davidhopes
Fri, 2 Mar 2018 - 14:44
5 days ago I was driving past shops very near to my house, the parking outside the shops often means cars are parked with their cars sides slightly in the road, there was traffic coming the other way and my car collided with the side of one of the cars parked on the left. They were not in the car. Two male witnesses just left the scene. Two females remained and one went in store to find the driver, the other stayed outside. I had got out the car, after seeing the woman go into the store i drove up the road with the intention of turning around and coming back to find somewhere less obstructive for me to put my car.
I then made the very bad choice as a wave of panic came over me about my insurance and losing my NCB, not being able to afford to run my car anymore etc. to drive home. Ridiculously hoping the female witness didn't take my registration. I am well aware this was a stupid thing to do, I have three kids and am on such a low income the thought this could put me off the road led to this bad decision.
At home i contacted a close friend, who after some discussion said i should have gone back and tried to sort the situation. I eventually left to return but obviously the wintesses and car had gone by this time. As i did not know how to contact the driver or anything I else I decided to leave it until recieving something in the post, possibly with the owners details on it so i could sort it threw my insurance.
Today I received an NIP for the above offences. I'm wondering if the best thing i can do at this stage is to contact that local shop to see if the driver left any contact details and if they did to try and offer up my insurance to pay for the damage ahead of responding to the NIP. I am also wondering what damage limitation I can do if any with regards to points and fines. And also if by chance I am able to contact the driver and they accept my insurance if and what i can get dropped from the allogations. I am sure the witness/witnesses would have left statements.
Many thanks.
Logician
Fri, 2 Mar 2018 - 14:51
No, the local shop is not the right contact, this is now a police matter and you need to contact the police. Sometimes they are content to just put the parties in touch and let the insurance companies sort it out for these small scrapes, sometimes they take it further, but that is in their hands. You will not help yourself by any further delay.
davidhopes
Fri, 2 Mar 2018 - 18:58
Thanks, but to clarify do you mean by calling the police first to see if they can pass my insurance details to the other driver or just by filling out the NIP and hoping for the best?
Also is it in my best interest to leave the comments/explanation section blank or not.
Obviously it sounds like the best i can hope for at this point is that it can be sorted out with insurances as soon as possible.
The Rookie
Fri, 2 Mar 2018 - 19:05
you Have to repl6 t9 the request in writing, so do so, too late to just call in (as the law required, just calling them wouldn’t satisfy that).
Given what you’ve told us, I’d suggest not adding anything at all.
Logician
Fri, 2 Mar 2018 - 19:14
Yes reply in writing on the form sent to you, say nothing you do not have to.
Jlc
Fri, 2 Mar 2018 - 19:16
The alleged offences appear complete - if they decide to pursue them then you seem defenceless.
But as noted the Police may not pursue a minor scrape if they are satisfied insurers are involved. (If you didn't have insurance for example then you would probably expect the full force of the law)
At this stage just the driver needs naming. I would also report the incident to your insurer ASAP as they will inevitably need to be involved.
The next step would for the Police to want to speak to you. Depending on how this goes may well decide how they progress. I would be truthful to them - you panicked and made an error of judgment, honesty may well be the best policy. You will be entitled to legal advice - it's usually best to attend the police station for this so the duty solicitor can be present.
Driving without due care that carries a penalty up to 9 points. But a minor scrape shouldn't attract anywhere near this should they pursue. They may also offer a course to avoid a prosecution - generally this is recommended to accept where you do not have a defence. It is generally regarded hitting a stationary car falls below the standard of a safe and competent driver all things being equal.
Likewise the failing to stop carries a penalty of 5-10 points but would likely be at the lower end of that scale.
Offences committed on the same occasion take the highest offence only for endorsement - however, the fine still applies for each.
The Rookie
Fri, 2 Mar 2018 - 19:43
QUOTE (Jlc @ Fri, 2 Mar 2018 - 20:16)
The most serious offence is driving withOUT due care that carries a penalty up to 9 points.
FTFY.
NewJudge
Fri, 2 Mar 2018 - 19:53
In fact the most serious is failing to stop/report. This can carry up to 10 points and is one of the few motoring offences which carries a custodial sentence (maximum 26 weeks).
southpaw82
Fri, 2 Mar 2018 - 19:56
QUOTE (NewJudge @ Fri, 2 Mar 2018 - 19:53)
(maximum 26 weeks).
Six months.
Jlc
Fri, 2 Mar 2018 - 20:08
Whoops, I've just had a mare!
QUOTE (southpaw82 @ Fri, 2 Mar 2018 - 19:56)
QUOTE (NewJudge @ Fri, 2 Mar 2018 - 19:53)
(maximum 26 weeks).
Six months.
Older sentencing guidelines said 26 weeks. The latest 6 months.
But aren't they about the same?
The Rookie
Fri, 2 Mar 2018 - 20:24
About, yes, but the longest 6 months is 184 days, the shortest 181 days, 26 weeks is 182 days.
davidhopes
Fri, 2 Mar 2018 - 20:29
OK, so I am best to fill out the form leaving no comments, and to contact my insurance company. I am not sure what to tell them as I do not have the other car owners details and I'm going to guess they share information with the police? Do I just say that I have received an NIP? Surely whatever I say to my insurance company is going to end up as information that the police will use in deciding their course of action with me? or is that not how it works?
Thank you for the answers so far.
The Rookie
Fri, 2 Mar 2018 - 20:31
Not how it works, your insurer won’t be asked anything by the police in the normal course of events, but it’s far better to let the insurer know now.
southpaw82
Fri, 2 Mar 2018 - 20:50
QUOTE (Jlc @ Fri, 2 Mar 2018 - 20:08)
Whoops, I've just had a mare!
QUOTE (southpaw82 @ Fri, 2 Mar 2018 - 19:56)
QUOTE (NewJudge @ Fri, 2 Mar 2018 - 19:53)
(maximum 26 weeks).
Six months.
Older sentencing guidelines said 26 weeks. The latest 6 months.
But aren't they about the same?
6 months is from the statute, so is the answer.
davidhopes
Sat, 3 Mar 2018 - 15:25
QUOTE (The Rookie @ Fri, 2 Mar 2018 - 20:31)
Not how it works, your insurer won’t be asked anything by the police in the normal course of events, but it’s far better to let the insurer know now.
Thank you, ive notified insurer and am sending NIP back with no comments/explanation. Do they give my insurance details to other party or how does it work? I am guessing my best hope now is a reply offering endorsement fine and driving course or something?.
The Rookie
Sat, 3 Mar 2018 - 16:19
They provide your details to the other party (who would share with their insurers) that likely would result in a civil claim to you (which would be covered by your insurance).
On the criminal side, the police will decide whether to progress the failure to stop/failure to report and possibly driving without due care and attention. It would be very unlikely to be an ‘offer’ more likely a summons IF they progress any of them.
notmeatloaf
Sat, 3 Mar 2018 - 16:21
QUOTE (davidhopes @ Sat, 3 Mar 2018 - 15:25)
QUOTE (The Rookie @ Fri, 2 Mar 2018 - 20:31)
Not how it works, your insurer won’t be asked anything by the police in the normal course of events, but it’s far better to let the insurer know now.
Thank you, ive notified insurer and am sending NIP back with no comments/explanation. Do they give my insurance details to other party or how does it work? I am guessing my best hope now is a reply offering endorsement fine and driving course or something?.
Best case is that the police decide to take no further action as both insurance companies are now in touch.
As JLC says to this end you may want to include a "moment of madness under pressure, learnt my lesson, thank you so much for your help" type note as you are relying on their discretion here.
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