Hi all,

Assume this is the correct section, please mod if I'm mistaken.

Over the weekend I was contacted by the police asking if I would come in for an interview, I've a funny feeling the intention is to prosecute me rather than help me

Incident-

I queued in lane 2, a double decked bus came down lane 1 which is marked left hand only for 100 yards or so before attempting to to stray into lane 2 to go straight ahead, as I'm blowing the horn as the bus now strikes the side of van turning the mirror in & continues though the junction in the wrong lane, the road is now two lanes I position myself in front & start to slow down straddling both lanes as I wish to check the damage on my vehicle I come to gradual halt in the lane 1 which has the bus restrictions in place at the time, the bus now hits the van at more than a walking pace damaging the rear doors & bumper.

Bus driver denies hitting my vehicle in the 1st place, police attend & show the PC the mirror, along with a mark on the bus where it hit is & give him my details. Bus leaves the scene before I do.

Now the police have cctv from the bus & the city cctv system, I'm of the opinion that I'm the injured party & the cctv would back this up....

However my spider senses tingle with the idea that everyone on the bus is attempting a no win no fee claim compo pay day,

So being prudent I don't wish to be interviewed as I fear I'm walking in to being blamed & therefore my insurers or even the company being sued by personal injury vultures ?

Apart from advice you guys have to offer, I intend to speak to my insurer before doing anything

I suspect the police just want your side of the events...

Were you stopped when the bus hit the side of you and was there any cars behind you?

Did the bus indicate its intentions at all?

So he collided with your vehicle as he passed by on your nearside but somehow you got ahead of him and stopped in front of him but he then ran into the back of you. Is that a fair summary?

It's likely that the bus will have a minimum of an offside, nearside, front and rear cameras so unless it's malfunctioned (happens quite often) you and every interested party should get to view an unbiased witness to the events at some stage.

Do you think you were blameworthy in any way?

yes



I wonder if the cctv provided to police show both incidents ?



I don't believe so, however I'm cynical enough to believe its never going to be that simple...

I would say that it seems likely the footage has been seen by the police and that they are inviting you to comment on your side of the incident.

Despite some posters on here often advocating "decline an interview", I don't hold with that theory. I believe that putting your side is more likely to help than condemn, but that's just me.

To be honest though, your version doesn't look good 'on paper' thus far.

But the police have already had both sides of the incident - they attended the scene. So what further information would they need that it has to be obtained down at the nick?

moving, blowning horn moved to the right & braked to avoid,



not that I recall, bus had been in the left hand only lane for 80M or so.

Attending the scene isn't the same as having a proper look into what went on.

They apparently have questions to put the driver.

I think I'm blameless, however I sure I'll get shafted

Well, if there is clear footage from CCTV showing you are blameless and you feel you're being shafted, as you say, you can opt for court. There'd have to be an awful lot of people looking to shaft you to find you guilty. (you're not a banker or a politition are you?)

My daughter is a staff nurse in A&E.
Earlier this year there was a bus accident in town. Only one genuinely injured, and quite seriously, was the bus driver himself. Everyone else was claiming whiplash injuries. Seems it caused chaos for the ambulance service - availabilty of backboards and neckbraces. Then you have an A&E ward suddenly receiving 15-20 potential spinal/neck cases.
Seems they all got up and walked out when they realised how long they would all be in there waiting to be assessed - sod all wrong with them.

The Police attended and no doubt made notes of the damage and what both drivers said but not under caution.

They now have to establish if they intend prosecuting anyone, They will do this by taking a statement from the person who they believe is the victim. This is done in a witness interview.

They then question the suspected offender in a suspect interview.

If you have done nothing wrong why on earth would you not cooperate. You will only drop yourself in it if you either lie to them or you have lied to us. If you are the victim and refuse to speak to them the offending bus driver will get off with it and the insurance are likely to consider this 50/50.

If they want to interview you as a suspect and you refuse they can arrest you to facilitate the interview in any event so all you would be doing is making a rod for your own back. So even if they want to treat you as a suspect go for interview at a time mutually convenient and take a solicitor who if he does legal aid will be free.

Bus route closed because there were too many crash-for-cash incidents

http://www.dailymail.co.uk/news/article-26...our-people.html

I not seen the footage, I've no idea what questions they want to ask.

I don't know whether its best to go or not?

