How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11539
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

My daughter last friday 08 :40 approx. whilst in Lockerbie

Resolved Question:

my daughter last friday 08 :40 approx. whilst in Lockerbie in Scotland when pulling out of a space on the main street in the town clipped the rear bumper of a white van. She did not realise that there had been any damage done and proceeded to drive to friends house. When she got to her friends house she then noticed that there was a minor scrape on her car. She panicked and went on to school. She was frightened to tell us and eventually told us on Sunday morning. She drove into Lockerbie and was stopped by the police in the local Tesco carpark where they put her in the back of the police van and began to ask her questions. She was shaking and in a terrible state but they proceeded to question her getting her to admit liability. The have cautioned her with Driving without care and attention, leaving the scene of and accident and failure to report an accident. She is 17 years old and we are all very upset. Can you help or advise us. She was told by the police that they would recommend to the procurator fiscal that she attend a drivers awareness course however the decision will be the procurator fiscals. Can you help please we are all distraught
. Thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I forgot to add she is 17 years old and only passed her test in August.
Customer: replied 1 year ago.
There were 2 police officers and I am not sure they pointed out to her her rights.
Customer: replied 1 year ago.
The driver of the van was in the van and he reported the incident to the police but the police did not have the correct registration number they had the vehicle make and model and could see the scuff on her car
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland and will help you with this.
Your daughter is guilty of the matters raised by the police during their investigation namely:
Careless driving
Failure to stop
Failure to report
The police haven't done anything out of the ordinary. They have interviewed her and have cautioned and charged her and they will report to the procurator fiscal.
She would have no defence were these charges to be made against her. However, being realistic it is unlikely that the procurator fiscal would want to take something as minor to court especially given the fact that she could argue that she was unaware any damage had been done (although she should have got out to look) and the damage is minimal and I presume she will offer to pay for the damage.
A driver awareness course would be an appropriate disposal. If she is taken to court, however, she could end up having to retake her test under the young driver provision.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thanks for the response. She has paid for the minor damage which has cost her £455 as the van drive has replaced his whole bumper and not just the part that was scuffed. The repair company thought it was going to be an insurance job and advised him to replace the whole bumper which we have not questioned we have however go the old bumper and held onto it in case it is required to show how minor the scuff was. I must say looking at it it was very minor and the scuff is on the very corner of the bumper. Anyway we will await the outcome thanks for your advice thus far if I need any more help I will contact you. Once again thanks.
Expert:  JGM replied 1 year ago.
Thank you. Don't hesitate to come back to me if I can help. Don't forget to leave a positive rating on the system so that I am credited for my time.
JGM and other Law Specialists are ready to help you