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John
John, Solicitor
Category: Traffic Law
Satisfied Customers: 1863
Experience:  10 years legal experience
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I had an accident. There was a motor bike who hit my car

Customer Question

I had an accident. There was a motor bike who hit my car number plate and he skied and fell off. I called the police and ambulance. The police gave me ticket for careless driving without due attention. I believe it's not my fault because he was coming very fast. Where am I stand legally? What action shall I take? I believe it say online it could be 3 point and £100 fine or it may go to disqualification. I also believe the police officer was raciest and give me this ticket. Please advise what should I do? I have notified my insurance company but they just took only my car details and his vehicle details.
Submitted: 16 days ago.
Category: Traffic Law
Expert:  John replied 16 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Customer: replied 16 days ago.
Ok no worries
Expert:  John replied 16 days ago.

Thanks for your message. Can you describe the accident circumstances?

Customer: replied 16 days ago.
I was turning right to main road from side road I was coming out to main road and when I show speedy motorbike came I stopped my car but he imbalance his bike and hit my number plate and felt off from his bike. Then I pull my car back because I was on the middle of the road and assist him by calling the 999 and ambulance service.
Customer: replied 16 days ago.
When police came that time I was on the phone with 999 there is main road camera but police charge me for driving without due attention
Customer: replied 16 days ago.
I ask to police what evidence do you have but they told me that they speak with witness but I have not seen weather they have taken any witness statement from anyone.
Customer: replied 16 days ago.
There is no damage on my side car at all near my driving wheel. He did not hit on my car side. I did not hit him and my car was stopped on the road.
Expert:  John replied 16 days ago.

Ok thanks for explaining. Unfortunately pulling from a minor into a major would be a fault claim, even if you were stationary as you would have affected the movement of the motor bike. If you are charged with driving without due care and attention it would be a £100 and 3 points. I’m sorry to say. Report it to your insurance and they will deal with the liability aspect.

Customer: replied 16 days ago.
Are you saying it was my fault even though he was very fast and driving his bike more than 60 speed on 30 mile per road
Expert:  John replied 16 days ago.

Yes unfortunately. Speed will not be relevant to liability in a road traffic accident.

Customer: replied 16 days ago.
But he hitted my car and I did not hit him. There is CCTV camera on main road
Customer: replied 16 days ago.
I don't know weather it is showing my car or not
Expert:  John replied 16 days ago.

I understand and it is a dispute that your insurance will need to sort out if you wish to dispute it. But from my experience dealing with these claims, it is likely more than not, would be found to be at fault. I have a duty to be honest with you and it may not be the answer you want but it my honest opinion.

Customer: replied 16 days ago.
I understand and I appreciate. Can they disqualify me?
Customer: replied 16 days ago.
Because online it says I can get 9 point or maybe disqualify
Expert:  John replied 16 days ago.

Not really unless you already have points on your licence. The standard charge for without due care and consideration is as ecpleiabove. But there are severities which from what you have said should not attract more points or disqualification

Customer: replied 16 days ago.
Even though I was stopped does it count driving without due attention as my car was not in motion when I saw he is coming with speed
Customer: replied 16 days ago.
What circumstances would be count it's not my fault?
Expert:  John replied 16 days ago.

Unfortunately it does still count as you were pulling from a minor into a major. If you were behind the line before turning you would have more of a liability argument.

Customer: replied 16 days ago.
Ok finally, can they charge me driving without due care and attention if my car was not in motion?
Expert:  John replied 16 days ago.

Yes if the position of the car was questionable then yes.

Customer: replied 16 days ago.
Ok shall I ask CCTV camera evidence?
Expert:  John replied 16 days ago.

It can help assist and determine precisely who the at fault party is so yes it is worth getting.

Customer: replied 16 days ago.
Ok can I complain against police who I believe was racist as they have not given his driving details and did not charge him driving without due to care and attention
Expert:  John replied 16 days ago.

Yes absolutely. You have cause to do so

Expert:  John replied 16 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 16 days ago.
How do i.make complaint about their racism? They have not shown any video footage or statement.
Expert:  John replied 16 days ago.

You will need to raise a complaint directly to the police if you believe they have been racist. If you wish to take court action, you will need to instruct a law firm which you can access here https://solicitors.lawsociety.org.uk/ All the best.

Customer: replied 16 days ago.
Can you also explain to me what will happen after the accident? What are the procedure will take in place? He was riding motor bike and he put L sign on his motor bike but he was on his own.
Expert:  John replied 16 days ago.

If he is claiming for injury he will report the matter to his insurer's / solicitors who will be in touch with your own insurers to start a claim. Liability will be reviewed, and if accepted by your insurers then a payout will eventually be made.