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Car Accident but they left the scene of the accident?

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So my brother skidded in the rain the other week and crashed into the back of someone. He gave the guy his ins details and contact dets and when he asked for the guys details he said "i don't remember" and gave my brother the first line of his address, no postcode etc, and left the scene of the accident

 

My brother has pretty much fixed his car repairs, and offered the guy money to fix his number plate and the guy said "i dont know, its my mums car"

 

So we assumed he was not insured to drive this car now he has called up saying that he wants to claim off my brothers insurance (he has only been driving 1 week and will never get insured again!!) so my dad has taken over and has told him to whistle for it as he has committed an offence by leaving the scene of the accident without reporting it has basically told my brother to deny deny deny.

 

.....what shall we do, he has no witnesses, we still dont know his address or his insurance and my dad is refusing to let my brother pay him anything as he was rude and in the wrong and my brother is freaking out that he is going to get sued.

 

Please help


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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You know what they say about assumption!

 

The other driver hasn't commiteed any offence. Your brother has, careless driving by the sound of it. Your dads advise may well get your brother in serious trouble if he says he diodn't have an accident and there is a witness or CCTV footage of it.

 

Don't accept any further phone calls. Tell him in writing that if he wishes to deal with this further, he is to write to you with his full name and address together with full details of who is was insured with AT THE TIME OF THE ACCIDENT. If he actual does that, pass it on to your insurers because if he is legit, someone somewhere will have advised hime to claim for whiplash by now. If claimed, that will be around £2.5k on its own, and if his car was old it will likely be written off if anything more than the numberplate. ie, if the bumper has even a scratch, crack or dent.

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I dont think they are after whiplash claims, But this idiot is trying to get a new car out of my brother, when he offered to pay for the repairs cash, he has only been driving a week and doesn't want it to go via his insurance as he doesn't want his premium to sky rocket, but this guy is being awkward and wanting to claim all the way.

 

I can't see how anyone will be able to claim of my brother's insurance with no ommission of guilt, a few bumps which could have been there years, no cctv, no witness statements, and no police report? Especially when my brothers car is now fixed.


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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No witnesses?

 

The other party has your brothers name, details, insurance details, description of the car, and description of your brother. The other party may well have taken a quick photo on his mobile - I do, in that situation, and it has been a nasty surprise to one person.

 

On the balance of probabilities, he got those details in the circumstances that he describes - so if he passes that on to his insurance, they will claim against your brothers insurance. Your brothers insurance are very likely to pay out on the grounds that the other party has details that, on the whole, seem to bear out the other parties account.

 

You think that having an accident after a weeks driving will be a problem for future insurance? Failure to disclose an accident will be a bigger problem than that, no insurer want to insure someone who lies - they have this idea that if someone has been shown to be willing to lie in one situation, they may well lie again, and put in a fraudulent claim.

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Why do you keep referring to 'this idiot'? I have been driving for 40 years and have never hit anyone at all. I happen to be a fully qualified driving instructor too and would think that you, your brother and expecially your Dad need to take a step back and understand that your brother is at fault. What did this other guy do? Nothing, your brother hit him!

 

You have no understanding of insurance at all. Your brother damaged this mans car and the man is entitled to remedy. He most certainly can and by the sounds of it will claim from your brothers insurance. There is no requirement for any admission of guilt. It is obvious to me what happened and I wasn't there!

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In a case of an accident, the law is quite specific. Drivers must

 

Stop

 

Exchange names and addresses of the drivers of the vehicles.

 

Names and addresses of the owners of the vehicles.

 

Registration marks of the vehicles

 

and in the case of injury, produce a valid certificate of insurance to anyone with reasonable grounds to so require, so although your brother must accept strict liability for running into the back of the other vehicle, unless it can be proven on the balance of probability that there was no way he could avoid running into the back, for example because it was a deliberate crash for cash [problem] and he was brake tested. Despite what someone else has said, the other driver did commit the offence of failing to stop and report.

 

The other driver actually has 5 years statute of limitation in which to make a claim for the damage to his vehicle, 3 years for an injury, but, as has been already stated, the best thing you can do is advise your insurers and let them deal with all correspondence.

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Almost excactly correct, however a driver may withold address if they feel their life or security may be in jeopardy, ie well known politician etc, in which case they can provide an alternative address where they may be easily contacted (agent, c/o address, even a PO box) or may ask the police to attend at which point the address can be c/o XYZ police station who will have the necessary correct address to pass documents on to.

 

I know this from my former career as a security cleared government driver.

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I know this from my former career as a security cleared government driver.

 

I am quoting from my experience of 25 years as a traffic cop, someone who lectures in traffic law and works in private law.

 

Don't confuse the issue in respect of slightly different rules that apply to Governement or other high risk officials, the OP was referring to a straight forward motorist and the rules that apply the type of people you refer to, do not apply to ordinary members of the public, or celebrities for that matter.

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Oh I agree to the most part, I was just metioning it as it had been misquoted above. However, traffic cop or not, you should know that ANYONE can refuse to give their address IF they feel a security or life threat, in which case your good selves would be called to take their details instead.

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If owing to the prescence of a motor vehicle on a road.

 

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

 

(b) damage is caused—

 

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically 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 or place in question is situated or land adjacent to such land.

 

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 said motor 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.

 

That is a straight lift of section 170 of the Road Traffic Act 1988. No one is exempt. The Police will either attend and obtain details in which case the law has been complied with, or it will be reported in person within 24 hours in which case the law has been complied with

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Minor point, perhaps, but notwithstanding all of the above, if the claimant had valid insurance, I would have thought the poster would hear from them. He will struggle to claim on his own! I agree that your brother should accept responsibilty, but he will only really have a problem if the other party had valid insurance. If not, the victim will be a victim of his own making.

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