Help: Road Traffic Collision

captainarchive

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Cut a long story short; I was driving down a side road a car coming in the opposite direction clipped my car, the driver didn't stop. I noted the number plate and reported it to the police, they've caught up with the driver who claims she didn't stop because she didn't realise there had been any contact. The police say there is no visible damage to the other drivers car, which frankly I'm astounded at. We're not talking about high speed collisions, we were both crawling past each other and the damage to my car amounts to scratches to driver's and passenger doors with a very minor dent to the passenger door edge.

I can't believe there was no damage to the other car, she's either somehow managed to defy the laws of physics or has had the car repaired in the meantime. My question is how far will the police go in examining her car? Will they try to determine whether it's been repaired or will they leave it at a visual inspection? I'm going to see the officer I've been liasing with and I don't want to make a fool of myself by asking for the unreasonable e.g getting forensics on the job.
 
Why does it matter whether the other car is damaged? Are they denying any contact took place?
 
Why does it matter whether the other car is damaged? Are they denying any contact took place?
She's saying she didn't realise any contatc took place. She's being charged with failing to stop at the scene of an accident, failure to exchange details, to inform an insurance company and driving without due care and attention. Apparently if you genuinly didn't realise a collision had taken place, that is a defence. There not being any damage to her car I'm assuming strengthens her claim she didn't realise she'd scrapped my car.
 
She's saying she didn't realise any contatc took place. She's being charged with failing to stop at the scene of an accident, failure to exchange details, to inform an insurance company and driving without due care and attention. Apparently if you genuinly didn't realise a collision had taken place, that is a defence. There not being any damage to her car I'm assuming strengthens her claim she didn't realise she'd scrapped my car.

Presumably 'driving without due care and attention' is still up for grabs - even more so if she didn't realised she'd crashed :)

And the rest are up for the police to proceed with and prove aren't they? Do you have anything at stake which depends on her being charged/convicted?
 
Last year I had a van go into the back of me and while his bumper was cracked and right light broken there wasn't a mark on my car which I was amazed by.
 
Do you have paint from her car on yours?
If there is no damage to her car, no CCTV? then surely she could say that no accident happened? Perhaps you are a chancer trying to get someone else to pay for damage to your vehicle that was already there(though Im no suggesting that is the case of course)
 
Who's to say who was moving and who was not? She could claim you drove into her. I very much doubt it will be anything other than 50:50 and you will have to find the excess and potentially have made a claim.

As soon as you mention it to your insurers, you might as well continue as it will be recorded and may already be on your file.

Sorry it's not better news.
 
If she's not denying there was a collision I'm not sure what the problem is?
 
She's saying she didn't realise that a collision took place, so it's unclear whether she's claiming ignorance but taking responsibility or not.
 
Do you have paint from her car on yours?
If there is no damage to her car, no CCTV? then surely she could say that no accident happened? Perhaps you are a chancer trying to get someone else to pay for damage to your vehicle that was already there(though Im no suggesting that is the case of course)
That's a point without any damage, no independent witnesses or CCTV it's my word against hers. She's damaged my car but more importantly failed to stop, which the police said was a serious offence. If she claims she drove away from the scene of an accident because she didn't realise an accident had occurred the police might not proceed with a prosecution. The other point I failed to mention was there were parked cars on her side of the road so she was partially in my lane when we passed passed each other.
 
She's essentially admitted she was there at the same time but says no contact. It's not like OP has made it up and fluked the time and place ;) I'd say she's likely to be charged.

On a side I rear ended someone in my MKIII focus. Wrecked the BMW bumper, but mine was 100% perfect. Number plate stuck out enough to do the deed!
 
The guy who swung round a corner and stuffed into the side of my wing changed his story several times. Once claiming I had pulled out of the juction. I had pics and he said I must have moved the car.

It's amazing what is allowed to go on. And without concrete evidence, they probably won't bother to fight it in court on your behalf. It's not right, but that is how it works.
 
She's essentially admitted she was there at the same time but says no contact. It's not like OP has made it up and fluked the time and place ;) I'd say she's likely to be charged.

How? I'm not for one minute saying the OP is lying, in fact Iwould tend to believe long-standing members of this forum. But the law has to be beyond doubt.

Here is another version of events by someone who is not the OP. This person comes back to his car parked by the side of the road to see it has been hit and scratched. Annoyed that he is going to have to repair it out of his own pocket he drives home. His journey takes him down a narrow country road and whilst on it he has 'a breathe in moment' when a car driving without care almost hits him, so he notes the licence number and hatches his plan.

He contacts the police who tracks down the driver who being innocent and honest admits that they remember the incident but did not stop because they did not think there had been a collision. The driver shows the police her car which is unmarked.

So in your world the police would charge her.

I would say they wouldn't because they have no prove that she was involved in the collision, quite the contary they have evidence that would suggest that she wasn't.

So sorry OP, whilst I beleive you I can't imagine that the police will take it any further and you will be on your own to get the repairs done.

Cheers,

Nigel
 
Well they will have to inspect her car...is the height consistent etc. I get what you're saying but worst case it will be a split insurance claim I reckon. She'll get shafted either way - better than just your own insurance!
 
Also cars parked on her side does not automatically give you right of way I believe. So even if she was over the white line does not make it automatically her fault I think.
 
Also cars parked on her side does not automatically give you right of way I believe. So even if she was over the white line does not make it automatically her fault I think.
If she had already starting moving past the parked cars before the OP got to them then he should allow her to complete her manoeuvre as she has priority.

Unfortunately I think the captain is going to end up with a dent and she will get away with it. The police may say its a serious offence and may try and charge her. The CPS however will probably not pursue. IMO.
 
If she gives a reasonable excuse why she didn't stop (and the lack of damage to her car would suggest so) then it's for the insurance companies to sort out and Police won't be investigating it
 
Having been in exactly this position, but on the other side of the OP, my advice to the OP is not to get his hopes up.

As long as she maintains that she wasn't aware that she hit you then the police will take no further action. The best you can hope for is a 50/50 payout on the insurance, but you could get nothing if she decides to fight it with your insurance premiums going up as a result.
 
Its an unfortunate situation, I think Cap is probably screwed here.

You don't have much choice other than to call the Police under these circumstances, but then as already alluded to if you put yourself in the woman's shoes some guy has just shopped her to the police for an accident that never happened in order to try facilitate his insurance fraud attempt.

I for one wouldn't be co-operating in any way shape or form, and based on the lack of evidence neither would my insurance company i'd imagine.
 
Based on the information presented, I'm guessing this will be the outcome.

 
I for one wouldn't be co-operating in any way shape or form, and based on the lack of evidence neither would my insurance company i'd imagine.
It all depends on what his insurance company claims for, a 50/50 claim with a 500 or less cost would probably be accepted by the woman insurance company. More than that or going for full responsibility probably not.

As with most things, insurance pay outs are based on cost/expense rather than true/false
 
General question - what is the actual difference in the long run between a claim being 100% your own fault, and 50/50?
 
It all depends on what his insurance company claims for, a 50/50 claim with a 500 or less cost would probably be accepted by the woman insurance company. More than that or going for full responsibility probably not.

As with most things, insurance pay outs are based on cost/expense rather than true/false

Maybe so in disputed cases of who was at fault, but in cases of 'was our client even involved?' i'd say they'll try and hang onto their money?
 

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