Who is liable?

[PhilLew]

When my son was driving to work this morning he was forced off the road by a truck cutting a corner, he hit the grass verge, lost the back end, slid across the road and struck a telegraph pole which spun him into a field. The telegraph pole split in two.

He walked away a little shaken but un-hurt.

The truck failed to stop.

Several minuets later a van travelling in the same direction as my son, un-aware of the accident, struck the suspended part of the telegraph pole and caused some damage to his roof and roof rack.

The van driver asked for my son's details as he wants to claim my sons insurance for the damage to his van.

My son wasn't going to claim for the damage to his own car as his excess and the loss of 'no claims' would be more than his old car was worth, but If this other person has a claim against him then he would be as well to claim as he will loose his NCD and have to pay the excess anyway.

Should my son be liable for this as he was in a field at the time and the van driver failed to spot and then stop for the debris?

[mattie]

I'd have told him to kiss my a**, he didn't even ask your son if he was ok.

[mattie]

Also, he should have called the police and explained the situation to them.

[Pesk]

It might be and idea to contact your son's insurer's & explain the situation. It sounds as if they would refute the van's claim and your son's NCB might be safe

[PhilLew]

He did check that my son was OK and the police and an ambulance attended.

All documents were checked by the Police and they are not bringing any charges, they say it 's up to the insurance companies now but I don't know whether my son should inform his if he isn't going to claim.

Another quick question.

I he obliged to tell the van divers insurers his insurance details or is it only the police he needs to show them to?

[PhilLew]

Sorry should be

IS he obliged.....

[Ethel]

Yes he is obliged to give the other driver his insurance details, and he is legally obliged to inform his insurance company of ALL accidents, whether he intends claiming or not.

[NORMANTHEDOG]

by the way,you will also get a hefty bill for the telegraph pole damage from whoever owns it,and any damage caused to fencing etc,so it will have to go through the insurance company

[dzug]

Yes he is obliged to give the other driver his insurance details,
Normally yes - but it is at least arguable he wasn't involved in an accident with this driver. Probably better to anyway

and he is legally obliged to inform his insurance company of ALL accidents, whether he intends claiming or not.

Most definitely yes