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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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Please advise about Minor accident as per below. Had an

Resolved Question:

Please advise about Minor accident as per below.
Had an Accident in North West London due to the Cyclist fault, stopped at the scene where the Cyclist confirmed that he's fine and he admitted his fault as his breaks failed, and he couldn't break on time,
by mistake I didn't exchange Contact details, however I reported the Incident to the Police within 24 hrs.
Received a letter from Metropolitan Police stating that, no further action will be taken, however they will wait for 6 months for re-opening case.
After 3 weeks (just today), suddenly Police called up investigating above incident and mentioned that the Cyclist want to make a Claim for his Injury and damaged Cycle. The Investigating officer mentioned he's going to send the report to Traffic Criminal Justice Operational Command Unit (TCJOCU)
So what will happen in next and what are my options?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

When did this happen?

Customer: replied 9 months ago.
happened on 28th Sep 2016
Expert:  Jo C. replied 9 months ago.

Ok. They are in time then.

Are you asking if you have a defence?

Customer: replied 9 months ago.
I didn't understand your question, what we're looking is, what's going to be the result of this investigation, will I loose points? or loose my Licence or just Monetary penalty? I'm worrying about my License.Even though I didn't exchange contact details, but I stopped at Scene, spoke to the Cyclist, and also reported within 24 hours,
Will I still be at fault for not exchanging Contact details? or not waiting long enough at the scene?
Customer: replied 9 months ago.
Waiting for your response....
Expert:  Jo C. replied 9 months ago.

If you reported within 24 hours then they are unlikely to charge you with failing to stop and report.

More likely they are looking at driving without due care and attention.

That carries 3-9 points or a potential ban although the reality is that, unless the cyclist was badly injured, it would only be 3 points.

There would also be a financial penalty but I know that isn't your main concern.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Came to know through Police that Cyclist Finger was fractured (at the time of incident he didn't mentioned this to me), one year back only I've got my License, if it's still 3 points, do I need to loose the License? Is there any way Cyclist can take back his complaint if we sort it out the matter amicably?
Customer: replied 9 months ago.
Thanks for your answer above, of course Monetary penalty also an affordability issue, please suggest your final opinion ASAP or by mail. Most probably no more questions from my end (except waiting for your answer for my previous above question regarding amicable solution with Cyclist may help to resolve this issue).
Customer: replied 9 months ago.
Waiting for your final answer ASAP, before closing this
Customer: replied 9 months ago.
Waiting for your final answer ASAP, before closing this, pl. send by mail
Expert:  Jo C. replied 9 months ago.

Sorry but surely you don't have the cyclists contact details?

Customer: replied 9 months ago.
Today we've got Cyclist details from the police station.
Customer: replied 9 months ago.
If I can use Call option, could you provide me or Guide me complete solution for this issue right now? about how to approach with Cyclist regd. outside settlement (not sure is it legal or not), that can avoid claiming Cyclist from the Insurance?
Customer: replied 9 months ago.
We're waiting for your Call ASAP
Expert:  Jo C. replied 9 months ago.

I can make an offer.

The reason you are experiencing delay is that you keep posting before I have responded.

Customer: replied 9 months ago.
No I asked and waited for your response, but I didn't get any response, hence I've to kept asking,
We don't want to proceed any more (we didn't receive enough information with this chat also), please don't charge for the phone call, as we didn't talk on the phone.
Expert:  Jo C. replied 9 months ago.

In that case I won't be able to offer more.

All the best.

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