Bus accident: Should we have made a police report?

[Saffron]

Due to the carelessness of a driver on the 172 bus route, my daughter had an accident two weekends ago. Should we have filed a police report? Can/should we file one late?

Brief details:

Driver was driving poorly the entire journey. At our stop, I had reached the bottom step from the upper deck with my 5 yr old daughter and husband behind me, both still on the stairs. The driver started to close the doors, while DH and DD were still on the stairs. I very clearly and politely asked him to hold the bus. Instead he accelerated catapulting my daughter down the stairs in a massive somersault smashing into the panel at the bottom of the stairs. DH then proceeded to have a massive argument with the driver who refused to give him any details, and denied that the accident was his fault. I got off the bus and took a picture of his registration plate. Another passenger got off behind us, and we have his witness details/mobile. The driver just sped off.

My daughter was crying her head off, and my main priority was getting her off the street and assessing the damage. She was sore and really shaken up. So were we to be honest, and we didn't think to file a police report. Should we have?

I have reported this to TFL, who stated they would pass it to Abellio (the bus company). I have followed up with TFL, stating that in light of the seriousness of the incident, I have requested to know what action Abellio takes. Now I'm dealing directly with Abellio, who asked me to restate my details. They have said that due to the Data Protection Act, I will not be able to know the outcome of the investigation/CCTV.

If we had filed a police report, would we have access to the investigation and outcome? Could/should we still file a police report?

We don't have any supporting medical evidence of my daughter's injury's because she didn't come up with a great deal of bruising, though she has complained of her legs being sore. However, I am deeply concerned about the carelessness of this driver. If my daughter had landed on her neck, can you image the post I would be writing now?!?

[JohnL]

Sue him :)

http://www.accidentclaimsweb.co.uk/bus-accident-claims

Edit: this was just the first no win no fee that came up - not recommending.

Probably helps any future claim if it is reported and any injuries noted I'd say

[Saffron]

Thanks. Am doing some online research now.

DH has just countered Abellio's DPA with the threat of an FOI, and now Abellio are getting squirrely, asking us exactly what it is that we want to know regarding the outcome. Well, surely we want to know everything! What legit reason would they have for being less than transparent?

I reckon at the very least we're entitled to the driver's name and ID, and a personal apology. However, I don't think it's being unreasonable to request the full details of the case. If Abellio does nothing more than slap its drivers on the wrist and send them back out on the road, I have a major issue with that.

[Loz]

I don't think you can hit Abellio with an FOI, as they are not a public body. You can go after TFL, though.

Likewise, there is nothing in the DPA to prevent them giving you the details of the result of your incident. Actually, you could probably do a DPA hit on them - known as a Subject Access Request - requesting all information they have on you (in particular, the specified incident, including the CCTV) for the princely sum of ?10.

https://www.gov.uk/request-cctv-footage-of-yourself

[Salsaboy]

What Loz said.

Then sue them.

[DaveR]

I'm pretty sure that employee info (which would include records of a disciplinary investigation) are exempt from FOIA. It may be that your only way to get the info would be via a civil claim; if contested it would be disclosable, I expect.

[Saffron]

Loz Wrote:

-------------------------------------------------------

> I don't think you can hit Abellio with an FOI, as

> they are not a public body. You can go after TFL,

> though.

>

> Likewise, there is nothing in the DPA to prevent

> them giving you the details of the result of your

> incident. Actually, you could probably do a DPA

> hit on them - known as a Subject Access Request -

> requesting all information they have on you (in

> particular, the specified incident, including the

> CCTV) for the princely sum of ?10.

>

> https://www.gov.uk/request-cctv-footage-of-yoursel

> f

Ok, interesting -- my initial complaint was to TFL, who then referred us to Abellio. So, who ultimately holds responsibility?

[Loz]

Saffron Wrote:

-------------------------------------------------------

> Ok, interesting -- my initial complaint was to

> TFL, who then referred us to Abellio. So, who

> ultimately holds responsibility?

I guess it depends on if Abellio has to report the result of the enquiry back to TFL. Maybe get in touch with London Travelwatch (http://www.londontravelwatch.org.uk/).

[Saffron]

Thank you xx

[buggie]

Would often see children & adults after these sorts of incidents in A&E - to confirm no serious injury, but does also give full report of alleged incident/injuries (even if minor) sustained.

Fingers crossed you get answers & hope your daughter is ok x

[Saffron]

In retrospect, I totally agree with you. I think we were just so shocked by what happened, and thankful that she wasn't seriously injured, that DH and I didn't think to take her to A&E to have a report filed.

As it stands now, we're going to follow up with TFL and Abellio until we're satisfied that appropriate measures are taken. xx