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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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My car and another vehicle was in a minor collision about two

Customer Question

My car and another vehicle was in a minor collision about two months ago. The situation was a vehicle was parked on a bend off a side street which was clearly marked no stopping at any time. As I turned the corner to pass this illegally parked vehicle I noticed there was not going to be enough to room for me to pass. I blew my horn to alert the driver of the other vehicle who happened to be sleeping so he could move. As he began to move and I as well moved the two cars collided I then drove a few meters away then got out my vehicle and my self and the driver had an exchange of words that wasn't very pleasant. I took photos of both vehicles my wife also took photos to. As the situation was becoming tenses the driver and I never exchanged details all I had to go on was his vehicle number plate and visor versa. I then returned to my vehicle and drove off the incident was reported to my insurance as non fault he also reported to his insurance as non fault and so the matter was left for them to decide who was at fault. Some time after I received papers from the police asking me to confirm if I own the vehicle and my insurance details as there alleging was involved in this accident and failed to stop there also alleging driving without due care and attention and failing to give details. I've also had word from my insurance that the driver has filed any injury claim and the insurance is asking if I would be willing to share fifty percent responsibility. From a point of law how do I get rid of these allegations.
Thanks
L.Langdon
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis please ? You seem to accept not exchanging?
Did you report to a police station within 24 hours?
Customer: replied 2 years ago.

No i didn't report to a police station. what would i have to report for no body was injured. and the other driver refused to give his details.

Expert:  Jo C. replied 2 years ago.
You are supposed to report any collision within 24 hours unless you can exchange.
I'm afraid you did not do so and therefore have no defence to failing to stop and report I'm afraid.
Whether or not they can prove the careless driving is another matter. Generally speaking they offer pleas to careless driving in exchange for dropping failing to stop and report which is the offence that carries the higher penalty.
I'm very sorry but you just plain did not report.
Can I clarify anything for you?
Jo