You know like the ones on the bill when Tony Stamp ran that geezer over that stumbled out of the pub about 2 years ago!!
UPDATE: The result of the police investigation came through last week, they have decided not to prosecute either driver. Surprise surprise, they're not going to take one of their own down. I found it funny that the letter said they weren't going to prosecute "either" driver, like I should be found guilty of wreckless driving by slowly pulling away from a green light! Anyway, that is now out of the way. The police insurance company avoided about 3 letters from my insurance company, asking for the police insurers to accept liability for the accident. The police insurers have now replied saying: they're "making their own enquiries into the liability of the case". This is because my insurers have now passed the case onto an indepandant law firm, called Ison Harrison, who obviously charge by the hour. The police insurers are weighing up whether or not it's worth them taking this to court, as if they lose they will have to pay the hefty court/lawyers fee's as well as the payout for the accident. So, if they think they have a case against me, or can prove it's 50/50, then they'll take it all the way. If they think that I would win in court, they will try and settle. What do I think will happen? I think that the insurers will take it to court and some bullsh1t will take place, and the best that will happen is a 50/50 verdict. I'd love it if I won, but i recon it'll be a slim chance of that happening.
That's a rite bugger mate. However, just because it's a police car, sirens lights or not. Does not give them the right of way. And as a result the police driver should be done for dangerous driving. Be nice to know the nature of the call out the cop car was going to!!! At my mates station most of the drivers there have points and a few have been removed from driving duties!!! Have you contacted the police complaints lot. They're Independent to the force that you've got the incident with? Saying that u'll have to wait till the court things done won't you?? I wouldn't let it go! Even if it ended up in court. Have u seen the cctv yet??? If it's going to court they'll have to let your legal team see it!!!! If it goes missing then they can be had for interfeering with evidence. Edited by: vrooooom
its funny, cos the police car was heading straight for base as about 00.20am on friday night/sat morning, maybe a shift change???? They say he was on an emergency, but they havent said what or where he was headed. I think that the police complaints people were the body who already decided that no one was to be prosecuted, but i dont know if I can appeal or what. Have to see what happens with the insurance companies first I suppose. No one but the police have seen the cctv yet, they got it off the council straight away from what I can gather, and have been holding it ever since.
Surely they have a legal obligation to share the CCTV footage with you and your insurance company ? I would have thought that witholding it could be classed as obstruction They probably know they are in the wrong and that CCTV footage probably backs this up. It wouldnt surprise me if they are keeping it back until they can make up an excuse for the accident and avoid paying out ! Edited by: superden
Going to court could be a bit of a giggle, sound s like the police are being a bit silent about what the car was doing!! They can't keep silent in court!!!! If it was a shift change then the courts going to rip em to pieces and after the case u could still go for a civil claim against them as well for aditional damages! Had a long chat with my pal. Turns out that it don't matter if the cops car has blue lights on or not, if they are crossing red lights then they are responsible for the safety of the other traffic, and if an accident occurs then their internal investigation always finds em guilty of dangerous driving!!! Comes down to the simple fact of who is at fault under the rules of the highway code! and running red lights ain't a good idea!!!! The police will drag it out in the hope u will give up! Could take months!!!
Read up on the data protection act. If your are recorded you have a right to a copy of it. (It's an old trick for getting free vcr tapes.Just walk through a shopping mall then phone them up quoting that act asking for a copy of the tape with you on it. ) If the cops are withholding the only copy of the tape then you seriously need to talk to a lawyer quick. Either way good luck.
interesting reading above, thanks for finding the info out. I wont give up the fight if they want to drag it out. I'm not bothered, I have a lawyer fighting the case for me which is all paid for by my insurance company, so i'll stick in it as long as it takes. It does make sense that an emergency vehicle should make sure when running a red light, and should do it at a slow speed especially at a busy junction. Will have to hang in there and see what happens, will update to you guys when I find out more. thanks for the support though
Another very good sign is that your insurance company has got the lawyers involved! They wouldn't do that unless they thought they'd win!!!!
Very true last point. Insurance companies dont like paying out, so they will only persue if they are going to end up in favour. Screw them into the ground!!!
Dude I've just had a chat with my girlfriend (studying law) you are entitled to a copy of the tape by law (dat protection act), the maximum they can charge you for it is 10 (value of a tape) Its non disclosure if they will not let you see it and against the law. If he was going through the lights on RED he should have been very careful, doesnt sound (or look) like he was. Hope you get it sorted
thx for that, I will definately look into that one Ticalion, would be good to actually see the tape myself if it does go to court. My end is still persuing the 3rd party insurance company for liability, they still havent made a decision yet.
yeah, if I get hold of it, I'll try to upload it to someone's site. The police have it at the moment though, so I dunno if I will be able to get hold of it or not still!
The cctv thing was on a Mark Whatisname TV program on Channel 4 a while ago. From what I remember if you are videoed while anywhere at all you have a RIGHT to ask for a copy of the tape and even if they charge you a tenner fo it they HAVE to give you a copy when you give them the time and the place you were recorded. That the police have the tape is not right to start with as they could be wiping it as you wait sort of thing from the sound of the attitude they have so far. I'd contact the cctv owner and ask them direct and don't take any fobbing off - threaten to report them to the local rag for start, all nice and polite of course (the local rags love stories about local councils as it gives them nice headlines and the chance to be just like the real papers. Local man pictured pointing to CCTV camera wronged by council breaking the Data Protection Act that sort of thing. If they go with the police then they are withholding evidence no?
update: the 3rd party insurers (police insurers) are still making their own enquiries into liability, so they are still deciding whether or not to fight the case or give in. My solicitor hasnt informed me of any change as of yet. When I contacted the council office responsible for the CCTV footage, at least 3 different people dealt with my problem, and I did ask for the tape (even only to be viewed) but they said the only people with rights to the tape were the police. They wouldnt even give the tape to my insurance company to view! I will contact my solicitor and ask him to persue the tape, you are right in that it could go missing in the hands of the police, even by accident. So still not much movement on the insurance company front. These things take time I suppose. All advice and info greatfully recieved! I'll quote some of it (about the CCTV) to my solicitor and see what he says!
This is the section of the Data protection act you want, relating to having a copy of the tape. Clicky Here You have to apply to them in writing and they have to be sure beyond reasonable doubt that you are who you say you are. This will sound good in the letter: Relating to the Data protection act 1998, Chapter 29, Part 2, Section 7, Subsection 1! There was a notorious case round my way where they put up a new speed camera enforcing a new speed limit, (Really sneaky, behind a tree, I've got points off the thing) and it turns out a lot of coppers (off duty) were gettin done by it. Anyway they were all gettin away with it, as they used their insider knowledge to get off. The speed limit signs were too widely spaced on the road, and the camera signs were the wrong colour. They all got off scott free, and it got in the local paper. In the end it turned out it'd take a load of people to get together, and a pile of cash to pursue it and get the points taken off and fines repaid, so they got away with it. Screw the rozzas into the ground!
