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    Driving Illegal...

    Adam Mint
    Adam Mint
     
     

    Scotland Male Posts : 21653
    Join date : 2011-10-07
    Age : 54

    Driving Illegal... Empty Driving Illegal...

    Post by Adam Mint on Tue 5 Nov 2013 - 14:18

    I actually agree with this, have allways thought it wrong that someone gets the book flung at them when involved in an accident because their a bit over the drink drive limit, going bit to fast, got a bald tyre, or as in this case not insured,,, yip, throw the book at them for what the did wrong, but don't blame them for the accident if it was not their fault, it's a bit like the law the cycling nutters are trying to get through at the moment, in that all motorists are deemed to be at fault if involved in an accident with a cyclist,,, no, no, no, you twats, you run a red light and get hit by a car, it's your own feckin fault...

    http://www.bbc.co.uk/news/uk-scotland-glasgow-west-24821758

    Angry3
    Mischief Maker
    Mischief Maker
     
     

    Scotland Female Posts : 896
    Join date : 2011-08-24
    Age : 35
    Location : Scotland

    Driving Illegal... Empty Re: Driving Illegal...

    Post by Mischief Maker on Tue 5 Nov 2013 - 14:28

    yep agree - if the accident was due to them speeding, over alcohol limit, under the influence of drugs etc then charge them for all they are worth
    BUT if the driver is in an accident which has been caused by someone else, despite the fact they were speeding, drunk, uninsured... then i don't think it is fair to charge them for the accident or consequences thereof, just the initial infraction



    Driving Illegal... Images_zpsfa2cf0d0
    3rdforum
    3rdforum
     
     

    Ireland Male Posts : 21947
    Join date : 2011-08-30
    Age : 49
    Location : Ireland

    Driving Illegal... Empty Re: Driving Illegal...

    Post by 3rdforum on Tue 5 Nov 2013 - 14:35

    Dunno bout that.. He shouldn't have been on the road in the first place.






    Mischief Maker
    Mischief Maker
     
     

    Scotland Female Posts : 896
    Join date : 2011-08-24
    Age : 35
    Location : Scotland

    Driving Illegal... Empty Re: Driving Illegal...

    Post by Mischief Maker on Tue 5 Nov 2013 - 14:40

    i know what you mean nothing is black and white and it all depends on context - in this case, he mounted kerb and hit them so he is to blame for their deaths regardless of insurance or not
    had he been insured he could have still hit them and would indeed still be to blame



    Driving Illegal... Images_zpsfa2cf0d0
    Adam Mint
    Adam Mint
     
     

    Scotland Male Posts : 21653
    Join date : 2011-10-07
    Age : 54

    Driving Illegal... Empty Re: Driving Illegal...

    Post by Adam Mint on Tue 5 Nov 2013 - 14:46

    3rdforum wrote:Dunno bout that.. He shouldn't have been on the road in the first place.
    Agree, but charge him with what he done wrong, not something like causing death while driving with one number plate light out...
    Adam Mint
    Adam Mint
     
     

    Scotland Male Posts : 21653
    Join date : 2011-10-07
    Age : 54

    Driving Illegal... Empty Re: Driving Illegal...

    Post by Adam Mint on Tue 5 Nov 2013 - 15:29

    I think the test case quoted in the article which the decision was based on says it all, where it was agreed that Michael Hughes James who was uninsured and without licence was not at fault in any way when drugged up James Dickinson drove in to him killing himself, yet, it is Michael Hughes James that is charged with causing Dickinson death, all because he is not insured...


    The laws an arse, sort it...


    PS; I have no sympathy for uninsured drivers, have fell foul of them once, female rear ended car, about three hundred pounds worth of damage to my car, not much in today's terms but was a lot at the time, we swap insurance details etc, turns out insurance details she gave were a load of shite, I was only third party fire and theft, but had legal costs protection on policy, bought parts and repaired car myself, paying a mate to do paintwork, pursued a claim through the small claims court via the legal costs protection thing I had on my insurance, won the case, but she still did not pay up, bailiffs were sent in, report came back she had nothing worth selling and that there was no point in perusing the matter any further...


    Police were not involved at time of accident, so she got off scot free...

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