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RTA, Police interview 3 weeks after accident
JDT1970
post Wed, 19 Dec 2018 - 11:58
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Please forgive me if this has already been asked I am a new memeber, can I ask for some advice regarding a RTA i was in with 2 passengers in my car, only one of the passengers had severe injuries which came to light several hours later and was admitted to hospital, 3 weeks after the collision i recieved a phone call from the police to say they will be visiting me in the new year to interview me due to the nature of my pasengers injuries, my insurance comoany have informed me i am to blame for the colision and my car is a right off, can I ask if I need to contact a solicitor prior to my police interview at home and are the police going to be looking at charging me with dangerous driving, many thanks for all your advice.
Also since contacting a solicitor here in Scotland i have been advised as the accident happened over the border i would need to speak with a Solicitor from England, can anyone please advise, many thanks.

This post has been edited by JDT1970: Wed, 19 Dec 2018 - 14:36
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post Wed, 19 Dec 2018 - 11:58
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cp8759
post Wed, 19 Dec 2018 - 12:02
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See if your insurance policy includes legal cover for defending a criminal allegation, some companies will cover this. I would suggest it would be wise to get legal advice if they are contemplating a dangerous driving charge and they want to interview you under caution.


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The Rookie
post Wed, 19 Dec 2018 - 12:07
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If you attend the station for the interview (rather than them coming to you) you are entitled to free legal aid (at legal aid rates), best to arrange that yourself.

It sounds like the Police are considering what could be some quite serious charges (Dangerous driving would be at least a 1 year disqualification) so its worth getting some help I'd suggest.


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Redivi
post Wed, 19 Dec 2018 - 12:07
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Without knowing the full story it's impossible to know if they will charge dangerous or careless

If your insurance company has already reached its decision, it looks as if there's enough evidence for a prosecution

Don't ever agree to a police interview at home
Insist on the interview at the police station where you will have the benefit of the duty solicitor

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BaggieBoy
post Wed, 19 Dec 2018 - 12:07
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It would be worth getting a solicitor involved prior to attending. I once attended a police station to to give (what I thought was) a voluntary interview, but I was arrested on the spot, cautioned and booked in. Because I had no solicitor with me I had to wait until one could attend (a couple of hours). In the meantime I had to sit in a cell!
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JDT1970
post Wed, 19 Dec 2018 - 12:15
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QUOTE (cp8759 @ Wed, 19 Dec 2018 - 12:02) *
See if your insurance policy includes legal cover for defending a criminal allegation, some companies will cover this. I would suggest it would be wise to get legal advice if they are contemplating a dangerous driving charge and they want to interview you under caution.


Thank you, yes we have legal cover on the policy, when the police phoned they did say it was nothing to worry about and they would also be visiting my passenger who sustained the injuries but was fast asleep when it happened, i am worried sick about the whole thing as i did'nt declare a sp30 on the insurance from 3 years ago when we took the policy out last december.

QUOTE (The Rookie @ Wed, 19 Dec 2018 - 12:07) *
If you attend the station for the interview (rather than them coming to you) you are entitled to free legal aid (at legal aid rates), best to arrange that yourself.

It sounds like the Police are considering what could be some quite serious charges (Dangerous driving would be at least a 1 year disqualification) so its worth getting some help I'd suggest.


The accident happened in Northumbria and i live in scotland i think that's why they are coming to me.


QUOTE (Redivi @ Wed, 19 Dec 2018 - 12:07) *
Without knowing the full story it's impossible to know if they will charge dangerous or careless

If your insurance company has already reached its decision, it looks as if there's enough evidence for a prosecution

Don't ever agree to a police interview at home
Insist on the interview at the police station where you will have the benefit of the duty solicitor


Yes my insurance informed me of decision that i was at fault this the very next day, the accident happened in England and i live in scotland i think that's why they are visiting me.
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Dean123
post Wed, 19 Dec 2018 - 12:15
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QUOTE (The Rookie @ Wed, 19 Dec 2018 - 12:07) *
If you attend the station for the interview (rather than them coming to you) you are entitled to free legal aid (at legal aid rates), best to arrange that yourself.


