Incident with bin wagon

[me]

Were would you go next? Who would you complain to .

On Monday a bin wagon hit my van while I was working in Derbyshire. The drive looked at the damage and drove off leaving no details . A resident witnessed it and gave me the reg and details.

On Monday I got intouch with derby Council who gave me their insurance company. On Wednesday I had a reply off the insurance company say the vehicle wasn't one of theirs it was one of south Derbyshire vehicles and it was south Derbyshire round.
They also gave me the details who to contact.
On Wed night I emailed the transport manager to get there insurance details . On Thursday I phoned him and he said he would send me them . Now Friday he still asnt sent them .

Is there some one I can claim to or Were would your next move be to try and get them to repair your vehicle

 

[Zerkalo]

Sounds like you've done the right thing so far to me and the best thing would be to follow the lead you've been given. Only going on my experience of dealing with Birmingham Council you might be in for a bit of a wait as I remember one dealing I had with them as a property manager and they asked me for 'Documentary Evidents' (SIC).

 

[ukzero1]

I would get in touch with the police mate. I'm sure leaving the scene of an accident is against the law. That way you'll get a crime humber, and hopefully, the details you need.

 

[stephenk]

Log it with police as suggested.
Ring Council again on Monday - a couple of days delay is not unusual...
Maybe ask if they have CCTV / dashcam on their wagons too.

 

[mickthechippy]

speak to your insurance company, notify them and explain the incident

they will get in touch with the council etc for the details of thier cover

 

[stikflote]

Its not against the law to leave scene of accident if no one is injured

 

[ukzero1]

Its not against the law to leave scene of accident if no one is injured

Then how about driving without due care and attention?

 

[Silver fan 82]

I'm a dust cart driver myself.
The company I work for use CCTV cameras all around the truck exactly for situations like this (and to spy on us).
This sort of thing would result in serious disciplinary action.
Sounds like you've gone down all the right routes. Was it a council vehicle or a contractor do you know?
As far as I'm aware it is actually illegal to leave the scene whether anyone is injured or not as it can be classed as criminal damage as no details were left.
Keep ringing the council or contractor, if no joy go higher and contact the police. You have the vehicle reg. I'd like to think that the police would be able to help you.

 

[JLK]

Is that the same for cyclists joggers on the canal then when they damage your gear?

 

[Chervil]

Is that the same for cyclists joggers on the canal then when they damage your gear?

Unless there is new legislation Section 170 RTA 1988 only deals with Motor vehicles/mechanically propelled vehicles. Note from the list of animals, Cats don't count. But property and things like road signs does.

170 Duty of driver to stop, report accident and give information or documents​

(1)This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that motor vehicle, or

(b)damage is caused—

(i)to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or

(ii)to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

(2)The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3)If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—

(a)to a constable, or

(b)to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

(a)must do so at a police station or to a constable, and

(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within five days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8)In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.



So, basically:

1. Stop
2. Provide your details to any person who has reasonable grounds for requiring them
3. If, for any reason you cannot provide such details (for example there is no-one else there) then you must report the accident to the police as soon as reasonably practicable and, in any event, within 24 hours.

Road Traffic Act 1988

www.legislation.gov.uk

 

[JLK]

They should have a canal towpath traffic act and charge runners and bell ringers for using them.

 

[me]

I'm a dust cart driver myself.
The company I work for use CCTV cameras all around the truck exactly for situations like this (and to spy on us).
This sort of thing would result in serious disciplinary action.
Sounds like you've gone down all the right routes. Was it a council vehicle or a contractor do you know?
As far as I'm aware it is actually illegal to leave the scene whether anyone is injured or not as it can be classed as criminal damage as no details were left.
Keep ringing the council or contractor, if no joy go higher and contact the police. You have the vehicle reg. I'd like to think that the police would be able to help you.

Thank you for your reply.
I'm unsure if it was a contractor or an actual council wagon aa I was away from the van working when the incident happened.
I returned to my van for some tools and never noticed the damage until a lady out of a house opposite came out and gave me the reg of the bin wagon and details to what had happened.
I have looked on the government Web site and the reg does come up as a white Denis lorry .

When I spoke to the fleet manager and explained what had happened ect he said no problem Its our policy to give you our third party insurance and would send it over to me. 2 days later I still haven't been sent it and when I phone or text him now he doesn't reply

 

[davylad]

Its not against the law to leave scene of accident if no one is injured

I think it is, what about the damage to the van. Details should have been exchanged before leaving the site.

 

[John Step]

Its not against the law to leave scene of accident if no one is injured

But if there is no one there to give your details to you must report it to the police within 24 hours.

 

[Silver fan 82]

I think it is, what about the damage to the van. Details should have been exchanged before leaving the site.

I'm quite sure it is a legal obligation? @Chervil ?

 

[Silver fan 82]

Thank you for your reply.
I'm unsure if it was a contractor or an actual council wagon aa I was away from the van working when the incident happened.
I returned to my van for some tools and never noticed the damage until a lady out of a house opposite came out and gave me the reg of the bin wagon and details to what had happened.
I have looked on the government Web site and the reg does come up as a white Denis lorry .

When I spoke to the fleet manager and explained what had happened ect he said no problem Its our policy to give you our third party insurance and would send it over to me. 2 days later I still haven't been sent it and when I phone or text him now he doesn't reply

Not a great response at all. Keep ringing on Monday and if I were you I would get the police involved. You have the reg number and a witness which will go in your favour. If the wagon is fitted with cameras then even better.

 

[Lee Richards]

SF
Just out of interest would you actually know if you have clipped another vehicle?
And especially if the "back end" is doing its thing.

 

[Silver fan 82]

SF
Just out of interest would you actually know if you have clipped another vehicle?
And especially if the "back end" is doing its thing.

To be honest mate I have clipped cars in the past and yeah I knew I had done it. Its possible as you say the driver may not have noticed, perfectly feesable. But I think in the OP it was said the driver got out and had a look and drove off?

 

[me]

SF
Just out of interest would you actually know if you have clipped another vehicle?
And especially if the "back end" is doing its thing.

On this incident , off what the witness said the truck was being guided back by one of the operators, and when it made contact they looked at the damage before driving off

 

[Lee Richards]

Unless he reported it at the depot the driver has nowhere to go with this really has he.
Chanced his luck and deserves what he gets now.

Hope you get it sorted quickly.