[NIP Wizard] Careless driving and failure to stop at a accident Options

[IvanD]

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - April 2019
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Ranleigh street, Liverpool
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - Private leased vehicle
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Stopped at a busy T junction waiting to turn right with my right indicator on, I checked both left and right several times ensuring it was clear, which it was therefore pulled out to pull up behind the stationary car waiting at the red light.

As I pulled out, I focused towards the right as that’s where I was travelling and from the left side, a man walked through parked cars and into the road which resulted in me hitting him on my left side while I was turning.

I stopped, pulled the car into a safe place as to not impede traffic and went over to the man, who was slightly intoxicated and obviously distressed. I waited for around 15/20 minutes during which he was declining to be seen to paramedics who were on route and eventually said he was going home. We exchanged mobile numbers and he said he would be in touch if he needed to get any details. I then was under the impression we both left the scene, however it turns out he stayed and spoke to police and paramedics.


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - Yes
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
  
  You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Tue, 23 Apr 2019 16:27:11 +0000

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[KH_]

Did you also report the accident to the police within 24 hours (or as soon as reasonably practicable thereafter)?

There is that additional responsibility, despite exchanging details

This post has been edited by KH_: Tue, 23 Apr 2019 - 19:26

[southpaw82]

Did you also report the accident to the police within 24 hours (or as soon as reasonably practicable thereafter)?

As soon as reasonably practicable and in any case within 24 hours.

There is that additional responsibility, despite exchanging details

Depends on exactly what details were exchanged.

[notmeatloaf]

A Google Streetview would help but at first glance it would seem difficult to defend the careless driving. The man may have come from the left hand side, but you presumably hit him with the front of your car. Careless driving is a fairly wide "catch all" requiring only that your driving fell below the standard of a careful and competent driver.

As for failing to stop, the requirement is to give your name and address OR if you don't, for any reason, you need to report the accident. If you didn't give him your address, that would seem again difficult to defend.

If they have obtained your details from the lease company so quickly it does suggest they plan to follow it up, however, you may find if the injuries are minor they end up putting your insurance company in touch with the man you hit. If the police approach you for an interview, do not agree to it at home even if they say it will be easier for you. Make sure it is in a police station, where you are entitled to free legal assistance. You don't know the extent, if any, of the man's injuries. Alcohol can mask some pretty big bumps and bruises.

[IvanD]

Did you also report the accident to the police within 24 hours (or as soon as reasonably practicable thereafter)?

There is that additional responsibility, despite exchanging details

I never... I thought that the situation was over when we walked away. This being my first situation like this I didn’t really know what to do.

Did you also report the accident to the police within 24 hours (or as soon as reasonably practicable thereafter)?

As soon as reasonably practicable and in any case within 24 hours.

There is that additional responsibility, despite exchanging details

Depends on exactly what details were exchanged.

Yeah, it was just a number. like above.. I didn’t think the situation was going to get as serious as it has done.

Thanks both for your reply

A Google Streetview would help but at first glance it would seem difficult to defend the careless driving. The man may have come from the left hand side, but you presumably hit him with the front of your car. Careless driving is a fairly wide "catch all" requiring only that your driving fell below the standard of a careful and competent driver.

As for failing to stop, the requirement is to give your name and address OR if you don't, for any reason, you need to report the accident. If you didn't give him your address, that would seem again difficult to defend.

If they have obtained your details from the lease company so quickly it does suggest they plan to follow it up, however, you may find if the injuries are minor they end up putting your insurance company in touch with the man you hit. If the police approach you for an interview, do not agree to it at home even if they say it will be easier for you. Make sure it is in a police station, where you are entitled to free legal assistance. You don't know the extent, if any, of the man's injuries. Alcohol can mask some pretty big bumps and bruises.

I’ll try get one when I’m on the laptop and attach it to the original post. Yeah, it was the front left side that I hit him with.

I mean a name and phone number was what got asked if me and obviously now after reading your response I guess my address would have been needed as well.

ill Remember that point about an interview... I’ll send the section 172 notice off and see what comes back from it.

Thankyou for your advice!

[AntoniC]

The spelling is slightly wrong, its Ranelagh St and here is a googlestreet view of the area

(I know Central Liverpool)

It would also help if OP was more specific about the location.

Ranelagh St Liverpool

[IvanD]

The spelling is slightly wrong, its Ranelagh St and here is a googlestreet view of the area

(I know Central Liverpool)

It would also help if OP was more specific about the location.

Ranelagh St Liverpool

That’s how it was spelt on the NIP (Ranleigh)... think I’d be clutching at straws to say the misspelling would go in my favour?
Ive tried my best to do this on my mobile, hopefully the picture shows the direction of travel, I have tried to attach more but it seems to be buggy on my phone.

[The Rookie]

As an accident occurred there is no need for a NIP in order to prosecute, in addition the minor error has clearly not disadvantaged you so even if a NIP was required it almost certainly wouldn't help.

Your far better off being as cooperative as possible as once he has your insurance details for an ambulance chaser the Police may well take no further action.

[notmeatloaf]

Might be worth texting the chap to see if he's okay as well. Better late than never.

I don't know if it still happens but ten years ago when some bloke pulled out of a junction and spun me into someone's house the police asked me if I wanted them to prosecute. I said no only because the driver had been very apologetic and decent. Maybe in the era of TORs such common sense no longer exists, but a bit of goodwill seldom goes amiss.