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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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on the 17th of february it is alleged that i was driving in

Customer Question

on the 17th of february it is alleged that i was driving in a 40 mile dual carriage way at 30 miles per hour in the right hand lane . a car in the left hand lane apparently cut across my lane and while it was cutting across my lane according to the claimant their off side back door glanced my car. they are alleging minor glancing damage to their offside back door. they say they have a witness I drive a r class Mercedes , I may have been on the road at that time as it is the main road near my house but it is months ago so not sure . I would have been driving the car . I did not notice or feel this alleged incident . I got a letter from my insurers on 22march ( I have 10yrs no claims , fully comprehensive , no claims protected insurance ).I told them my car was not involved in any accident , they got a motoring expert engineer to inspect my car and he did a report in April saying no damage to my car at all. I also informed my local police on 22nd march regarding this allegation they then said they had no report of any such incident (via 101). on 9th of may I got a letter from my local police asking for information regarding my car on 17 march a section 172 notice , also alleging "driving without due care and attention and any other disclosed offences ". it does not say intention to prosecute any where on the form. i have requested the insurance company for the motoring experts report and intend to enclose it and respond to the police attaching it to the form, also giving an account in a letter that my car was not involved in an accident as far as I am aware , and setting out the chronology as above. I am a professional in a senior medical and gov advisory role and this may have serious implications for my career that is my concern . i dont know if this a fraudulent claim though I wonder or if the incident did happen and as it was so minor with no damage to my car and minimal damage to their I did not notice or some one is driving with my number plates on .


I am concerned regarding being told I failed to report an accident when I did not even know it had occurred or it di not occur

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

How. An I help with this please? I'm due in court today but I can pick up at 10 am ish if thats ok?
Customer: replied 2 years ago.

I would want to have an objective expert view based on the above information


1: even though it does not say so on the letter from the police which says "driving without due care and attention and any other disclosed offences" and there is no mention of intention to prosecute will I be prosecuted for failing to report an accident or just driving without due care and attention or both .


 


2.there is no allegation from any one that there were any injuries to any one , there is also no allegation that there was any serious damage to the other car they only claim "minor glancing damage", under these circumstances will this case be prosecuted considering that there was no damage independently verified to my car, is there any thing I can do to prevent this from getting to court


 


2.Is my case defendable ( need a objective view on balance) if it gets to court i.e they have a witness(allegedly), I deny knowing it occurred and I do not have a recollection of it , and there is no damage to my car.I reported the incident to the police as soon as the insurer contacted me (22nd march) not within the 24 hrs but , a month before the police contacted to me. I am of good character , have a clean license and have held this for nearly 20yrs.


 


3.how worried should I be regarding this , what can I do to make sure the damage caused to me is minimized


 


4. on balance what is the likely outcome of all this on balance

Expert:  Jo C. replied 2 years ago.
Do you deny there was an incident?

I realise it may have been minor but you would have felt it ? If you didn't feel it then that would tend to suggest it probably didn't happen.
Customer: replied 2 years ago.

I don't belive it happens there is not a scratch on my car and I did not feel it

Expert:  Jo C. replied 2 years ago.
Ok.

Is there any reason a person would want to give false evidence against you?
Customer: replied 2 years ago.

I do not now who the other part is have not been told but I work as a doctor in a large prison and have given evidence for the cps police etc on hundreds of occasions.

Expert:  Jo C. replied 2 years ago.
Yes, that is always a difficulty.

People do lie to the police all the time but not usually about random people who have given them no reason to do so.

In relation to the failing to report, the reason the NIP doesn't refer to it is that there is no need for a NIP if the prosecution is to be for failing to report. The requirement for failing to report only applies to some offences.

I'm afraid that on the facts that you mention above you will probably be summonsed for failing to stop and report and driving without due care. They might accept a plea to one and not the other.

There is no way of preventing this from getting to court. Had you reported they probably would not have acted in a damage only collision but that didn't happen. They might decide its not in the public interest.

Any case can be defended. If you say there wasn't a collision then you do have a defence. Whether it would succeed or not is another matter. In truth, probably they won't accept that you didn't have a reason to stop and report but might accept this doesn't amount to driving without due care.

In terms of how worried you should be, its certainly something you should take seriously.

If there is a witness who is against you then you probably would be convicted of something.

The only way to minimise the sitution is to offer pleas to some offences and not others.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

 

1.would the expert report from my insurer that there was no damage to my car help.

2.the witness claims that I was driving in the right hand lane of a dual carriage way and the other party was travelling in the left hand lane .the claimant (according to both the claimant and witness) cut across my lane in front of me according to the witness and the witness does not claim to have the seen the collision itself .

the witness apparently was behind me just saw the other person cut across me ..

 

3.I also reported the incident to the police as soon as the insurer contacted me .

 

I am not worried about driving without due care and attention as they themselves admit that they cut across my lane from left to right they made the maneuver. The accident even if one accepts the claiments account did not result in any significant damage at all and only occurred because of their maneuver .

 

I am more worried about the failing to report allegation that may be laid

 

can I make a defense that

1: I had nothing to loose by stopping or reporting , as I had full comprehensive insurance with no claims protection , so no financial incentive. I reported the incident before the police contacted me i.e on the 22nd march they only contacted me in may

 

2. there is no damage at all to my car , so I could not have known

it is a large Mercedes suv .

 

I do appreciate your frank and clear opinion , prefer that once more for the last time

if I have to plead to some thing though pragmatically I prefer the no due care and attention rather than failing to report which is worse would that be possible

 

 

 

 

Expert:  Jo C. replied 2 years ago.
1 Not really. Only to the extent that it may support the argument there wasn't an accident but then you have the witness to contend with. He may not have seen anything though.

2 I'm not sure what you mean?

3 You may have done but you didn't report to the police which is what the law requires.

On the face of it, I cannot see a defence. Unless the court accepts there was no accident at all they are not going to acquit you of this I'm afraid.

4 The fact that there is no damage does not mean you could not have known. In fact, the law requires that a person report if they 'should have' known rather than if they actually did.

This will turn really upon whether or not the court finds there was a collision.
Customer: replied 2 years ago.

I did report to the police on the 22nd of march , the police only contacted me on the 1 st of may. so I did report the incident to the police much before they contacted me .


 


this is my last question thank you for you help, it has been helpfull

Expert:  Jo C. replied 2 years ago.
You have to report within 24 hours of the collision or stop at the scene.

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