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