You're entitled to a legal aid solicitor anywhere you are interviewed, not just a Police Station.
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notmeatloaf
post Wed, 19 Dec 2018 - 13:03
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QUOTE (Dean123 @ Wed, 19 Dec 2018 - 12:15) *
QUOTE (The Rookie @ Wed, 19 Dec 2018 - 12:07) *
If you attend the station for the interview (rather than them coming to you) you are entitled to free legal aid (at legal aid rates), best to arrange that yourself.


You're entitled to a legal aid solicitor anywhere you are interviewed, not just a Police Station.

I don't know what a "legal aid solicitor" is, but the interview needs to be at a police station for it to be funded by legal aid. Otherwise the OP will need to pay for his "legal aid solicitor" from his own pocket.

To the OP, don't ever take the police's advice that it is "nothing to worry about". If they are interviewing you under caution then they are potentially going to be using what you say in court. Just because they seem lovely and helpful doesn't mean they won't throw you under the bus.
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JDT1970
post Wed, 19 Dec 2018 - 13:27
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QUOTE (notmeatloaf @ Wed, 19 Dec 2018 - 13:03) *
QUOTE (Dean123 @ Wed, 19 Dec 2018 - 12:15) *
QUOTE (The Rookie @ Wed, 19 Dec 2018 - 12:07) *
If you attend the station for the interview (rather than them coming to you) you are entitled to free legal aid (at legal aid rates), best to arrange that yourself.


You're entitled to a legal aid solicitor anywhere you are interviewed, not just a Police Station.

I don't know what a "legal aid solicitor" is, but the interview needs to be at a police station for it to be funded by legal aid. Otherwise the OP will need to pay for his "legal aid solicitor" from his own pocket.

To the OP, don't ever take the police's advice that it is "nothing to worry about". If they are interviewing you under caution then they are potentially going to be using what you say in court. Just because they seem lovely and helpful doesn't mean they won't throw you under the bus.


Thankyou, when the police phoned they did ask me on the phone to give them a description of what happened and did i remember everything, which i dutifully gave to them.
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popeye2755
post Wed, 19 Dec 2018 - 13:34
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Have you informed your insurance company yet about not declaring the SP30?

This post has been edited by popeye2755: Wed, 19 Dec 2018 - 13:34
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JDT1970
post Wed, 19 Dec 2018 - 13:55
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QUOTE (popeye2755 @ Wed, 19 Dec 2018 - 13:34) *
Have you informed your insurance company yet about not declaring the SP30?


No I have'nt and as we stayed with the same insurance company for the renewal I did declare it on the policy this time, the sp30 will be four years old this March .


QUOTE (Redivi @ Wed, 19 Dec 2018 - 12:07) *
Without knowing the full story it's impossible to know if they will charge dangerous or careless

If your insurance company has already reached its decision, it looks as if there's enough evidence for a prosecution

Don't ever agree to a police interview at home
Insist on the interview at the police station where you will have the benefit of the duty solicitor


Thank you, it happened on the A1 about 10 miles from Berwick, I wanted to go back to the petrol station i had just passed but couldn't see the entrance so i went along a bit until i saw a sign for a village indicated to turn into the right then moved to go onto that road but it was dark and i miss judged the road entrance so slowed down and then it happened a mercedes artic lorry crashed into the left hand back passeger side of the car and within minutes all of the services were on the scene
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Logician
post Wed, 19 Dec 2018 - 14:04
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QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
QUOTE (popeye2755 @ Wed, 19 Dec 2018 - 13:34) *
Have you informed your insurance company yet about not declaring the SP30?
No I have'nt and as we stayed with the same insurance company for the renewal I did declare it on the policy this time, the sp30 will be four years old this March


So you declared it to your insurance company when renewing your policy for the year you are now in? And you gave the date it had occurred?



