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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71267
Experience:  Over 5 years in practice
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My son was almost was driving last week and was almost stationary

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My son was almost was driving last week and was almost stationary when an on going car hit his wing mirror causing the glass to smash. He got out of the car as did the other driver who straightaway asked my son if he wanted to claim off her insurance , my son said no I won't bother it's only a wing mirror no other details were swapped. The other driver the following day reported it to her insurance company ( must of taken my sons registration) . His insurance company then contacted him and now we have received a letter from police staying they are contemplating charging him with 3 offences.
1 . Driving without due care and attention.
2. Failing to stop at road traffic accident
3. Failing to report road traffic
There were no by standers witnessing this although my son had a passenger.
Really need some advice on where we stand with this as he already has 3 points on his licence and am worried sick he will end up in prison , lose his job and licence when he is very adamant that he did not hit her and the damage to,her car was a smashed glass on wing mirror

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Does he need a licence to drive for work?

Customer: Yes

I have converted this to Q and A as I couldn't see your responses.

Are you asking if he has a defence?
Customer: replied 4 years ago.
Yes and will he be listened to now or is it a done deal
Why didn't he swap details?

Did he take his registration number?
Customer: replied 4 years ago.
He didn't swap details because she asked him if he wanted to claim off her insurance which suggested to him that she was saying it was her fault and because it was only glass in wing mirror. He didn't think it was worth it .
Yes, she will be lying about that now.

I need about 30 mins to look this up in Wilkinsons' if thats OK? My immediate reaction is that is stopping and reporting but I will check.
Customer: replied 4 years ago.
Ok thank you

I'm on it.
Thank you for the time.

I have looked up the law and it really comes down to who is believed here.

The law requires a person to stop upon accidents and exchange such information as may be required of the.

You are perfectly entitled to decide not to report something through your insurance company although there may be a requirement to reports under your insurance contract. However that is an insurance issue rather than a criminal one.

She will be saying here that he caused the accident and he drove off without giving her his details. Ultimately if the bench believes her lies then he will be convicted.

If the bench believe his account then he may be acquitted depending upon what was actually said to him by her.

If she did not ask for his insurance details then he was not under a duty to provide them. In short, motorist at the roadside are perfectly free to decide that they are not interested in pursuing any claims that they may have against each other.

If his passenger is willing to give evidence then that may be very helpful.

If he is convicted then he will get 3 points to 6 points for the driving without due care and attention, between 5 and 10 points for the failing to stop which will run concurrently rather than consecutively. These offences do carry a potential ban but that is not likely.

Failing to stop and report does also carry up to 6 months custody. However, I have only ever seen custody for this offence once and that case involved a driver who struck a child pedestrian but later died of her injuries and the Crown were able to prove that if a driver had stopped and summoned help then the child probably would have survived.

Hope this helps. Please let me know if you need more information.

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