View Full Version : Law regarding minor RTA's?
Matt.Wild
08-08-2004, 15:24
Me and my girlfriend were just out on a small driving lesson (me teaching her, she's still on a provisional) and some w@nker in a N reg (N487 OTG) Fiesta just tried overtake her on a blind bend. As we came round corner we could see that there was a red Escort coming the other way and that there was no room for them to get by...
...she expertly swerved to the left as far as she can to try to make room to try to avoid the ****er in the Fiesta hitting the on coming Escort head on (could have been nasty, if the Fiesta was hit into our path - could have been a three way head on between the oncoming escort, the overtaking fiesta and us :eek: ), she did well to keep control and managed to avoid clipping the kerb (and possibly then flying down a ditch beside the road, could have been serious!) and the Fiesta somehow got thro but its rear end clipped our 306 front end (Its dented the front wing which I believe we can get popped back out at resprayed).
Annoyingly, tosser in the Fiesta drove off. He just put his foot down and sped off - I can;t believe he didn't stop :mad: Prolly driving without insurance, tax and mot :mad: We've got his reg plate N487 OTG, know his car is dark blue and that its an early shape Fiesta.
She did really well to hold the car on the road considering she's only been learning to drive for about 10 hours or so, and even once she'd been hit she still checked mirrors and made certain she was safe to stop and wasn't going to be nailed by another car from behind :notworthy - more than I would have done when I was learning to drive.
The local Police station is closed until tomorrow but the question is this - with the damage involved (prolly around £100-150 to repair to pre-accident condition) and the fact that she has no NCB at the moment, will declaring this make her insurance go mad next year? Does she have to report the incident legally? I just can't believe he tried to overtake there :rolleyes: :rant:
Equally, can't believe how well she coped with it and took it in her stride - really proud of her :notworthy :thumbs: Just gotta keep her confidence up to keep her driving :)
I would still report it as a fail to stop, just for peace of mind.
I had someone go into the back of me & not stop a while back. I nearly didn't report it, but it's a good thing I did - the to$$er only reported Me for failing to stop after running into me!!! :mad:
If u leave it they could hang u out to dry if they wanted to... And if they have no insurance, or the registered owner can't be traced (the most probable reason for taking off), then u will be fine.
:eek: feckin ell :furious:
Glad you two are both okay, can you go back to the scene and take some pics, skid marks, debris on the road etc...
I'm sure you can still call 999 on this and make a report giving details etc
Who the hell is in such a rush on a sunny Sunday, hopefully he dropped his fag between his legs later on and drove into bridge mistaking his dick for it :indiff:
Matt.Wild
08-08-2004, 15:35
Unfortunatley (or maybe fortunatley) there is no skid marks and or debris as litterally the wing of the car was hit and he somehow bounced off us and somehow avoided the oncoming car too just leaving the wing dented in above the wheel.
How easy is to replace a Pug 306 wing? It looks welded on so could be a Pig to get off. Equally, it looks like we could pop it back out without too much hassle and there doesn't appear to be any angled bends, just smoothly bent in :) Just gonna put us £100-150 down :mad:
You HAVE to report it. It is a criminal offence not to stop after an accident. You have the reg, the police will be interested. It will be fairly obvious that the car hit you when examined.
Make a decision on insurance once the police have looked for the Fester.
Glad you're both OK. :eek:
Matt.Wild
08-08-2004, 16:07
Glad you're both OK. :eek:
Me too thanks to my GF :thumbs:
Well done to the GF, Michelle Schumacher hey!? :D
I agree that you have to report it too! My advice would be to report it to the major police station in the area, straight away!
Otherwise he is going to go underground and never be seen again... :nod:
Martin T
08-08-2004, 18:48
Me and my girlfriend were just out on a small driving lesson (me teaching her, she's still on a provisional) and some w@nker in a N reg (N487 OTG) Fiesta just tried overtake her on a blind bend. As we came round corner we could see that there was a red Escort coming the other way and that there was no room for them to get by...
...she expertly swerved to the left as far as she can to try to make room to try to avoid the ****er in the Fiesta hitting the on coming Escort head on (could have been nasty, if the Fiesta was hit into our path - could have been a three way head on between the oncoming escort, the overtaking fiesta and us :eek: ), she did well to keep control and managed to avoid clipping the kerb (and possibly then flying down a ditch beside the road, could have been serious!) and the Fiesta somehow got thro but its rear end clipped our 306 front end (Its dented the front wing which I believe we can get popped back out at resprayed).
Annoyingly, tosser in the Fiesta drove off. He just put his foot down and sped off - I can;t believe he didn't stop :mad: Prolly driving without insurance, tax and mot :mad: We've got his reg plate N487 OTG, know his car is dark blue and that its an early shape Fiesta.
She did really well to hold the car on the road considering she's only been learning to drive for about 10 hours or so, and even once she'd been hit she still checked mirrors and made certain she was safe to stop and wasn't going to be nailed by another car from behind :notworthy - more than I would have done when I was learning to drive.
The local Police station is closed until tomorrow but the question is this - with the damage involved (prolly around £100-150 to repair to pre-accident condition) and the fact that she has no NCB at the moment, will declaring this make her insurance go mad next year? Does she have to report the incident legally? I just can't believe he tried to overtake there :rolleyes: :rant:
Equally, can't believe how well she coped with it and took it in her stride - really proud of her :notworthy :thumbs: Just gotta keep her confidence up to keep her driving :)
YHPM :)
You HAVE to report it.
