Scraped As We Passed Each Other

Question:

Further to our earlier telephone conversation, I would appreciate it if you would be able to give me some free advice on the following offence:

“Failing to stop after an accident and exchange particulars/Failing to report an accident to police as soon as reasonably practicable and within 24 hours”

Contrary to Section 170 of the Road Traffic Act, 1988 (as amended) and schedule 2 to the Road Traffic Offenders Act, 1988 (as amended).

Below is the account of what happened:

On the morning of x, I was returning home with my son, when I noticed a car being driven a bit erratically coming towards me, there were cars parked on both sides of the road. As I went to pass a parked car, the car coming the other way just pulled out and kept coming. I braked and was stationary as he passed my van.

I wasn’t sure if any contact was made, so I pulled my van over where it was safe to do so. As I got out of my van I turned just in time to see the car driving off, so I quickly wrote down the registration number of the car, it then turned out of Gloucester Road and disappeared from sight.

I did not report the incident to the police because I thought you didn’t need to do so unless somebody was injured & at worst, we had only just scraped.

I also didn’t bother to pursue the matter any further, as the panel on the van that the car hit, was damaged anyway and further damage was minimal.

What action would you advise me to take, should I tell the story as it is, or should I deny any knowledge?

A picture of the damage to the van can be provided if required.

I look forward to hearing from you shortly.

Dominic says:

The offences are nasty and if convicted you will get 5-10 penalty points or a discretionary ban.

You have a defence to failing to stop on the basis that you did stop when it was safe to do so.

If damage was caused then you are under a duty to report to the police if you don’t exchange details at the time.

If you would like my help with this matter I have dissuaded the police from issuing proceedings in 64 out of the last 70 cases that I have taken on and I will be happy to assist. I charge a fixed fee of £300 plus vat for this service.

Come back to me if I can help further.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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