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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69521
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

, I have received a NIP to stop/ report an

Customer Question

Hi,
I have received a NIP for failing to stop/ report an accident and careless driving. I was unaware of any accident at the time and only became aware when the NIP arrived in the post. It arrived 17 days after the alleged accident. Can I still be prosecuted as this is outside the 14 days normally associated with accidents of which the driver is unaware? Thank you.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, you can I'm afraid.
If you didn't stop and report then they will argue that the reason the NIP is late is that they were making reasonable efforts to identify the driver and that will be accepted.
However, that would only go to careless driving anyway.
They don't need a NIP to prosecute for failing to stop and report so even if you succeeded upon that argument the more serious charge of failing to stop and report would still remain.
Given that people often try to plead to careless driving in exchange for dropping the failing to stop and report its not generally a good idea to raise this argument.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69521
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. This is in relation to a car park bump that someone alleges was me. Unaware of accident at the time and it was my understanding that Bentley vs Dickinson QBD 1983 established that an NIP was needed within 14 days if a driver was unaware of any accident. Under these circumstances how likely are the Polic to prosecute?
It was so minor that there is no damage that I can see on my car.
Expert:  Jo C. replied 1 year ago.
They wouldn't have pursued this if you had reported to a police station within 24 hours.
If you didn't though they could I'm afraid.
I'm afraid that your reading of the case law is incorrect. A NIP has to be sent out for certain offences within 14 days save for certain exceptions. One is where they cannot find the driver.
Moreover, there is no need for a NIP for failing to stop and report.
It is nothing to do with a driver being aware of the accident.
Customer: replied 1 year ago.

Thanks. One more question if I may. I was unaware I had touched another car in the car park ( I still maintain this didn't happen). How is it I can be held responsible for not reporting something I had no knowledge of at the time?

Expert:  Jo C. replied 1 year ago.
If there wasn't an accident then that gives you a defence.
If there was though it is not a defence to say that you didn't know if the reasonably observant motorist would have known. The test is whether the motorist ought to have known.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    3061
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3061
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    80
    Partner in national law firm
  • http://ww2.justanswer.com/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    22
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.