ford - Courtesy car when vehicle seized? | Legal matters | Back Room Forum

Tue 9 Oct 2012 22:19

ford - Courtesy car when vehicle seized? - pixie72

Need some advice please - sadly a week ago the other half was involved in a car accident involving a pedestrian. A young man attempted to cross a dual carriageway, running into the side of the car and, long story short, he is in a bad way in hospital. It appears that he may have been drinking, but that is really besides the point. It has been a terrible time for all involved but, much as I hate to even think about practicalities, we are now facing a real problem as the police have seized the car. The other half has not been charged with anything and all roads seem to be pointing towards the fact that there was nothing he could have done to prevent the accident - the police have been good enough to say that there doesn't seem to have been anything he could have done to prevent the incident. The car, however, won't be released until the hospital give the all clear which could be weeks or months. The car had just passed the MOT and there is no suggestion that there are any defects (it is only 4 years old and has less than 40k miles on it) - it has been explained that it is just procedure that the car is retained until the hospital give the "green light" which, God willing, they will at some point as it will mean the fella is out of the woods health wise. Whilst the main concern remains the young man's wellbeing, I am having to cancel important hospital appointments and to be frank, have no idea how I am going to get into work next week (I have a problem with my back that limits my walking to minimal amounts so getting public transport is not an option). The insurance company have said that they can do nothing about a courtesy car until the car is released - is there any point in pursuing this with them? Having to try and hire a car indefinitely would just financially destroy us. Any advice gratefully received.

Edited by pixie72 on 09/10/2012 at 22:19

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Wed 10 Oct 2012 02:08

ford - Courtesy car when vehicle seized? - happy polo

Very sorry to hear of your situation, I hope it is resolved soon. I would guess that perhaps your policy simply doesn't cover a 'vehicle siezed' scenario, and I personally would be reluctant to push too hard for a courtesy vehicle as many insurers see them as a handy way to rip off their customers - the last thing you want is for them to cheerily send you one and then follow it up with an eye watering bill afterwards.

I would push the Police officer in charge of the case for a rough timescale from the hospital. Yes, it's a shame the bloke is badly injured, but if he really did get p***ed and run straight out in front of your other half's car then he is entirely to blame for it and you shouldn't be suffering due to his stupidity. I'm not an overly harsh person, but I have to say if it was me I'd be mightily p***ed off! Assuming he pulls through, speak to your solicitor about his liability, you may well be able to persue him for stress and inconvenience caused. We're not talking about a small child here, we're dealing with a grown adult who willingly went out and got himself drunk and incapable; you are his victims here not the other way around, be sparing with your sympathy.

In the meantime, have you considered purchasing a (very) cheap runabout to tide you over, then move it on once your car is returned?

Edited by happy polo on 10/10/2012 at 02:10

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Wed 10 Oct 2012 08:59

ford - Courtesy car when vehicle seized? - Dwight Van Driver

Whilst I can understand why Plod would want to have the car in their possession for technical examination etc and unless that brought up some serious defect that indicates proceedings ahead as to why they retain the vehicle. Until hospital gives clearance?. Seems pedestrian seriously injured and outcome likely to prove fatal??? Even in that scenario if no defects with vehicle why retention?

Whilst I apprecviate I do not have the FULL facts of the case I would consider having a word with a Senior Officer at the Police Station concerned to try and ascertain on what statutory grounds the vehicle is being held.

Crime scene baloney should not wash from what posted.

dvd

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Wed 10 Oct 2012 10:09

ford - Courtesy car when vehicle seized? - bonzo dog

Have you a loegal protection policy on either your car or house insurance?

If so, I would be speaking to these people about legal action against the pedestrian to recover your costs including providing transport whilst your car is unavailable.

Let's face it, if it were another car we were talking about then, well, we wouldn't even be talikng about it, would we?

Good luck

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Wed 10 Oct 2012 11:42

ford - Courtesy car when vehicle seized? - skidpan

I cannot see why the hospital has any say over when the car gets released to you. The Police have siezed the car to search for evidence, once that has been done you should get the car back unless they find a defect or charge you with a crime, if that was the case they would keep the car as evidence..

The Hospital deal with sick people, the Police deal with the accident. The Hospital do not have any power over siezed vehicles.

Are you sure you have not missinterpretted what has been said or are not telling us the whole truth.

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Wed 10 Oct 2012 12:32

ford - Courtesy car when vehicle seized? - Avant

I'm quite sure Pixie is telling us the truth - why not when she's lookig for advice? - but I agree with DVD: what's the hospital got to do with it? I've never heard of asituation like this before: the police keep a car for their own examination or if ownership is in doubt, but there doesn't seem to be a need for retention in this case beyond the examination.

Pixie would probably do best to try to see a more senior police officer and explain her position: if this fails, then legal advice, or the Citizens' Advice Bureau, should be the next step.

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Wed 10 Oct 2012 12:48

ford - Courtesy car when vehicle seized? - thunderbird

Dam Internet Exploder.

Surely the Police cannot simply say that the Hospital decides when the car will be released, as all above have said that is not the Hospitals decision.

Edited by thunderbird on 10/10/2012 at 12:50

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Wed 10 Oct 2012 13:01

ford - Courtesy car when vehicle seized? - skidpan

I'm quite sure Pixie is telling us the truth

Never said she was not telling the truth - just seems very strange - has she ommitted to tell us a vital piece of information.

