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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Wednesday 24th February My wife dropped my son ( 13 years of

Customer Question

Wednesday 24th February My wife dropped my son ( 13 years of age) off to is mother ( ex Wife). His step dad came out to meet him ( B class road or less and not lit). My son got out of the car to meet him and the car puled away.
25th February in the evening, we received a visit from the police to see my wife she had been accused of driving away from a road traffic indecent / accident the night before. It transpired my ex-wife's husband had reported that his elbow had been hit by the car wing mirror (which didn't occur). Obviously there was no bruising or damage to his arm elbow. The police submitted the report/ paper work with an account from my wife and we are apparently waiting to hear whether the case will be taken further or not.
My wife has stated that no such incident took place We have had problems before with them i.e. lying. We were not surprised with this. But my question is, if there was no damage or bruising then why did the police process this as a accident ????? My understanding is unless there,s any damaged how can it be processed as a traffic incident / accident. We are clearly concerned that reports can be made falsely and be taken seriously.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Alice H replied 9 months ago.
My name is ***** ***** I am a lawyer based in London. Please bear with me while I read your question in more detail.
Expert:  Alice H replied 9 months ago.
Damage is not a requirement under s.170 Road Traffic Act 1988 where personal injury occurs: Section 170 (1) (a) states the driver has to stop / report an accident where "....personal injury is caused to a person other than the driver..." Where there is report of an accident involving a bang to the elbow - that is personal injury although the person making the complaint would obviously still have to prove that such an accident actually occurred.
Expert:  Alice H replied 9 months ago.
Please remember to take a moment to rate my answer otherwise I am not paid for my time. Thanks! Alice.

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