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Notice of Intended Prosecution
Maria_Robinson
Posts: 3,004 Forum Member
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A few weeks ago when I was coming off a motorway slip road at Gatwick someone cut in front of me and clipped my wing, I stopped and he said I had pulled in front of him and he was "indicating" although how I was supposed to see that when he came up from behind me to my right I dont know, There was minimal damage to the car, just a scratch and as cars were whizzing past and I wasnt the place to hang around, I jus drove away.
Yesterday I get a letter from Sussex Police saying they intend to prosecute me for Failing to Stop, Failing to Report an Accident, Careless or Inconsiderative Driving - WTF:o
How can this be so, this bloke who was quite old has obviously taken my reg no and reported me but how can they put the blame on me on his say so? I dont particularly like one of my neighbours - does that mean I can go to the police with hs reg no and say he cut in on me? Any advice would be greatly appreciated!
Yesterday I get a letter from Sussex Police saying they intend to prosecute me for Failing to Stop, Failing to Report an Accident, Careless or Inconsiderative Driving - WTF:o
How can this be so, this bloke who was quite old has obviously taken my reg no and reported me but how can they put the blame on me on his say so? I dont particularly like one of my neighbours - does that mean I can go to the police with hs reg no and say he cut in on me? Any advice would be greatly appreciated!
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did you exchange details before doing so? if you didn't then you left the scene of an accident, and it is that you are being summoned for.
This exactly, driving away and not reporting is what's been taken into account in the terms of careless/irresponsible I'm afraid. This is a real tricky one for you now, because by not reporting the incident, it's really gonna look bad. Hindsight is a wonderful thing I know, but I'd never, having been involved in an incident, not take the other details and report it, you can't trust other people, strangers essentially. I've known people who have tried to sort out a cash in hand situation after a minor bump to only then get a call from their insurance company because the other party have went on to report etc, and they've been in that difficult situation of having not reported the incident at the time.
You might be in for an ordeal with this, hope you get it sorted, but it a cruel lesson
You didn't stop. You drove off. You didn't swap details. And you're being prosecuted for it.
Learn from it!
As to who was at "fault" for the original incident...don't be surprised if there was a camera covering that slip road so they may have you bang to rights on the "careless driving" one too.
she also said
the OP needs to clarify what she means by that.
did she swap details or not. if she didn't then she left the scene of an accident.
Nonsense.
Quite...I doubt merely stopping (ceasing movement) alone does not qualify as the proper procedure at the scene of an accident...I suspect getting out, inspecting damage and exchanging information or reaching agreement with other driver on how to deal with damage will ALL have to be done to comply.
You CAN just walk away as long as you're both in agreement and nobody is hurt. The trouble is these days you can't trust the other person not to make out they are the innocent party when they're not.
I have a dash cam...then there can be no dispute whatsoever.
there clearly wasn't agreement though, as stated in the original post.
the OP still hasn't clarified if they exchanged details or not.
http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_driving_e/traffic_accidents.htm
http://www.which.co.uk/cars/driving/driving-advice/what-to-do-if-you-have-a-car-accident/immediately-after-a-car-accident/
Of course it's always possible the AA, Which and Citizen's Advice are just making up all the things you are required to do at the scene of accident to avoid breaking the law......
People on motorway slip roads should be giving way to everyone they meet. How exactly did someone 'cut in front of you'?
My father in law was in a similar position (except that he was 82 and the other guy was in his thirties). Essentially you are stuffed unless you claim not to have been involved in the accident (which would be a lie and is not advisable, particularly if there were witnesses / cameras about).
If you had exchanged details with the other driver then you would probably be in the clear (although he could still report the accident to the police it would be his word against yours that you hadn't agreed to settle and the police wouldn't proceed).
Basically the police have got an easy conviction - you might get off on the careless charge but you get more points on a failure to stop / report charge anyway. If you are lucking you'll get 8 points and a moderate fine.
That junction will almost certainly be covered by CCTV and it's almost certainly the source of your NIP
http://www.bbc.co.uk/travelnews/surrey/trafficcameras/highwaysagency/13429
I pulled over, she pulled over. Came over to the car - did a '1 second long visual inspection', jumped into her car & drove off!
I had 2 little ones strapped in the back - she didnt give a toss!
The police have you bang to rights. However due to circumstances i expect a small fine and few points is all you will get.
I'm sorry but that doesn't really wash with me, in a world were everyone has smart phones. Takes to seconds jumping out vehicle, quick photo, photo contains registration plate, and get name and number, could have been done in seconds... People have accidents are in all sorts of places, you could have both agreed to pull into hard shoulder to exchange info if time was an issue or location was extremely treacherous imo.
I would tell your insurers right now and let them sort it out..you shouldn't have driven off and you should have reported the accident as soon as you got in regardless of whose fault your think it is...
The summons seems a bit harsh, usually a letter from the other insurers confirming your involvement is the first stage... However it's clear this old boy has gone straight to the cops..
All this is common sense really, driving off is not the thing to do.....