Spot on.
As details were not exchanged at the time, you MUST report the accident within 24 hours, or your gf will be committing an offence.
Report it. Next time, it could be your 200 coming the other way when he goes to intimidate a learner, and he might not miss you!
Matt.Wild
08-08-2004, 21:45
Very true. Reporting it 1st thing in the morning since all the ones within 15 or so miles are closed :mad:
Pay so much council tax but get what exactly? :confused:
couple of choices mate
1. report it -
owing to the presence of a mechanically propelled vehicle on a road, damage has been caused to your car.
if he had stopped, exchanged names/addresses etc, then it would not be a reportable road accident, as no one is injured, but as he has failed to stop after an accident and give any person requiring those details, he has failed to stop at the scene of an accident. however he does have 24hrs to report it at any police station, and he would then fall within the boundaries of the law.
by reporting it, pc plod would then get the keeper details, and pay him/her a visit, obtain his details, make sure the car has mot, tax, get insurance details. but he would not give them to you, it will go onto a file and your insurance company, after they request the details from the police, and pay a small charge, will be sent a copy of the completed accident report, with all relevant details on it. the driver may get reported for failing to stop/failing to report an accident, but the way our judicial system is he may get a small fine, thats if it passes the cps tests for it to even get to court in the first place, (your word against his, strength of posibililty of conviction has to be over 70%, and is it in the public interest to prosecute)
for this to happen though, you must report it to your insurance company.
2.
dont report it to the police, or your insurance company, for the sake of what you expect it to cost, and the possibility of his insurance company agreeing to pay out rather then putting down to 50/50 if anything at all (what if he has an alibi??? did you clock the reg of the oncomng car to act as an independant witness????), how will it affect not just future NCB, but next years insurance premium, will it go up more than the cost to repair?
and keep you eye out for it and then 'have a word with him or his car about it'
or get a form from your local dvla office, pay a tenner, and find out the full details of the current owner, hoping that he/she has registered it their name.
my advice,
option 2, i know it's not maybe the correct and legal way to go about it, but then insurance company need not know about it, i would still report to the police, but do so only for their information and recording purposes, make sure you tell them you want no action taken over the matter as you will sort out the damage yourself. then if he has reported it you are still covered legally as having fulfilled your legal obligations.
or get a form from your local dvla office, pay a tenner, and find out the full details of the current owner, hoping that he/she has registered it their name.This won't happen. Due to data protection, you can only do this if you already own the car, i.e. to find all previous keepers details.
nice one mate, didnt know that, ive never used that system before :thumbs:
Report it, both to the police and insurance, but tell insurance company you don't wish to make a claim. Hence saving no claims...
I had an idiot over take me and two cars in front yesterday, where the two cars in front were indicating right and pulling across... All this over the crest of a mild hill...
i would say the only prob informing your insurance co is that even though its a non fault, no claim accident, its still an accident, and i would have thought it would affect your premium
Matt.Wild
09-08-2004, 17:56
I've spoken to the Police and the insurance company. Police are going to speak to him, and get him to pay up either via insurance or personally. If he hasn't got insurance or won't pay up then we have agreed with the police to throw the book at him and take him to court.
We have all details needed (apparently - Indeed, we still have his paint in the dent in the car) to convict him (or maybe even her) of at least 1 charge and more likely more - not stopping at an RTC, driving without due care or attention, dangerous driving (not sure how that is different) plus another couple of things - obviously he may not have insurance, tax, mot or a mixture of all three.
It won't affect my insurance as under her name, so for me, my 200 insurance is still sound as a pound :thumbs: and apparently won't affect hers as she hasn't claimed and she wasn't at fault :thumbs: :nod: :clap:
difference between due car and attention (careless driving) and dangerous, if i remember rightly off the top of my head is that careless driving occurs when the standard of driving falls below that of a competant driver, and to get dangerous driving you have to have two seperate instances of careless driving within the same overall incident.
Nice one. Good luck. :thumbs:
Matt.Wild
09-08-2004, 22:51
Wish I wasn't a law abiding kinda guy. If I wasn't, i'd have to accidently walk into his car a number of times with a sledge hammer since I know where he lives :mad:
Matt.Wild
11-08-2004, 22:29
Update:-
Police questioned him and he said he misjudged overtaking and thought he had clipped the curb as his car has no damage...
...rubbish! He booted and clearly knew what he did AND I went for a hunt and found the car and its clearly got a big dent in it from where he hit us and the dent had our green paint in it :censored:
When all said and done tho, he's offered to pay us in cash the amount for the repair as he's only recently passed his test (in the last 12-18 months) and it seems in reality he panic'd and shot off. TBH, if its taught him a lesson etc and it that he doesn't have to re-do his test (i'd rather have him legal with insurance, MOT, Tax etc like he apparently is) then its fine with me:)
Martin T
11-08-2004, 23:00
Make sure evidence is recorded still or he could just change his mind :mad:
Also get aggreement for him to pay in writing :nod:
Do not trust this fecker - he's allready tried to get away with it once :mad:
i would say thats the easier option, just make sure that the rozza's know that that what your doing.
this way though he does not have to inform his insurer, and so keeps his premium down, however you have informed yours, and even though not your fault and no claim was made against you, insurance companies are funny b*ggers!! :rolleyes:
at least it looks like all will be sorted :thumbs:
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