getting information

[smiley]

Hi all

It has been a while since I posted. I need a bit help and advise if there is anyone who could assist.
Briefly, I was involved in an rtc not my fault, don't know what really happened..

Hubby has been told that the police report (which took 10 months) is now done and the person is going to court... Hubby requested the report and was refused (his policy but I was driving alone) so not allowed to have it.

I myself have now asked our insurance company if they can post this report to me.. All I keep getting is WHY do I want it, you don't need it, others can deal with, you don't need anything....

Can anyone tell me if I am by law or policy entitled to received and look at this report about me too that was done by police....
I have been calling and it is now to a point where I don't even know what to say anymore, and end up trying to not stress out just at at the thought of hearing/thinking of the insurance companies name..let alone talking to them.

My last thought is trying to find an email and ask in writing but again they have put down all my requests don't know even how to word it..

Can anyone help

Thanks all.

 

[JonnyG]

hi .. going at face value here but if it is a police report and the person is going to court ,would this police report not be part of the prosecuting teams evidence? would assume this report isnt readily available except maybe to a defense team, for now .

 

[smiley]

Hi Jonny

thanks for replying. This may sound stupid but I don't know..

It's only what the insurance told us. the words used were "is gone to court" this is what they say police said...wasn't very clear... rang police they said talk to your insurance they don't get involed??
If cases like this that go to court don't they notify all involved?
Having never been in this situation I don't know and police clearly don't want to give information too..
I didn't ask them to get involved!! just asked for report..

 

[Parksy]

Hi Smiley
I'm not a legal expert but if the matter is going to court the police report might be considered to be a witness statement if the defendant was interviewed under caution.
A defendant is presumed to be innocent until proven to be guilty so if you are considering taking legal action with a view to a damages claim you would have to wait until after the court case to establish guilt or innocence.
I would imagine that your insurers would pursue any claim from you so you probably shouldn't worry too much, and if you are interested you could attend court to see the case being heard.
There is more information Here, scroll down to read the paragraph on 'Statements made by a defendant'

 

[Raywood]

From dealing with the insurance claims the police reports were available to us by writing to the chief constable of the force at their headquarters and solicitors involved for either party got them as well but there is a charge. We would send copies to anyone who had a reason to request them although very few did, usually the solicitors acting for our insured. I am not sure who you spoke to at the Police but they probably do not deal with these requests which will go to a department at headquarters. If you want one write to the Chief Constable and ask for one. Only parties with an interest can get one, so you as the driver and your husband as the owner have relevant interests so should be able to get one. If you prefer not to pay and your insurer refuses you could send in an official complaint which will have to be escalated and a specific reason given to you I cannot see you have no reason to ask for it is sufficient.

 

[Keefanmaxx]

Hi Smiley, it sounds like your RTC was serious hence the length of time to complete the report. From my experience of working with the Police through my own job, the collision investigation takes place following 'life threatening' or 'life changing' collisions and involves collection of witness statements, looking at CCTV, examining the vehicles involved aswell as the initial post collision scene work. If offences are identified the reports become part of the evidence presented in court, which therefore limits who sees it.

While I'm no legal expert, Your insurers will deal with the claim and loss recovery through the 'other parties' insurers or at least that's what I would expect from my insurers.

You should be able to obtain a reference number from the Police for the investigation that may help you get a copy.

I hope you get a resolution to this, I have no doubt how frustrating it must be for you.

 

[Thingy]

Isnt there a provision under law whih gives you access on request to any information a public body holds on you, as long as it neither contravenes the OSA and is not against public interest?

 

[RayS]

Freedom of Information Act ?

 

[Raywood]

The act gives you the right to the information on you but in an accident report a lot would not be on you.