Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Leaving the scene of an accident?

    I will try and keep this short...

    My husband parked his car when he went to work yesterday, while it was parked it was hit by a large van and it has caused quite substantial damage, fortunately he works in a cctv/security centre and the building is surrounded by cameras! He has looked at the playback and it turns out it was hit by a TNT van, I'm just wondering has this guy actually committed a crime by driving off and not doing anything?

    They won't be able to dispute it was their van that caused the damage because for one it was caught by about 3/4 different camera angles and also our car is covered in orangeicon paint!

    Hubby is about to give them a call and would like extra ammo to throw at them!

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  2. #2
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    Default Re: Leaving the scene of an accident?

    I was told by the Police once that I may have committed a criminal offence (any more than "MAY" would have to be decided by a court) by leaving the scene of an accident, and/or not reporting it within 24 hours.


  3. #3
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    Default Re: Leaving the scene of an accident?

    The law provides that a person must stop after a RTI wherby damage is caused to another car, person,other property, cattle, horse, ass, mule, pig, dog, oxe or goat ! (CHAMPSDOG).

    The definition 'stop' means a bit more than literally stopping. The driver is expecting to give his details to all parties who reasonably require them. Perhaps the driver gave his details to the store ? (unlikely I know).

    Maybe he gave them to a Police station within 24 hours?

    I would report the matter to Police as a fail to stop RTI.

    FP


  4. #4
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    Default Re: Leaving the scene of an accident?

    Thanks Funky Parrot, the video shows him crashing into the car, getting out of his van having a look, then getting back in and driving off!!


  5. #5
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    Default Re: Leaving the scene of an accident?

    What we don't know is whether the driver called in the accident to his depot at
    the time, or reported it to his local police station at the end of his shift, or did
    nothing at all. Certainly he would have to explain something to his firm as I
    assume the van was also damaged.

    Whatever he did, or didn't do, you have the video-you do not need any more ammo.
    And if he didn't report it, that does not help your case-it just means he may be
    charged by the Police with an offence.


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    Default Re: Leaving the scene of an accident?

    --


  7. #7
    Lueeze
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    Default Re: Leaving the scene of an accident?

    I say they guy obviously KNEW what had happened, report it to the police, as also I think you have to do this for some insurance ploicy clauses if it is an "unknown" person who did the damamge....I would be So angry, Let us know how the call went!

    Lou x


  8. #8
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    Default Re: Leaving the scene of an accident?

    Quote Originally Posted by sean5302

    If Mr TNT truly didn't know, no offence has been committed.
    I think you need to read the posts above. Getting out, having a look and driving off would suggest he was perfectly aware.

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  9. #9
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    Default Re: Leaving the scene of an accident?

    --.


  10. #10
    Lueeze
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    Default Re: Leaving the scene of an accident?

    Hmm thats VERY unlikely, he could have tried to do this only IF they didnt have CCTV footage, but he has no hope in hell of toeing that line now! He KNEW he may have hit something and as the OP said the car had orangeicon paint right down it, so theres no room to squirm on this I think the OP has a VERY strong case!

    Lou x


  11. #11
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    Default Re: Leaving the scene of an accident?

    --


  12. #12
    Lueeze
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    Default Re: Leaving the scene of an accident?

    Yes and surprisingly, my last company used TNT to deliver mobile phones to customers, we only used them on saturday deliveries and royal mail on weekdays.

    About 40% of customers using TNT either didnt get there phones (they were convienntly 'lost') or never turned up on the saturday, which was why the customer paid extra for this service in the 1st place!

    They are cowboys in my opinion, from past experience.


  13. #13
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    Default Re: Leaving the scene of an accident?

    --


  14. #14
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    Default Re: Leaving the scene of an accident?

    Hiya
    read the thread as as a delivery driver, i know if i said my van was dented when i got back to it i didnt have to pay. but no im to damn honest lol

    he wont be saying he hit the car he will say he returned to it and it had a hit and run.

    Ring the police report it.
    Ring your insurance compnay
    and for extra info ( but your insurance would do this)
    Ring TNT and get thier insurance company.

    How bad was the dent on the van, could you see it? or teh number plate.

    If the depo was close to my home, i would drive thier and look for the van, if necessary i would drive in and see a manager ( note his name) and show him the damage, Then explain about the CCTV.

    The managers and drivers in these compnays run round like nutters on time scales and anything you request may sit on an in tray for a few days.

    Also if there are any! corners in this situation tehy will make sure they cut round them, So Do what ever you have to do to get yourself in thier faces and taken seriouse.

    BL


  15. #15
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    Default Re: Leaving the scene of an accident?

    Thanks everyone for the things you have suggested.


    The driver hadn't reported it to anyone (police or depot), after several phone callsicon through the day he tried to say it was parked illegally! It wasn't but even if it was it doesn't give him the right to ram it out of the way!

    Anyway the car has about £6000 worth of damage, insurance company coming to pick it up tomorrow, it's possibly going to be a write off because of the amount of damage, will keep you posted of any interesting developments!


  16. #16
    Lueeze
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    Default Re: Leaving the scene of an accident?

    6k!!!! God what happened to it then? Is it a bentley or something LOL...

    Anyway, fingers crossed for you that this all turns out good!

    Lou x


  17. #17
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    Default Re: Leaving the scene of an accident?

    Quote Originally Posted by Lueeze
    6k!!!! God what happened to it then? Is it a bentley or something LOL...

    Anyway, fingers crossed for you that this all turns out good!

    Lou x

    Ha! I wish.

    It's a people carrier and the damage on the front passenger door, sliding passenger door and the back panel (It's probably got a name but I don't know what it is! ) is beyond repair, it has also dented the actual base of the car (don't know that name either!) buggered up the steering and... that was where I lost interesticon!


  18. #18
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    Default Re: Leaving the scene of an accident?

    JAY ZOOS - he hit it BLOODY HARD then!

    Glad you've got CCTV LOL - he must be looking around for two things round about now:

    a) a leg to stand on
    b) a new job...


  19. #19
    Lueeze
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    Default Re: Leaving the scene of an accident?

    Oh well what a wunch!!! I cant believe he pranged it THAT hard!!!!! (and then tried to deny it!)

    I would be FUMING!!! GRR


  20. #20
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    Default Re: Leaving the scene of an accident?

    if that CCTV shows him reckless driving he can be fined hard.

    I knew him or TNT would go for the parked illegaly thing, it puts a spanner in the insurance claim.

    If the base of the car is dented it has to go on a chasis stretcher, big costs there.

    Most times its a write off, depends on if the work costs to the age and cost of the car.

    String um up and flog um.

    Take um to the cleaners,

    let us know how it goes.

    BL



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