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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75028
Experience:  Over 5 years in practice.
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Assistant: What state was the citation in? And have you

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Hi Pearl,
Assistant: What state was the citation in? And have you consulted a local attorney?
Customer: My partner was involved in an incident that resulted in no damage to either vehicle in London, United Kingdom
Assistant: Do you need to appear in court?
Customer: He overtook a vehicle that accelerated to stop him from overtaking and hit my partner from behind at roughly 40mph. Refused to provide insurance details and left the scene.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Because there was no damage my partner let it go and did not contact his insurance company.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

What would you like to know about this?

Customer: replied 1 month ago.
We now received a letter from a third party company engaged by the driver that hit my partner's car from behind asking for his insurance details and indicated that they intend to make a claim.
Customer: replied 1 month ago.
We have pictures of the vehicle showing that there was no visible damage. And dash cam footage showing that at first attempt to overtake the driver accelerated on purpose to prevent my partner from overtaking. Unfortunately his better judgement was no where to be found and he immediately made a second attempt to overtake that was successful. Soon after overtaking he was hit from behind by this driver

Ok, so what is your question?

Customer: replied 1 month ago.
The dashcam footage shows that he did not break in front of this car and that there is no reason for this person to have hit him

Let me know when you have a question.

Customer: replied 1 month ago.
My partner has just informed me that there was a child in the front of this car on the passenger seat. The child was not in a child seat and he estimate that this child was around 5 years old.
Customer: replied 1 month ago.
We believe that there is a school on this road, therefore the speed limit would be 20mph.
Customer: replied 1 month ago.
The dash cam footage shows clearly that the attempt to overtake started at 9mph and escalated to 44mph before being hit from behind.
Customer: replied 1 month ago.
What are the implications and what should we do?
Customer: replied 1 month ago.
Should we respond to this third party company or pass on their details with a full statement and evidence to the insurance company?

They will probably prosecute for failing to stop and report.

And maybe driving without due care and attention.

Customer: replied 1 month ago.
Prosecute my partner?

As far as the insurance company goes, he needs to inform his insurance company tomorrow and provide any evidence and let them deal with it.

They may refuse to act now as he didn't report within a period of time but they may not.

yes, prosecute him. He has no defence.

Customer: replied 1 month ago.
My partner stopped, got out of the car and asked to exchange insurance details. The driver refused and left the scene.

You said above that he refused insurance.

nevertheless though, he still should have reported to the police within 24 hours.

If it was impossible to exchange details.

Customer: replied 1 month ago.
Can my partner report it now? The incident happened on 17/09/19

Although the police aren't involved that we know of at this stage.

And the insurance company have no particular incentive in reporting it.

The issue will be whether the other driver does given that he has with his insurers.

He can but it is too late. It needed to be done within 24 hours of the incident.

I suppose he has done this to head off a complaint about his own conduct but he now has the advantage of having reported it first.

Customer: replied 1 month ago.
We do not believe that the other driver reported this to the police as her attempts to stop him from overtaking are clearly shown on the dash cam footage and she would implicate herself.

I'm not sure you can rely on that.

She has complained to her insurance company.

Customer: replied 1 month ago.
The comets made when the driver got out of the car were: "you wanted to overtake me and you couldn't, see what happened?"

And also, she won't know about the dashcam.

isn't she probably alleging that he over took and then slowed down because she wouldn't let him over take though?

And that is why she hit him? Professional victims always make allegations to head off scrutiny of their own conduct.

Customer: replied 1 month ago.
It's a third party company that contacted us, easidrive, and not her insurance company. She was told by my partner that he has dashcam that shows front and back.

That wouldn't stop her making this allegation.

 

Customer: replied 1 month ago.
I understand this angle, dash cam shows mph decreased after being hit and not before. He was trying to get away from her as her driving was very slow and erratic ( 8-9mph in 20mph zone, attempted to turn left but changed her mind suddenly and without notice and carried on when again tried to do the same). We believe this is a fraud attempt
Customer: replied 1 month ago.
Should we engage a solicitor or ask the insurance company to deal with this?

No, like I said, you should inform your insurers.

Of course it is a fraud attempt.

The points above still apply.

Customer: replied 1 month ago.
Many thanks Jo, we will write a full statement and provide all the details to the insurance company.

 

No problem and all the best.

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