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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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I allegedly caused a traffic accident close to home when I

Customer Question

I allegedly caused a traffic accident close to home when I made a u-turn as it would appear a person on a scooter ran into me whereas I was 100% convinced that I had actually hit a bollard. Not stopping on the double red line road, I parked my car and returned later not to see any real damage to the bollard.
I now need to go back to court as I felt that I should not admit to something I hadn't consciously done, i.e. intentionally drive on after an accident although that might have been wiser and less cumbersome? Anyway, I do not know how to prepare myself for this court visit and how to find an affordable solicitor to advise me further. Could you please give me any direction how to minimise costs here? Thank you in advance [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why aren't your insurers dealing with this please?
Customer: replied 3 years ago.

Admiral, the insurance company sort of bullied me into accepting this as my fault but I haven't asked them to support me legally (didn't really think of it) and they haven't really offered support either. I do have 'full insurance' with them. What are they obliged to do for me please?


 

Customer: replied 3 years ago.

Thank you, XXXXX XXXXX first time in 45 years so a bit clumsy about it. Did not consider asking the insurance company also because they talked me into this being my fault straightaway. I didn't think of asking for their help and they didn't offer. Are they obliged to advise me all the way here and get me a solicitor? Thank you in advance for your response.

Expert:  Jo C. replied 3 years ago.
Thanks.

It doesn't actually matter whether you did this consciously or not, the fact remains that you left the scene of an accident which is what the police appear to be interested in.

Whether you could claim any contributory negligence on behalf of the rider of the motorcycle would really depend on the position of each vehicle in the road and how it came to hit you.

You are under a duty to stop after an accident whether it is your fault or not.

There are obviously two completely different issues - any injury sustained by the motorcyclist and prosecution for leaving the scene of the accident and driving without due care and attention.

The insurance company will deal with the injuries sustained by the motorcyclist and deal with any issue of liability. They will not however deal with the police prosecution unless your insurance specifically covers you for that which would be unusual. If your insurance does not cover you for the police prosecution than you are faced with finding your own solicitor and paying those costs.

There is no magic solution to finding a solicitor other than to make sure that it is one in the area so that you do not incur extensive travelling costs and also to make sure that the solicitor does deal specifically with road traffic issues.

You can search the Law Society website www.lawsociety.org.uk for a solicitor in your area

Ask the solicitor to give you an indication of cost and likelihood of your defence succeeding before incurring unnecessary cost.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

You're very welcome.


Based on your answer, would I not be better off just pleading guilty to driving without the necessary care and driving on after an accident (scooter instead of bollard)?


I just wanted to make it very clear that I absolutely wasn't aware that I had been hit by a scooter but that doesn't seem to make a difference really.


'Happy' to say that I was confused because of that and therefore now change my mind? Maybe even plead guilty by mail to save costs?


 


What difference could a local solicitor make really?


 


I find this all too nerve wrecking and just want it over with.


 


Please advise what is wisest and possibly cheapest.


 


Thank you in advance, H.

Customer: replied 3 years ago.

For Jo C.


 




You replied




05 March 2014 15:42 EST




 



You're very welcome.




Based on your answer, would I not be better off just pleading guilty to driving without the necessary care and driving on after an accident (scooter instead of bollard)?




I just wanted to make it very clear that I absolutely wasn't aware that I had been hit by a scooter but that doesn't seem to make a difference really.




'Happy' to say that I was confused because of that and therefore now change my mind? Maybe even plead guilty by mail to save costs?




 




What difference could a local solicitor make really?




 




I find this all too nerve wrecking and just want it over with.




 




Please advise what is wisest and possibly cheapest.




 




Thank you in advance, H.



Edit


 

Customer: replied 3 years ago.



05 March 2014 15:42 EST





You're very welcome.




Based on your answer, would I not be better off just pleading guilty to driving without the necessary care and driving on after an accident (scooter instead of bollard)?




I just wanted to make it very clear that I absolutely wasn't aware that I had been hit by a scooter but that doesn't seem to make a difference really.




'Happy' to say that I was confused because of that and therefore now change my mind? Maybe even plead guilty by mail to save costs?



What difference could a local solicitor make really?


I find this all too nerve wrecking and just want it over with.



Please advise what is wisest and possibly cheapest.


Thank you very much in advance, H.








Expert:  Jo C. replied 3 years ago.
There is no harm in saying exactly what you thought, that you had hit a bollard, and that is why you did not immediately stop along with the fact that there was no parking in the area.

Basically what you want to do is appear to the court to be as reasonable as possible.

Pleading guilty by post will save time but the penalty be will be the same as if you turn up in court and apologise and explain.

Although if you turn up personally, you may get a slightly lower fine.

It depends really on how valuable the time is.
Customer: replied 3 years ago.

Thank you very much, Jo.


 


That's what I'll do. I'll be humble and explain why I felt I shouldn't be pleading guilty being unaware of there being a victim. I am a cautious driver, this is my first offence and I will apologise for any confusion caused.


 


Not being represented may be advisable therefore?


 


Thank you again + kind regards, H.

Expert:  Jo C. replied 3 years ago.
Representation is always best but it would only really make a difference if you were going to fight this.
Customer: replied 3 years ago.

Thanks again, Jo.


 


I very much appreciate the way you've been helping me this evening.


 


Will speak to some solicitors in the morning but am not going to fight it, will just explain my actions and thinking.


 


All the best, H.


 


 

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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