NSW Son Involved in Car Accident - Take to Court?

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

mainy

Member
3 November 2016
3
0
1
My son was recently in a minor car accident due to a pedestrian and his 2 friends,one of which was walking onto the road swinging a bottle in the air. The car in front saw what was going on and happened to slow down and my son was driving the car behind. He turned to see what the pedestrian was about to do and he drove into the back of the car in front of him. Behind my son were 2 motorcyclists who had to swerve so as to not hit my son and one of the motorcyclists drove over what happened to be the thrown bottle.

While this happened, the pedestrians were filming on their phone from the start to the finish of the accident. Both drivers were happy no one was hurt and the car in front had not been marked, but my son's car was quite smashed up, but nothing he couldn't fix, both motorcyclist were also ok. All parties were happy to leave and found there was no cause to call police.

Exactly a week later, the pedestrians took their footage to the police and now they have charged my son with negligent driving, has lost 3 points and charged him $433 fine. The police are also wanting to charge the other driver also.

The police are stating my son was charged because he didn't call it in to the station. I know of 2 incidents just in the past 6 months where the people involved didn't inform the police.

Can I take this to court? My son has made a statement but they would not allow him to see the footage.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,326
1,001
2,894
Can I take this to court?

No, but your son can. Suspect son is negligent (didn't stop in time, failed to keep a safe distance). The additional problem you have now is the statement your son made to the police.

With no injury and no traffic hazard your son is under no obligation to report the matter to police. No liability and no offence can be attached to not reporting this matter.

As the police presumably have a video of the accident they may see this as an easy win to boost their conviction stats. Looks good on the monthly reports.

If it was me, I'd elect to take the matter to court, forcing the police to show the video evidence and disclose the statement. He may well have admitted fault in the police interview, albeit unwittingly, which means police wouldn't have to rely on the video evidence in which case plead guilty with mitigating circumstances. Fine can be reduced at court (or increased).
 
  • Like
Reactions: mainy

mainy

Member
3 November 2016
3
0
1
No, but your son can. Suspect son is negligent (didn't stop in time, failed to keep a safe distance). The additional problem you have now is the statement your son made to the police.

With no injury and no traffic hazard your son is under no obligation to report the matter to police. No liability and no offence can be attached to not reporting this matter.

As the police presumably have a video of the accident they may see this as an easy win to boost their conviction stats. Looks good on the monthly reports.

If it was me, I'd elect to take the matter to court, forcing the police to show the video evidence and disclose the statement. He may well have admitted fault in the police interview, albeit unwittingly, which means police wouldn't have to rely on the video evidence in which case plead guilty with mitigating circumstances. Fine can be reduced at court (or increased).


Thanks Rod, I understand all that and know that my son told the story exactly the way it happened and did not admit to any faults, only that he took his eyes off the road because someone was coming at his car with a bottle.

The main thing I'm damn cranky about is the pedestrian with the bottle. Why does he get away with causing this problem in the first place and can he be charged, may I add the footage was filmed by a convicted, yes, convicted paedophile?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,442
773
2,894
Sydney
Is your son 18 or older?
What licence is your son on?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,326
1,001
2,894
why does he get away with causing this problem in the first place and can he be charged,

This is a question for the police. It can be argued he caused the accident. Throwing a potentially lethal object at a moving car is an offence.

footage was filmed by a convicted YES convicted paedophile

Not relevant, no matter how reprehensible.