Just got back from taking kids out. Idiot in 500 SL Merc cut me up and clipped his car bonnet ( I think ). On dual carriageway ( very busy ). Signed to pull over but I indicated at end of carriageway. At end waited but could'nt find him. Went home and looked at LR, could'nt see any marks other than the old ones that were there before ???
Do I report to police or what ?
Ta
If no-one is injured there is no requirement to report it to the police.
On the other hand leaving the scene of an accident without exchanging names and addresses with the other parties is also an offence.
Your best bet is to ring the cops and report it, and get an incident number if you can. Report it as a compliant. Dangerous driving, by him...
It can't hurt.
I agree! He was the one with the damage, so I would report it just so he call the cops and say that YOU were the one who was at fault and left the scene.
I would say yes, for the reasons the others have stated. But I'm curious. To me, getting "cut up" means that he pulled in sharply in *front* of me and made me brake hard to avoid the *back* end of his car clipping the *front* of mine. How would he have clipped the bonnet (I presume you mean the front) of his car? If he did indeed clip the back of your LR with the front of his car then I would strongly suspect that it was his fault because that would mean that he was behind you and misjudged things completely ... and a clout from behind almost always means the person clouting (i.e. him at the back) is at fault/liable. Unless you were reversing up the dual carriageway ..... ;-)
Steve
carriageway
3 into 1 lane, he tried to overtake in outside lane mean't for 2nd exit whereas I was going straight across island. I think he clipped rear offside of mine but cannot see any damage ( right at lower corner ). To be honest as he was at fault I can't be bothered with hassle of phone call but I suppose ...... .Ta all
So from this explanation I gather you pulled out in front of him in the outside lane? How is he at fault or have I got it wrong?
Martin
You would be unwise to ignore this, whoever you think is at fault. Failing to stop at the scene of an accident is an offence which you have already committed. This immediately puts you in a bad light with the police in the event the other party reports the incident. Your insurance company won't be too pleased either if the other driver made a note of your number and puts a claim for damage in through his insurer and you haven't reported it.
All it takes is a quick phone call to report the details and get an incident number. What's to lose?
No there was no outside lane, he simply tried to overtake on the outside that did'nt exist and when he could'nt make it he had to pull in behind and clipped the rear. I had every right to be in my lane and did not fancy losing control by swerving left into the path of another car
... And he'll go to a "no win - no fee" solicitor and lodge a claim in the small claims court and then you will end up having to prove it wasn't your fault etc etc.
No need to report it, no injury it seems and he did not bother to follow. Would make a note of the day/time etc tho if any future developments.
In the small claims court the onus is on the plaintiff to demonstrate "beyond reasonable doubt" that the defendant was at fault and therefore liable - not the other way around. Whether the OP makes the call to the police or not won't determine if a small claims writ is issued, or not.
(snip)
Provided that registered number, name and address of driver and owner have been given to the other party.
The requirement is to stop and give the above details to any person reasonably requiring them. The OP stopped when it was safe to do so but the other vehicle didn't show. Having not exchanged details, the OP then must report the accident to Police as soon as reasonably practical, and in any case within 24 hours.
Agreed. (snip)
Report it asap. All it costs is a phone call & a few minutes. As others have said, once you have a crime number, you are covered as far as the police & your insurance company are concerned. They'll want your insurance & other details & the registration number & a short description of the other vehicle.
It's saved me trouble on one occasion, even though the police had it down as a 50/50. The other guy didn't report it, & ended up in trouble over it. No injuries & minimal damage to the vehicles.
Tciao for Now!
John.
This is wrong! Road Traffic Act 1988, Section 170 clearly says you must report ALL accidents to the police either at the time or within 24 hours of the incident. Highway Code rules 260 & 261 refer.
The police round here aren't interested if there are no injuries but I would think that doesn't mean you won't get prosecuted if there's a query. Better to be safe and report it I'd say even though it wasn't your fault.
Martin
Yes - it's a pain in the bum, but much less so than what happened to me. After a very minor bump in Bath, and having agreed with the other driver no action was needed, I got a summons and was done for due care, failing to report and criminal damage - despite the bumper on my Mini being bent *forward*, indicating he must have been undertaking!. They reported it about 2 hours later, presumably having had some other problem. Oh, and they magically produced a heavily pregnant woman as a witness (who wasn'rt there at the time).
Richard
That's the standard of proof for criminal, not civil, trials. The civil courts require a lower standard, 'on balance' meaning 51 not 100%. But you are right, on paper, the plaintiff has to prove his case but in reality, the defendant may also have to disprove it. In this case, it will be one party's word against the other's.
One other point, IIRC, a plaintiff cannot recover legal fees in a small claims case. The whole point of the court is that the 'little guy' can bring a case against the 'big guy' - i.e. not dependant upon one's wealth or lack thereof.
That was worth an appeal surely? There's no need to report a non injury accident provided details are exchanged or am I wrong?
Anyway, if you had reported it and they were prepared to lie, you may still have been done for the other two offences!
TonyB
Morning Jonathan, I couldn't remember the phrase that covered the degree of "proof" needed for civil actions. You're right, of course.
I think you may be right about the plaintiff not being able to recover costs but as a (successful) defendant I was awarded costs to cover travel and accommodation expenses - the court hearing was a long way from home - plus a significant amount to cover hiring a company to make checks into the plaintiffs history.
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