Car Accident

[k8bailey]

My brother was involved in a car accident on Fri night. He was driving our mum's car a Nissan 350z, when he hit a taxi. Driving conditions were bad because of heavy rain and surface water which caused him to loose control of the car. Both drivers sustained injuries and are stil in hosp.

What sort of trouble could he and my mum be in if my bro was NOT covered by her fully comp insurance? I'm not sure if he's covered as he's only 21. My mums too saken to deal with the insurance just yet and the police haven't been in touch as my brother's still in hospital.

He has taken several illegal substances the weekend before the accident inc. speed, coke & mdma. could they sill be in his blood? He was not drunk at the time but had smoked cannabis about 6 hours earlier.

Can the other driver sue my bro for his injuries? (broken pelvis which needed operating on, probably other injuries)

I just can't believe he's done this. I know people will read the bit about the drugs and say that he needs to be punished for this or shouldn't be on the road and I agree! I'm just interested to know what he's facing.

He also doesn't know if he was wearing his seatbelt and I expect he was exceeding the speedlimit.

Please, no lynch mob, just some serious advice!

[daffy654]

The only advice I can give is for your brother to seek legal advice as soon as he gets out of hospital.Your mum needs to ascertain the situation with the insurance.

[chrisrob]

It doesn't look good for your bro. Was he driving with your mum's permission? If not, she may be OK.
The Cannabis may still be effective after 6 hours.
It sounds unlikely he was covered by insurance.
What about the taxi driver's loss of earnings until he is fit to drive again. (And he'll need to retake his medicals.)
So apart from the numerous road traffic offences, there will be other charges. He'll definitely face a ban, a very heavy fine, costs and, of course the taxi driver will sue and that'll be pretty costly. The judge may decide (looking at his earnings) to spread the costs as installment payments over a number of years. He may also receive a prison sentence.
I'm trying not to be a "lynch mob" but he is in very seriopus trouble and it should prove a deterent for anyone else (but probably won'T).

[Buenchico]

(2-part post):

Drugs bit first:
THC (which is the active ingredient in cannabis) is normally detectable in blood and urine samples for up to about 3 days after use. (It's generally reckoned that it's unsafe to drive for around 48 hours after smoking a single joint). However, with heavy cannabis use, THC remain detectable for about 6 weeks.

Coke remains in the bloodstream and urine for about 3 days but, because the tests look for by-products (rather than for the coke itself), usage can be detected for up around 12 weeks.

Amphetamines (such as speed and MDMA) are usually detectable for up to about 5 days.

If your brother has his own insurance (for another vehicle), he should check to see whether he's got 3rd party cover under that insurance. (It used to be almost automatic that policies covered the driver, at 3rd party level, for driving other vehicles. Some insurers have now removed this cover, but it's still quite common)..

[Buenchico]

Any person who suffers loss or damage, due to the negligence of another person, has the right to sue for compensation. The purpose of insurance cover is to meet that claim (preferably without going through the courts). So the other driver has the right to sue your brother for the damage to his car, for personal injuries and for his loss of earnings. In practice (assuming that your brother is uninsured), the taxi driver will probably make a claim to the Motor Insurers' Bureau. They'll provide him with a payout but then seek compensation, through the courts, from your brother. He'll almost certainly be sued for tens of thousands of pounds but it might be for hundreds of thousands. (If the accident had left someone needing lifetime medical care, the amount could run into millions).

If your brother was driving without insurance, he faces a fine of up to �5000, plus 6 to 8 points on his licence. (That's in addition to the penalties for 'driving without due care and attention' or 'dangerous driving', as appropriate). If your brother had your mother's permission to drive the car, she also faces a fine of up to �5000 and 6 to 8 points on her licence. (The law regards allowing someone to drive without insurance just as seriously as actually doing the driving). If your brother did not have his mother's permission to drive the car, he faces further prosecution for 'taking without consent'.

Chris

[k8bailey]

thanks for all your replies daffy, chrisrob and Buenchico.

It certainly doen't look good for him, or my mum who will end up paying!