You'd think the police would have powers to do this???

[Bluecray]

I was out in my classic mini (1986) Friday night going through a town with speed bumps,  was watching Mr  BMW toss pot behind me, all was well, following me safe over three  speed humps then all of a sudden,  he rear ends me badly caving boot in totally.

From his body language I felt he wasn't being truthful to me he just held his hands up high and said "I Don't know what happened ""

Down at police station I asked if they could investigate his mobile records to which they said no unless I actually saw him!!!

Very poor methinks he could have been done for driving without due care and attention. Though it doesn't really help me insurance wise,  I'd just like to get my own back on him.

[littlejohno]

Re the investigation to the rtc was anybody injured !!.
He's rear ended you so he's liable full stop and technically driving without due care.
The general thought will be it's his fault he's loosing no claims and if no injuries it's not in the public interest to pursue a prosecution.
If the accident was investigated phone records could be obtained but you would need a good time line to compare to

[JoeRock]

Re the investigation to the rtc was anybody injured !!.
He's rear ended you so he's liable full stop and technically driving without due care.
The general thought will be it's his fault he's loosing no claims and if no injuries it's not in the public interest to pursue a prosecution.
If the accident was investigated phone records could be obtained but you would need a good time line to compare to

That rule about rear ending someone and being fully liable has actually been changed now - it's all about the circumstance, although in this one he does sound liable. Was due to a woman randomly braking hard in front of a biker at 70mph, usually the biker would have been at fault, but the court decided he braked and swerved as hard as could be reasonably expected, and applied full blame to the car in front.

[littlejohno]

Anything can be argued at court it's a different burden of proof to a simple etc where you rear end somebody

[chaz]

put a claim in for delayed whiplash, with the money you get send the "boys" round, that way you will get your own back, lol.

[Lawrence]

Just say you think you saw him on his phone.

[JZS 600]

If it goes to court you can ask for his phone records, I believe.

[BIG MAC]

My BMW has voice activated Bluetooth which runs through my phone...I can use it without touching it...legal or illegal...discuss

[Lawrence]

My BMW has voice activated Bluetooth which runs through my phone...I can use it without touching it...legal or illegal...discuss

Legal if you can do it without touching the phone, as far as I'm aware.  Not sure how relevant it is though.

[Bluecray]

A workmate said to me a mobile should be switched off in car - no distraction then whatsoever ……………:

[littlejohno]

You can touch the phone as long as you are not holding it handsfree is fine it then comes down to data communication

[Lawrence]

A workmate said to me a mobile should be switched off in car - no distraction then whatsoever ……………:

Doesn't have to be, legally.  Does he also not have the radio on and ban any passengers from talking?

[Dave48]

Some years back I drove (mainly lge Mercedes vans-occasionally small trucks)all over the UK and I am ashamed to admit we used hand held mobiles. When the law changed we fitted blue tooth kits and during the last year before I retired I had a brand new Sprinter with all the bells & whistles-there was a "central console" in the dash which functioned as sat-nav,audio system & phone monitor. All controls were fitted on steering wheel so it was possible to have hands free conversations with base/whoever but gradually the company realised that it was better to phone us drivers and the caller display list would enableus to return calls when safe to do so. My own experience tells me that engaging in phone conv while driving takes concentration away from road due to the "overload" on the part of the brain involved. Listening to the radio/music or talking to passengers has never been a problem-if a situation is developing on the road I simply stop talking!
I know youngsters feel incomplete without the fone/ipod/whatever but can you tell me why I constantly see young lads & especially lasses stopped at traffic lights texting away & oblivious to traffic light changes. This must be one of the least enforceable laws introduced. Saw double decker bus driver using his mobile while driving the other day ffs! :eek

[BBROWN1664]

I cannot understand why people do not use handsfree. Many new cars have it fitted as standard and even where its an option, a parrot kit is less than £150 fully fitted.

Failing that, every feccin phone comes with headphones to make it handsfree anyway. No excuse for holding a phone whilst driving. Got to go now, the traffic is speeding up!