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Hi all,

 

I was involved in a minor collision on Good Friday around lunchtime.

 

Briefly, woman reverses from driveway onto residential street, cars parked both sides. Hit the brakes, minor collision. I was probably doing between 20-25mph so the damage to both cars is relatively minor i.e. scuffing on her bumper and the same on my front wing.

 

Found her particularly unpleasant in her manner from the off but she gave her name and reg number and I gave the same.

 

Following morning policeman at door – apparently, later in the afternoon she has gone to the police station and accused me of making racist statements. Policeman says she doesn't want to take it any further but and I quote "What's really annoyed her is that she only got the car yesterday".

 

I'm told to call her up, apologise and give her my address - "do it today" he says.

 

I called her Easter Sunday at 9.45am and left my address only on her ansaphone.

 

Immediately after bank holiday weekend i.e. Tuesday I call insurance company and report the*accident.

 

Thursday, I receive letter from Thames valley Police (special delivery so must have been posted wednesday) saying Notice of intended prosecution

 

Alleged offence(s)

careless/inconsiderate driving

Fail to stop at R.T.A

Fail to report R.T.A

 

No indication as to which one, given that this is dated 29 March 2013 i.e. date of collision.

 

Is this simply a case of 'crossed wires'?

 

 

Grateful for any insight from the group

 

many thanks

 

C

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Unfortunately, this might not just be a case of "crossed wires" and you're right not to ignore the notice.

 

Under the Road Traffic Act, s170 you are required to give your name and address or report the accident to the police within 24 hours. If the PC did not treat his visit to you as an accident report, which given the circumstances he may well not have done, then you have not complied with the law. When a PC tells you to do something on the day, it really is best to heed their advice.

 

I don't think it's a dire situation though, as everything else you've done shows that you had no intention of avoiding responsibility, unless you refused to give your address to the other driver? It may also help if you explain the accident in a little more detail.

 

I would speak to the insurance company for advice (especially if you have legal cover with them), a lawyer, or even the police to confirm if the charges stand (I'm not sure how to go about this). You also may want to wait for one of the site team to post as it's not an area I'm well versed in. In any event, good luck.

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Pop down to the police stn explain the situation and say that you did stop however you feel you need to report it as well, take you driving licence, insurance and that should be the end of the matter, happened to me once I didn't report be cause I didn't realise I had scraped another car, company let me know about 3 weeks later so I popped down to the local Police and reported, it job done.

If I have been of any help, please click on my star and let me know, thank you.

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Hi colbard, and welcome to CAG! :-)

 

I think I must be missing something. Why is this accident considered to be your fault? Correct me if I am wrong, but you were driving down a residential street, and she reversed into the street and hit you? Surely she was driving with due care and attention? What did the policeman say about the accident, not about your alleged racist comments?

 

DD

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If someone reports an allegation of an offence after a crash has occurred, then the Police are obliged to send out a Notice of Intended Prosecution.

 

They have to list all the possible offences that may have been alleged or committed, which would include (in this case) dangerous and careless driving as well as the failing to stop and report.

 

In a damage only crash, you are required to provide the names and addresses of the drivers of the vehicles, names and addresses of the owners of the vehicles, registration marks and only in the case of injury are you required to exchange insurance details.

 

The fact that you only gave your name and registration number means that you have in effect committed the offence of failing to stop, but the other driver also has the same obligation, which may be why it was reported as in the event that drivers fail to comply with the law at the time, it must be reported in person to the Police as soon as practicable but in any case within 24 hours.

 

That said, the fact that the other driver reversed into the carriageway and into your path makes her guilty of careless driving and is absolute, so you can make a counter allegation.

 

But, from the sounds of it, it appears that this has been a malicious allegation made by the third party, however the Police are still obliged to send out the NIP to cover their back sides until such time as the investigation has been completed.

 

It appears the third party is being vindictive and as mentioned previously, it would be wise to make an appointment as soon as possible and give your account of the circumstances.

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