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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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After a car driver rolled backwards on an incline

Customer Question

After a car driver rolled backwards on an incline approximately 5 - 8 feet into the front of my motorcycle , causing it to nearly fall over and crush my left leg, word were exchanged. The driver when I approached the car put down what appeared to be a mobile telephone, had a child or 8 or 9 years in the front seat he then opened his door and got out and was verbally abusive to me and I felt quite threatened.
As I backed away i saw some damage to my vehicle and kicked out at his - he is now alleging criminal damage and i have to provide a statement under caution - i need advice please
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

How can I help with this please?

Customer: replied 6 months ago.
Hi there - the driver of the vehicle that rolled into the back of me and is now alleging that I kicked his car and caused criminal damage - i do remember kicking out at him as he approached me and that i made contact with his car - the police now want to interview me under caution and i need advice as to what to say.
Customer: replied 6 months ago.
I have a senior management job in the NHS and a criminal conviction would ruin my career - my response to him was a result of being very shaken up and through his offensive language at me as a motorcyclist - do I admit to the damage or challenge this as it seems very minor (he reports a dent to his car)
Customer: replied 6 months ago.
I have never been in this situation before and it is quite frightening
Expert:  Jo C. replied 6 months ago.

ok. So what is your question about this?

Customer: replied 6 months ago.
As above - please can you advise what approach to take at the interview under caution - should i simply admit to the damage or try to defend my self
Expert:  Jo C. replied 6 months ago.

On what basis ?

You seem to accept the damage?

Customer: replied 6 months ago.
I don't know if the damage was caused by me or was pre-existent - i don't know if the driver of the car has witnesses - how can i avoid a conviction..? Can i offer to pay for the damage informally..? What are my rights
Customer: replied 6 months ago.
How do i get a refund..?

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