N/A - Car seized for being a witness to an accident - ts791

This is a bit of an odd one. I was driving home the other night along a stretch of road that goes from being a 2 lane carriageway to a single lane. Once it went down to a single lane a young lad approached at speed, pulled past into the now painted off second lane, realized there were bollards in the middle of the road and a couple of car lengths in front of me tried to pull back in but lost control of his car and had a crash. I stopped, called the emergency services and with other people who had stopped dealt with the situation until the proffesionals arrived - unfortunately the lad is in a bad way. I left a brief statement with a police officer and was told I was free to go but someone would be in touch for a full statement.

The following day I get a phone call but it's to provide my vehicle to be examined just to eliminate it from any involvement which I'm told may take a day or 2. I'm not overly impressed but I figure if it helps put the lad's families mind at ease fair enough. When they come and collect the car I am then told it may be up to a week before I get it back as it's not going to be that high a priority looking at a car with not a scratch on it. Again inconvenient but thinking the Police's job is hard enough I don't make a fuss but ask that they try to get it me back for the start of the following week (I was able to borrow a company pool car in the meantime) the only paperwork I am given is a leaflet for vehicle accidents with the incident number and the officers details on - nothing in any way official.

By the weekend my company tells me they need the pool car back monday to be used elsewhere. So I try to get hold of the officer but he's not in again until monday. Monday comes and he gives me a call, they've looked at my car and they are happy but because the lad is still in a poor state they have sent out a letter to his insurance company to see if they also want to look at my car (that wasn't even involved in the accident!) and the insurance company has 28 days to respond. The officer suggests i speak to my insurer who may provide a courtesy car and claim it back off the other parties insurance. I speak to my insurer and they are as befuddled as everyone else I speak to but try to be helpful saying they will speak to higher ups as they have never come across this and take the police officer's number to speak to him too. They get to me a few hours later and are very sorry but as my vehicle hasn't actually been in an accident there is nothing they can do (understandably).

So I ring the officer back but he is now presumably off duty. I send him a txt explaining the situation and that I am now left without a vehicle to get too and from work 30 miles away, as far as I'm concerned if the police are happy and I have fulfilled any legal obligation on my part so I'd like my car back, if the lads insurers want to look at the car that's fine but they need to provide me with a courtesy car in the meantime.

I call the officer the next day and he is sympathetic but hasn't the authority to release the car, he needs to speak to the chief investigating officer who is off until tomorrow, in the meantime he will try to speak to someone else to see if they can release the car...He rings back later to say no they can't. He has sent an email to the investigating officer who will be in at 7am, I can also try ringing the incident line at that time quoting to the incident number to get hold of him.

7:30 I ring the incident line, give them the incident number and they have the contact details of the officer I already have been speaking to but don't know who is boss is. Oh and the officer I was speaking to is now off for the next 10 days. They'll try to track down who the other officer is and be in touch.

N/A - Car seized for being a witness to an accident - Avant

This is outrageous: the police record all statements and they are perfectly capable of finding someone to deal with a case if the original officer is off duty.

I'm not an expert in these things - maybe someone who is will be along soon - but I'm not sure what right they have to impound your car if it wasn't involved in the accident - which the original officer at the scene must have noted.

It doesn't help you now, but we need to rememer that if we are ever in this situation we should of course allow them to examine our car, but make an appointment to take the car to the police station and stay with it while it's being examined.

For now, if you have time, go in person to the police staion and demand to see a senior officer and for him/her to sort it out. There will be someone there senior enough to authorise release of the car if the junior officers can be bothered to find them.

N/A - Car seized for being a witness to an accident - concrete

ts791- what a model citizen you are, and look at the thanks you get for it. The police fully expect our cooperation and it is right that we give it, but when they take the' proverbial' like this it makes it less likely you will cooperate in the future. What a cheek. I don't know what the rules of evidence demand but I suggest they are being streched to the limit here simply because they can't be bothered to expedite the case properly. If I were you I would start making waves, and the more unfortable you make it the quicker the action. Start with your local councillor who should be able to access the police watch committee. At the same time a recorded delivery letter to the Chief Constable and the Assistant Chief for Traffic and the Superintendant in charge of the station you are dealing with.Send a copy to the Editor of your local newspaper and indicate on all letters that you have copied other people in. Just stick to the facts and be polite and succinct and I bet within days you have a reaction in your favour. Best of luck and remember ' Nil Iligitimi Carborundum' Concrete

N/A - Car seized for being a witness to an accident - ts791

Thanks for the comments and advice. I managed to eventually get my car back on the day I posted the message - the officer I had been dealing with sent a text message with his sergant's details so I finally managed to get in touch. Think it was the system I was fighting rather than the individuals involved as whenever I managed to speak to them they did try to help. It was suggested by different friends that I go to the media but I didn't think it fair on the family of the lad as they had enough to be dealing with. Back on the road now anyway. Just hope the lad recovers.

N/A - Car seized for being a witness to an accident - LucyBC

Any vehicle potentially involved in an accident can potentially be retained by the police. They should do what they can to expedite matters.

Potentially you had a claim for replacement car hire or loss of use from the insurers of the vehicle the police finally deem responsible for the accident, but I don't know of many people who would supply a credit hire in such circumstances.

You might succeed in a loss of use claim if you brought one against the Chief Constable. It would be about £15 a day.

In any event I think they owe you an apology.