If the Hospitals do make the decision when the person is "out of the woods" what would happen if the person was in a coma for 10 years or more, would they keep the car until he recovered or perhaps died.

Edited by skidpan on 10/10/2012 at 13:04

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Thu 11 Oct 2012 19:49

ford - Courtesy car when vehicle seized? - pixie72

Skidpan - I can assure you that I have left NO vital piece of information out. My insurance company have said they have never come across a situation like this either but that every area's police can operate how they want. The police are basically just saying that, regardless of how long it takes (and I did specifically ask "what if this goes on for months on end") that they will be holding the car until the pedestrian is signed off by the hospital as being on the way to recovery. I too raised the question about the hospital's role, and why, basically, the police are putting the responsibility onto the doctor to make a decision based on what is not a health issue, but it is brick walls everywhere.

It seems we have no recourse at all - I have pleaded, I have been in tears and I have tried to explain the huge impact this is having on the basics (including vital hospital appointments that I simply can't afford to get taxis to attend having to be cancelled) but the police say to go to the insurance ombudsman and the insurance company say they can do nothing as long as the police have the car.

It would appear that, even when you are not at fault, your life is held hostage :(

Thank you everyone for taking the time to respond

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Thu 11 Oct 2012 20:26

ford - Courtesy car when vehicle seized? - skidpan

Sounds very odd to me. If the person is in a long term coma it could be years.

Surely the Police got all the evidence they required shortly after impounding the car.

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Sun 14 Oct 2012 18:07

ford - Courtesy car when vehicle seized? - Pyranha

It may not be the police themselves holding up release of the car, but the Crown Prosecutor.

I'm currently in a similar situation, except that the motorcyclist who lost control and hit my car, died at the scene. My car was seized and the Police have confirmed that all of their checks were completed in a couple of days. The only witness (m/c's partner, following on another bike) confirmed in two separate statements what had happened and I know that there is no prosecution to come, but the latest I have heard is that the Procurator Fiscal will not release any of the vehicles until a formal decision has been made on whether there will be a prosecution. It's been 6 weeks so far, and the bill for the car rental is adding up, as I need it for the commute to work, and for the usual family stuff.

It's almost laughable now but the response from both insurers has been awful - despite explaining the circumstances, I have repeatedly been asked why I didn't get the victim's details at the scene, and told by her insurer that they wouldn't do anything until she reported it.

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Mon 15 Oct 2012 16:30

ford - Courtesy car when vehicle seized? - Collos25

The police cannot operate how they want they must abide by the relevant procedure and law like everybody else.

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Mon 22 Oct 2012 22:51

ford - Courtesy car when vehicle seized? - focussed

Remember that every vehicle collision is now treated as a crime scene-the term "accident" is no longer in the police vocabulary. Various police forces do nowadays have widely varying procedures according to the whims and fancies of their chief constables-remember that idiot Brunstrom in north wales?

I suggest that the safest course of action is to seek a free half hour with a good solicitor-most law practices will do this. And check up on your house insurance as to whether you have legal insurance included-if you do, tell the solicitor- and no, you don't have to use the insurance company's solicitor.

The right words of wisdom from a clued-up solicitor in the police's ear may work wonders.

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Tue 30 Oct 2012 16:07

ford - Courtesy car when vehicle seized? - TeeCee

Remember that every vehicle collision is now treated as a crime scene-the term "accident" is no longer in the police vocabulary. Various police forces do nowadays have widely varying procedures according to the whims and fancies of their chief constables-remember that idiot Brunstrom in north wales?

IIRC the policy that every accident involving injury was to be treated as a crime scene, changing the focus from getting the traffic moving to stopping it for the duration, was put in place by that same Richard "I'm a motorist-hating nazi and proud of it" Brunstrom, while head of traffic policy at ACPO.

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Tue 30 Oct 2012 14:23

ford - Courtesy car when vehicle seized? - concrete

The police cannot operate how they want they must abide by the relevant procedure and law like everybody else.

The retention of evidence is virtually sacrosanct on the grounds that vital evidence once lost cannot be regained or used in court. I think there is confusion here. The police are actually saying they will not release the vehicle until the patient is bound to recover and no further action is considered.( i.e an inquest) That of course is decided by the hospital. Be that as it may, pixie needs to take steps to improve her situation.

Firstly, you need to establish if the person who ran into you has the means to reimburse your costs. You cannot get blood from a stone! Has he public liabilty cover on his household policy? Is he employed and has some financial means? If he has then you may be able to hire a small and low cost vehicle to tide you over, then recover the cost later from him, through your policy legal cover or the small claims court. If not, then that leaves you very little room to manouvre. I think you would be unable to claim on your own insurance unless there is significant damage that requires repairs, in which case you will get a courtesy car. You are in a pickle and I feel really sorry for you. You seem to be trapped in a most unfortunate situation, not of your making, but are reliant on other factors to determine the outcome. Perhaps a friend, neighbour or relative can step in and help until the situation is resolved. Perhaps a deal with a local minicab company for regular use will make it more affordable. Near here there is company called 'rent-a-wreck' who do car hire with older vehicles provided you stay within a 25 mile radius, and it is very cheap. Have a look around where you are. Wish I could help more. All I can say is keep your chin up and try not to worry about a situation that is not in your control. Best of luck. Cheers Concrete

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