Can they do this?

What a week, lad gets his bike nicked last Wednesday, went & bought
another yesterday. Today he ploughs it into the back of a car, well not
actually! He manages to stop the bike from hitting the car but throws
himself off it in such a force he smashes the rear screen, he's a big
lad. Upshot is driver is very shaken & taken to hospital now found out
is not badly hurt but says she has whiplash. Lad is just a bit bruised,
will probably be more bruised tomorrow when they come out.

However the purpose of the post is he is 16, when the Police arrived
they interviewed him & breathalysed him without any adult being present.
Are they supposed to do that, I remember many years ago when I was 16 &
involved in an incident they had to wait until my father turned up
before I could be interviewed.

Trev

 

Trevor wrote:

I think that about sums it up.
Too many claims direct adverts , but as long as his insurance is valid thats
for them to argue over.

That depends on what you mean by "interviewed".
They can get the first account for an accident book without an adult present
but it may not be admissable as evidence later.
If they are considering charging him with anything and want a full interview
then that has to be under caution with an adult present , but unless they
ask for a quick verbal account first they won't really know what's happened.

Breathalyser tests don't require an adult present (and they can't be delayed
just for a solicitor to arrive either) though if one is available it would
be good practice to have one present to counter any "he didn't understand
what was going on" excuses later.
--
Alex

Hermes: "We can't afford that! Especially not Zoidberg!"
Zoidberg: "They took away my credit cards!"

www.drzoidberg.co.uk
www.sffh.co.uk
www.ebayfaq.co.uk

 

My thoughts exactly, he hit her from behind at less than 15mph, she was
stationary at the time.

They currently haven't charged him just given him a producer.

Trev

 

No wasn't pissed, knows my views on that & wouldn't dare. Claims he was
only doing 30 when he hit brakes, apparently did a lovely stoppy just
before he lost it & hit the car, according to his mate behind him.

 

There are enough doctors working for the ambulance chasers who will say that
she had whiplash.
It's pretty difficult to disprove this so she almost certainly will get some
money.

I had a minor case of whiplash when my car was hit from behind by another
one doing about 20mph but that was I think because my car was shunted into
another one so I got thrown back into the seat on the first impact then
forwards on the second

Assuming his docs are all in order they stand a good chance of leaving it at
that.
If they want to be arsey they could report him for careless riding but for
that they have to show that it was more than just a momentary lapse in
concentration.

--
Alex

Hermes: "We can't afford that! Especially not Zoidberg!"
Zoidberg: "They took away my credit cards!"

www.drzoidberg.co.uk www.ebayfaq.co.uk

 

Did they know he was 16? It could work to his advantage, if they do a lot
of stuff that they later discover is inadmissable, and can't be arsed to
re-do it.

When I was had off the Trophy last year, they wanted to breathalyse me while
I was laying on a table with multiple chest fractures, gasping into an
oxygen mask, ripped to the tits on morphine etc...

 

platypus says...

When I had my big accident in 1981 I was shitfaced drunk. The hospital
staff wouldn't let the police anywhere near me as I was losing blood so
fast they had to rush me into theatre as soon as I arrived in A+E. By
the time I was out of there a bed was prepped in ICU, so the police
never got a chance to test anything.

 

Thought he might but they haven't mentioned it yet.

 

Am I missing something, or is 30 the very maximum speed he's currently
allowed to do? Dammit, my Melody only managed 28

Neil

 

Oops - You meant the car..

Neil

 

Using the patented Mavis Beacon "Hunt&Peck" Technique, Neil

Who did?

Quotes man, quotes.

--
Wicked Uncle Nigel - Manufacturer of the "Champion-105" range of rearsets
and Ducati Race Engineer.

WS* GHPOTHUF#24 APOSTLE#14 DLC#1 COFF#20 BOTAFOT#150 HYPO#0(KoTL) IbW#41
Enfield 500 Curry House Racer "The Basmati Rice Burner",
Honda GL1000K2 (On its hols) Kawasaki ZN1300 Voyager "Oh, Oh, It's so big"
Suzuki TS250 "The Africa Single" Yamaha GTS1000

 

They could have scooped up some of the escaping gore in a paper cup. I
suppose they couldn't get close enough without getting their uniforms
splattered.

 

Car was stationary indicating to turn right, he was doing 30 when he
noticed (woke up) & hit the brakes, then the car :-(

 

The ambulance crew shoved a needle in my arm and took a blood sample
when I was scraped off of the side of the road in April. And they
didn't ask my permission or explain what they were doing.

 

No, no, no. A lovely stoppy involves staying *ON* the bike. That was a
shitty stoppy.

Hope the lad is okay though.

 

Soz! I thought that Trevor was referring to the car's speed rather than the
speed of the (50cc - surely?) bike.

The concept of "Only doing 30" on a moped is an oxymoron. 30 is a cause for
celebration, surely?

Neil

 

If he wants to avoid "Undue care and attention" does not admit to
police "I didn't see till too late etc...".

Instead a plea of "Finger slipped off brake lever and had to reapply,
hence late breaking" would be a much better idea.

Plod can't exactely check as skid marks would be the same (No comment
on underpants please).

Also, when lady claims whiplash, your insurance will want a description
of accident. She could actually be charged with insurance fraud if her
claim is that ridiculous, whihc it sounds like it is.

Zan

 

FFS, sort out your attributions and don't snip the whole bloody lot.

 

Sorry, google does that when I click reply. I shall try and be more
thoughtful.

Zan

 

Blimey. An apology. Normally people get shirty, start shouting,
swearing and abusing, wander off in a huff after having thrown the
rattle sky high.

<fx: wanders off, shocked>