NSW If I inform the police of a person who is driving an unregistered car and they do nothing - if there is an accident are the police liable?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

philip_rhoades

Active Member
9 October 2020
11
0
31
People,

I think the subject pretty much covers it but it seems strange to me that police don't seem to interested in this dangerous situation and haven't done anything about it. If something bad DOES happen - shouldn't the police bear some of the responsibility? What should I do if that happened?

Thanks,
Phil.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
You've reported it?
Made a formal statement yourself, with sufficient details to sustain an infringement?
You've done all you need to do.

Even if the police do ever infringe this person, they won't tell you.
Move on.
 

philip_rhoades

Active Member
9 October 2020
11
0
31
You've reported it?
Yep.
Made a formal statement yourself, with sufficient details to sustain an infringement?
I provided a copy of the online rego check that shows the car's rego ran out more than a month ago . .
You've done all you need to do.
Right.
Even if the police do ever infringe this person, they won't tell you.
Move on.
But my Q was: what if they DON'T infringe this person and there is an accident - that means the Third Party is not covered by insurance and could be severely disadvantaged through no fault of their own. If the police could have prevented a problem like this then they SHOULD have. I can see that if they don't admit that they were forewarned themselves then no-one else is going to know about it and be in a position to complain about it - but seems like a major flaw in terms of professional responsibility / fairness / justice?

Thanks for responding!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
Insurers can and do sue non-insured parties to recover their loss.

The police have no role in the insurance aspects.
 

philip_rhoades

Active Member
9 October 2020
11
0
31
OK, but if the police were proactive, the person would have probably been too scared to drive while the car was unregistered then there would have been no accident (with potentially fatal or permanent disability consequences) and no insurance issues? Prevention is better than cure etc? Police inaction in that situation still feels like professional malpractice to me . .
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
You're very curious and busybody minded for something you are no longer a part of.
What's the back story here?
 

philip_rhoades

Active Member
9 October 2020
11
0
31
Well I have had previous interactions with this person behaving illegally - although not on the same scale as driving an unregistered car for an extended period. However I am somewhat astonished to find that the police don't seem to really care or be interested in taking some sort of preventative action - maybe I am naïve . . maybe their behaviour is not inconsistent with say that of Councils, Road authorities etc - waiting until an accident happens before dealing with a dangerous intersection or road problem?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
Who is this person in relation to you?
And why are you so concerned about them?

Reality check - as long as you are comprehensively insured,
then what they do is pretty much not your concern.
 

philip_rhoades

Active Member
9 October 2020
11
0
31
> Who is this person in relation to you?

Why does that matter?

> And why are you so concerned about them?

I am concerned about minimising dangerous illegal activity and this was something that I became aware of. I am also grateful to other people who help prevent dangerious illegal activity.

> Reality check - as long as you are comprehensively insured, then what they do is pretty much not your concern.

Reality check - I don't agree and your statement doesn't make any sense - even if I was the person damaged / killed in the accident (see my previous post). As citizens, we should all be concerned about minimising dangerous, illegal activity. You may have heard of CrimeStoppers? - or do you advise people that they should not contact CS because it isn't their business?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,815
711
2,894
Sydney
Why does that matter?
In your case - The fact that you evade the question by replying with a question tells me that it does.
I am concerned about minimising dangerous illegal activity and this was something that I became aware of. I am also grateful to other people who help prevent dangerious illegal activity.
And you appear to have done all you are willing to do. Which is perhaps not all you can do.
Reality check - I don't agree and your statement doesn't make any sense
Disagree at will. That won't make you right.
... - even if I was the person damaged / killed in the accident (see my previous post). As citizens, we should all be concerned about minimising dangerous, illegal activity.
The ordinary private citizen does that first and foremost by keeping their own nose clean.
And, from time to time, bringing offences to the notice of police.
To the extent that it's any of your business, you've done all you're willing to do.

As to police not being interested, that's their operational decision to make.
And even if they do act, such as by issuing an infringement, they have no obligation to "report back " to you.