchanging a word, that wouldn't be natural would it?