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JDT1970
post Wed, 19 Dec 2018 - 14:11
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QUOTE (Logician @ Wed, 19 Dec 2018 - 14:04) *
QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
QUOTE (popeye2755 @ Wed, 19 Dec 2018 - 13:34) *
Have you informed your insurance company yet about not declaring the SP30?
No I have'nt and as we stayed with the same insurance company for the renewal I did declare it on the policy this time, the sp30 will be four years old this March


So you declared it to your insurance company when renewing your policy for the year you are now in? And you gave the date it had occurred?

Yes the renewal was done just the other day.
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popeye2755
post Wed, 19 Dec 2018 - 14:38
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So the accident occurred during the previous policy year?

This post has been edited by popeye2755: Wed, 19 Dec 2018 - 14:38
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JDT1970
post Wed, 19 Dec 2018 - 14:43
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QUOTE (popeye2755 @ Wed, 19 Dec 2018 - 14:38) *
So the accident occurred during the previous policy year?


Yes it did
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cp8759
post Wed, 19 Dec 2018 - 16:05
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QUOTE (BaggieBoy @ Wed, 19 Dec 2018 - 12:07) *
It would be worth getting a solicitor involved prior to attending. I once attended a police station to to give (what I thought was) a voluntary interview, but I was arrested on the spot, cautioned and booked in. Because I had no solicitor with me I had to wait until one could attend (a couple of hours). In the meantime I had to sit in a cell!

For the benefit of the OP, if you attend a police station for a voluntary interview and are arrested, they might struggle to justify the necessity of the arrest.


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BaggieBoy
post Wed, 19 Dec 2018 - 16:11
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QUOTE (cp8759 @ Wed, 19 Dec 2018 - 16:05) *
QUOTE (BaggieBoy @ Wed, 19 Dec 2018 - 12:07) *
It would be worth getting a solicitor involved prior to attending. I once attended a police station to to give (what I thought was) a voluntary interview, but I was arrested on the spot, cautioned and booked in. Because I had no solicitor with me I had to wait until one could attend (a couple of hours). In the meantime I had to sit in a cell!

For the benefit of the OP, if you attend a police station for a voluntary interview and are arrested, they might struggle to justify the necessity of the arrest.

The reason given to me at the time was that information gathered from the scene suggested that I might have been on the wrong side of the road at the time of the accident and so they needed to interview under caution. Subsequent investigation showed that this was not the case and ended up as a NFA. Seems they needed very little to justify the arrest to the custody sergeant.
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cp8759
post Wed, 19 Dec 2018 - 16:21
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QUOTE (BaggieBoy @ Wed, 19 Dec 2018 - 16:11) *
The reason given to me at the time was that information gathered from the scene suggested that I might have been on the wrong side of the road at the time of the accident and so they needed to interview under caution. Subsequent investigation showed that this was not the case and ended up as a NFA. Seems they needed very little to justify the arrest to the custody sergeant.

You can be interviewed under caution during a voluntary interview, so it is at the very least questionable whether an arrest was necessary.


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Spinstorm
post Wed, 19 Dec 2018 - 18:09
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Just get a solicitor. Google RTA lawyers or something similar.

I had an accident - was invited to the police station - got a solicitor - and he was very helpful.

Police didn’t pursue the case - I think he cost me £300 - totally worth it.
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JDT1970
post Wed, 19 Dec 2018 - 19:57
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QUOTE (Spinstorm @ Wed, 19 Dec 2018 - 18:09) *
Just get a solicitor. Google RTA lawyers or something similar.

I had an accident - was invited to the police station - got a solicitor - and he was very helpful.

Police didn’t pursue the case - I think he cost me £300 - totally worth it.

Thankyou, I did try to get a solicitor today from the borders but was informed he only works two half days a week and advised to call back tomorrow. The police are travelling up from the borders where the accident happened to interview me at my home address round about the 12th of January.
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