Jump to content
House Price Crash Forum

Archived

This topic is now archived and is closed to further replies.

xian

Road Traffic Law

Recommended Posts

I was hoping people might be able to give me advice on the following:

In december, a car rear-ended me on a roundabout. She was aggressive and did not give me her insurance details. She did not take mine, although I would have advised her of them if she had asked / been reasonable enough to hold a conversation.

Both of us (!) called the police, who did not want to visit the scene of the accident since the road was not blocked, there were no injuries, etc.

The other driver drove off first. I called the police when i got to my destination to report her leaving without giving me her details. I was in an unfamiliar area, and had called the wrong police station, so they redircted my call. I spoke to a different police station who advised that since I was in the area only briefly, was due at a wedding! and didn't even know my way around, and was leaving the area the next morning, I could report the accident when back home a couple of days later.

I also reported the incident to my insurance company.

Once back home after a few days, having calmed down, there was such a minimal amount of damage to my car, I decided it wasn't worth pursuing a claim against the other driver, (plus I had other more important things on my mind).

Anyway, today I got a letter from the police in that area, requesting my details saying I failed to stop / report an RTA!!!

Not sure where I stand on this. My mobile phone records show I made calls to the police and my insurance company immediately after the accident, and my insurance company took down that the other driver failed to give details and also left the scene before I did, and noted her registration number which I captured.

I figured I only needed to report the accident when I got home if I wanted to get a crime reference number to pursue any claim (which I couldn't be bothered with). No-one was hurt, there was no damage to any property, and it was the other driver who rear-ended me!

Any advice? Am I at fault because I didn't get a crime reference number / report fully to the police when back at home?

thanks in advance.

Share this post


Link to post
Share on other sites

Dear Zian,

I’m not a lawyer, but I do know a little about procedure. When you report an incident to the police all telephone conversations are recorded and these can easily retrieved by them. It is also possible for them to access phone records as evidence and I believe a defence solicitor has the right to view these under a provision know as `disclosure’

I don’t think you would be issued with a crime number as in your case there is no victim as you do not wish to pursue damage to your vehicle due to her carelessness.

I also think you’re embroiled in some sort of administrative error. Write and ask for a full explanation from the officer in charge or the prosecutor. Politely make a big fuss and see what happens.

Better still have a word with your solicitor if principles are worth more to you than money.

Hope this helps

` bless’

Foxy

PS like your avatar… I see them when I’ve had a few…. Well more than a few

Share this post


Link to post
Share on other sites

If you have mobile phone records of having phoned the cops at the time of the accident, then phone them and politely invite them to get their ****ing act together. There is clearly no question that you left the scene of the accident.

The Highway Code has this to say about giving your details at an accident:

"260: If you are involved in an accident which causes damage or injury to any other person, vehicle, animal or property, you MUST

* stop

* give your own and the vehicle owner's name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them

* if you do not give your name and address at the time of the accident, report the accident to the police as soon as reasonably practicable, and in any case within 24 hours.

Law RTA 1988 sect 170

261: If another person is injured and you do not produce your insurance certificate at the time of the accident to a police officer or to anyone having reasonable grounds to request it, you MUST

* report the accident to the police as soon as possible and in any case within 24 hours

* produce your insurance certificate for the police within seven days.

Law RTA 1988 sect 170"

Did she give you her name and address? If not, she has broken the law. Since neither of you were hurt, she was not apparently (as far as I can see) obliged to give you her insurance details. You are of course within your rights not to persue her for the cost of the minor repairs to your car.

All in all, IMO this stinks. If I were you I'd go all out to get the police and the other driver- or basically whoever is responsible for sending you a letter so demonstrably bang out of order- into as much trouble as possible. The other driver should have given you her details, the police should have attended the scene of the accident- simple as that. Take them all down. Good luck :).

Share this post


Link to post
Share on other sites

Dear Rave

I’m still inclined to think that this is a clerical error if Zian has received a summons of failing to report if she had a conversation with the other driver and exchanged insurance details. The fact the other driver reported the incident counts as if Zian had reported it as any responsible adult can report it on her behalf. Zian simply has to say that the other woman agreed to report and she left under that understanding, in which Zian can plead guilty as it is not a criminal offence and is a requirement under the road traffic act.

What I think what could have happened is the other driver had second thoughts about the accident and reported it later, as to obtain a crime number to claim on her insurance so she does not lose her no claims bonus.

I don’t think there is anything sinister about the police pursuing this because failing to report suggests that there is a more serious crime connected with it, either before or after the incident on the understanding that nobody would tarry over a minor incident whilst trying to escape a more serious crime. For instance the driver may be over the limit, or at the same time a body is reported lying in the road just around the c

Share this post


Link to post
Share on other sites

I was in a very similar situation - a car drove into the back of me, guy got out and shouted and ranted that it was my fault, and that he hadn't actually hit my car anyway (he clearly had). Then he claimed that he might have hit me but that he had caused absolutley no damage whatsoever (it was dark). He got in his car without giving me any of his details. I was with a lawyer at the time who took down his number plate and logged it in his mobile phone while the guy was ranting at me. This happened in central London.

The next day I was home and reported the incident to my insurance company who told me to report it to the police. I had to do this twice - once to the Met and once to my local force. That took a whole day to complete. Once they had the police reports they were able to trace the guy who turned out to be driving a company car. They pursued him and the company for my uninsured losses (and the repair costs which came to over £1000).

His insurance company refused to pay up so the case went to court, believe it or not, exactly one year on from the accident. The judge was clearly very angry that his insurance company had bothered to send a barrister from London to defend them and made comments about how that's why car insurance goes up every year! She dismissed the case as a clear hit and run and awarded me all my uninsured losses and much more on top (it was actually quite funny). Needless to say, the other driver didn't turn up for the court case.

Share this post


Link to post
Share on other sites

thanks for your replies!

I managed to speak to the officer who sent me the letter today, and she sounded quite happy that my mobile phone records would prove I did stop, and did report.

Am now plotting to go after nasty driver who said I failed to stop which was a lie, and do her for the damage caused to my car after all....

Share this post


Link to post
Share on other sites

Am now plotting to go after nasty driver who said I failed to stop which was a lie, and do her for the damage caused to my car after all....

I would. If she gets away with it she'll probably do it to some other poor bugger sometime soon. If she'd been nice I'd have been inclined to amicably agree something if the damage was that minor but someone who is agressive and refuses to give their details when it's their fault deserves everything they get.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.