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Reporting Accident Damage

7th October 1955, Page 36
7th October 1955
Page 36
Page 36, 7th October 1955 — Reporting Accident Damage
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Which of the following most accurately describes the problem?

MANY owners of motor vehicles and drivers will disagree most strongly with the decision of the Sheriff and the Scottish High Court of Justiciary in a recent case concerning the nonreporting of an accident.

The circumstances were that a van collided with, and knocked down, a wooden fence. The vehicle was damaged and the driver was accused, not having given his name and address to anyone with reasonable grounds for requesting it, of failing to report the accident to the police, in contravention of Section 22 (1) of the Road Traffic Act, 1930.

It is quite understandable that, in this particular instance, having damaged the property of another person, he should have reported the accident, despite the fact that no person, vehicle or animal was injured.

It appeared clear to the court, however; that the damage to the fence was irrelevant, the only question being whether damage to the accused's own vehicle imposed an obligation to report, and it was upon this that the case was decided against the accused.

In the Higher Court, two members upheld the decision of the Lower Court, but the third dissented, taking the view that it was ridiculous to expect a person involved in an accident in which only his own vehicle was concerned to report this to the police.

If such a decision is to be considered as case law, an absurd situation will, arise, for a mere dent in a wing might be taken by the police to be an accident which should be reported to them.

No doubt thousands of cases occur in which a person finds that his vehicle has been damaged while parked on a road. Who is then to say whether he caused the damage himself or not? The damage may have been done by a driver who has departed.

Where damage has been done to a vehicle which is off the road there would be no reason for making a report, as the law is to the effect that it concerns any accident resulting from the presence of a motor vehicle on a road. Again, if an accident was not witnessed, who is to say whether it was done on or off the road, unless other damage can be examined, or another person, vehicle or animal is concerned.

The police themselves would be inundated with reports if every trivial amount of damage had to be reported. The question would also certainly arise in the minds of drivers as to the limit to be set to any damage which it would be necessary to notify, for it could vary from a scratch to a "write-off."

The whole idea would be an imposition against the rights of ownership and the freedom of a person to deal with his own property as he wishes, provided that no other person is affected and that the property concerned is inanimate.


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