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Help! I've been falsely accused of an RTA


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Hi,

 

i'm new to this forum but was wondering if anyone can offer me any advise.

 

On the 21st May at 08.45am i was about to turn left at a roundabout, there was a lady in a big jaguar on the right hand side, as i was turning left she turned right, i beeped my horn because she was so close to our car then she scrapped the side of my mother in law's car that i was driving. So we stopped in a carpark just past the roundabout and checked the car which was fine, the women said she didn't see us etc etc. So i said fair enough, but u should've checked your wing mirror before turning. Because our car was fine, i didn't give her my details - which now i realise i should've have done however i was running late for work.

 

I've had a letter from the police today because this lady has accused me of driving without due care and attention, failing to stop after the incident and failing to report it to the police so i now have to fill out all these forms to state what happened and give them my case.

 

Can anyone offer any words of advise because i'm worried about something that wasn't my fault. I know i should've given her my details but because there was no damage i didn't see being necessary.

 

Help!

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Hi,

the women said she didn't see us etc etc.

 

By us do I infer that there were passengers in your car? If so you have a witness to say that you did stop at the scene and can therefore prove that the statement the other driver gave to the Police was false. I don't think you do have to swap details if you both agree that you'll not be taking the matter futher, (knock for knock or no actual damage), and as long as you did stop and speak to the other driver I don't think you need to inform the Police unless anyone was injured, or there was damage caused to a third party's property. I would check that though as this is just my recollections from an accident I was involved in years ago.

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Hi Matts Dad,

 

thanks for your help.

 

I had my mother in law in the car with me, however we checked our car - there was no damage the ladies car had no damage that we could see so we said look there is no damage and the lady was still saying i didn't see you.

 

No one was injured and there was no damage but it will be her word against ours. I don't think my mother in law could be a witness because she wouldn't be independant would she?

 

If i hadn't stopped to speak to the lady i wouldn't know she was American, about the same height as me with what looked like a wax jacket on.

 

Worst case scenario am i going to get done for this and loose my license or something? i mean you always hear about the innocent party being the worst off!

 

Thanks again

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Hi.

 

I don't follow your description of the incident. You say there was a large car on the right and that you turned left and she turned right - so you would have been moving in oppostite directions, away from one another?

 

Do you mean you were beside her but she veered into your lane?

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I've had a letter from the police today because this lady has accused me of driving without due care and attention, failing to stop after the incident and failing to report it to the police so i now have to fill out all these forms to state what happened and give them my case.

I would fill in the form stating the facts, and stressing that as there were no injuries or damage to property, you didn't need to report it to the police.

 

They may invite you to attend an interview, which you don't have to do, or if you go there just say "no comment" to every question.

 

Without a "confession" from you, or an independent witness, they won't have sufficient evidence for a prosecution, so nothing will happen.

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Thanks for your reply. I made sure everyone was ok, didnt see any damage or anything so i'm hoping nothing will come of it but now i'm worried she is going to claim there is damage or something you know.

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Fill in the forms the police have asked for exactly as you have described it here. Do include the fact you M-in-Law was with you as a witness (it would ultimately be for a court to decide if they trusted her statement as being independant). I would certainly include some of those hard to know details like her height, being American etc, which clearly adds weight to your evidence that you did stop.

 

I would be surprised if the police would want to take it any further once it is clearly a direct rebut of her original claim. Hell, it's hard enough trying to get them to deal with real crimes, so I bet they will drop this like a hot potato when it becomes a straight forward "he said, she said" argument.

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I wouldn't worry too much. You have been accused of something by this woman - that's all. You haven't been charged with anything - they just want to hear your side.

 

So far as the collision is concerned, she says you were driving without due care and attention. It is her accusation, with no evidence whatsoever, versus yours and a passenger's statements that she veered into you and you sounded your horn before she hit you. I can't possibly see charges ensuing - the case is not provable.

 

Failure to stop - I believe you did stop. The issue becomes not providing your particulars to her which you should have done if her car was damaged. If both cars were undamaged and no-one hurt, then I believe there's no requirement to either swap details or report it to the police.

 

However if her car was damaged, even if it was her fault, you would be open to possible action for not either giving your details or reporting it.

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I would also report the incident to your insurance company ‘for information only’

I had a similar situation a few years ago. A driver attempted to overtake on my nearside on a traffic island and glanced my car as I left the island. Damage to other parties car but not mine. We exchanged info but my insurance company phoned me a week later to inform me the other party said I had overtaken him and then cut across his path. It ended with ‘knock for knock’ as no independent witnesses.

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Hello littlemissme, sorry to hear about your 'accident', but there is a lesson for all of us here. Get driver and vehicle details no matter what. Even if you both agree there 'appears' to be no damage. They can look at the car later and see a small scratch and decide to do something about it. All they have to do is get your reg. no. and report it to police and say you didnt stop, which is what this woman has done.

 

You need to be careful, I think, with this one, Littlemiss, you could end up whith points and a hefty fine for something that you are not guilty of. Make sure you tell the police every little detail, American accent, breath stunk of fish, etc, so the police have no doubt whatsoever that you did stop.

Make a point of telling them that she said 'I didnt see you', It's obviously her thats in the wrong.

 

Also, have another close look at your car, are you sure there is no damage at all?

Good luck, keep us posted. jed

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Devil in me says there is the little issue of the other woman telling lies to the plod - not something they usually like. Could be used to your advantage.

Its called attempting to pervert the course of justice and can land in you prison - check out what happened to Neil Hamilton or Jeffery Archer.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Road Traffic Act 1988

 

170: Duties in case of accident

Duty of driver to stop, report accident and give information or documents.

 

(1) This section applies in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs by which -(a) personal injury is caused to a person other than the driver of that vehicle, or

(b) damage is caused -(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act -

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver -

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.

 

 

If there is no damage or injury there is no need to report the accident or exchange details.

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