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#1 Posted : 23 September 2005 15:27:00(UTC)
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Posted By TraceyS Wonder if anyone can help? One of our employees have had a serious road traffic accident. In investigating the accident, are we entitled to contact the police to get a copy of their report? The injured person is still in hospital in a serious condition and I don't feel that it is appropriate at this stage to contact the family to find out the details.
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#2 Posted : 23 September 2005 15:38:00(UTC)
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Posted By J Knight IANAL, but I would have thought that since their report could be called in or could lead to proceedings you wouldn't have any right to see it until a judgment about whether anybody was going to be prosecuted had been made. Ring the police and ask them, John
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#3 Posted : 23 September 2005 15:42:00(UTC)
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Posted By Robert K Lewis I would give a definite no to that. The Police reply may be along the lines of why and then refer to DP legislation. That is if they are being friendly. Bob
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#4 Posted : 25 September 2005 09:09:00(UTC)
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Posted By steven bentham 1 Assuming your employee has not been the cause of the accident, your employee is only a witness. 2 If your employee is only a witness then the police should give him/her a copy of any witness statement. 3 If your employee has commited a criminal act then they are a suspect and will be interviewed under caution, which they should have access legal advice during the interview. 4 If you are undertaking work on the roads, such as traffic management then your company may have breached a number of legal requirements. If your employee has only been involved in an RTA as an accident, however unfortunate you should not undertake your investigation until the Police have finished. You will have no right of access to other witness statements or police reports or forensics. Ask them nicely if you can have a factual report afterwards.
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#5 Posted : 30 September 2005 11:16:00(UTC)
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Posted By Colin Womble Tracey The answer is yes you can obtain a copy of the police report. The charge is usually £62. In order to ascertain the correct police address to write to, I suggest you have a word with the claims handler at your insurance company - they will probabaly have the information close at hand. Insurers, solicitors and accident investigators are obtaining police reports all the time so you should not have a problem. However, the police report will only become available once all criminal proceedings are complete. This can take up to a year and you really need to get your enquiries underway as quickly as possible eg. visit site, vehicle inspection etc. Bear in mind also that the some constabularies only fully investigate road accidents if there has been a fatality, in which case they need to report to the coroner, or if criminal proceedings have or are likely to be taken. If not, all you will probabaly get are the Accident Cards. These are compiled for statistical purposes only. If statements from witnesses have been taken, these are usually included. You will be expected to pay extra for any photographs that are available or if as full reconstruction report has been compiled. This latter document can cost an extra £400-500. I would suggest that when you submit your request for the Police Report that you ask if any additional documents are available. You can then decided if you wish to purchase but otherwise, it can often be very difficult to tell from the Accident Cards alone if, say, photographs were taken. There is no standard format for Police Reports and each force has its own method of compiling them but data on the Accident Cards is common to all because it is fed via the STATS 19 system into the Road Accidents GB publications. Colin
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#6 Posted : 30 September 2005 12:29:00(UTC)
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Posted By TraceyS Thank you to everyone for your responses. Unfortunately, the accident has resulted in a fatality. We are investigating the incident with the information we have available. As it was not a company owned vehicle, we cannot get any information regarding the vehicle, service and maintenance history, etc. We are currently looking at developing a road safety policy and hopefully this incident will allow me to push it through quicker. Regards Tracey
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