I'm fearful that I can't cope with a formal interview, I feel unwell, anxious & under pressure as it is without popping in for a nice chat with the police

If I do go, I'm not prepared to go without a solicitor ideally a proper motoring one which unless the fleet policy covers it I suspect its likely to beyond my current budget.

Either way I feel the odds are stacked against me before I start,



Simple things like VAT, we paid it on the repair, yes we can claim it back but its an up 90 day loan.

Getting the vehicle back into service & even a loan vehicle has been an uphill struggle

I felt shafted before the police got in touch,



Costs me time & money & appears to offer nothing but an opportunity to maybe help a case against me ?



self employed, I doubt I'd get legal aid.

If they do wish to arrest me, its one off the bucket list & a free duty solicitor ? this appears to be a double win

They won't arrest you....

To prosecute one or other driver, both will be invited in for interview, right now you are assuming they want to shaft you and not the bus driver, but have no reason to actually believe that at all.....is that an accurate summary?

If your description is accurate (100%) as I read it, you've nothing to worry about nor to fear a police interview? The truth is an easy tale to tell so the risk to you is zero. If there is CCTV then so much the better.

I'll be honest and say I 'sense' you're not telling us the whole story here...................

If you are interviewed at a Police Station you are entitled to free legal advice, i.e. a solicitor.

As the victim if you refuse to speak to the Police you will simply ensure you are held partly to blame by your insurance and this will cost you money for years to come.

Why on earth would the Police want to shaft you. They want the guilty party to be processed.

When the PC stated I was entitled to a solicitor I asked if this was at my cost, he said yes

Only if you are interviewed away from a Police Station or are being interviewed as a witness at a Police Station.

Interview under caution at the local police station,

In that case find a solicitor who does legal aid and ask them to arrange the interview.

If you refuse they can arrest you which will be far more trouble than it sounds and far less pleasant as well.

Or they could not arrest you because they would show it was necessary and perhaps they have the case 'proved' already. Just thought I'd throw that one in.

Indeed, they may simply report him for careless. Hardly helps him though.

I don't believe I qualify for legal aid.



From your side of the fence, if I paid you £500 would you be willing to under go whatever the events of an arrest are ?

If you are to be interviewed under caution, then you are entitled to free legal reps as Dixie says.

The likelyhood of you being arrested seems pretty low for a simple suspicion of driving without due care.

You could attend without representation and just tell your side of it; you have said that you don't think you were to blame.

No.

Don't forget that an arrest happens when convenient to the police. I have arrested people at 0600, in front of friends and families, at work and even once coming out of their local church.

I have looked at your initial account and alarm bells are ringing about the last collision. You straddled both lanes and we're hit at speed by the bus. Now unless the bus driver was a homicidal maniac I can't imagine why he would deliberately do this given it is likely to be cctv fitted. I suspect the allegation is that you deliberately drove in front of him and slammed your brakes on.

I can understand why you are reluctant to be interviewed.

I had the same thoughts.

catch 22,

if there's just video of me stopping in front of a bus, & there arguing I should not be their ect.. then its me in wrong ?

if their also video of the bus attempting to force their way out of the left hand only to strike my vehicle, does than provide valid reason for the above & leave me exonerated ?

is the intention to prosecute both parties ?

I honesty don't know... however

going for an interview alone could make it worse
going for an interview with average brief from the yellow pages at my cost is more than the insurance excess,

As the insurances is involved I not intending to make a discussion until I speak to them (their back on Tuesday) I've looked at the policy & are now even more confused

As normal with these sort of decisions I've got a funny feeling after the event with the benefit of hindsight I'd have probably have done it different.

In ideal world I should have a dash cam in place to protect myself,

It sounds very much like the bus did what buses do and tried to change lanes but hit you. You appear to now be saying that you then deliberately blocked him causing the collision.

I'm afraid that a minor collision is never grounds for what it sounds like you did next.

I suspect your initial account is not as accurate as you make out and as such we can't offer much advice. In fact in line with forum rules I suspect worse so I'm out.

How many times do you need to be told that at a police station you are entitled to free legal advice? It doesn't matter if you're a millionaire - it's not legal aid.

Unless I'm mistaken I stated "walking pace" in my OP, I'd guess a double decker bus weighs 12 times the weight of the small van, I believe I gave more than enough distance to for the vehicle to come to safe halt.

The bus hit the back doors of the van, its not moved the floor or creased the sides or damaged the door hinges a simple bolt on low speed incident. After checking the rear lights worked the van was driven away to job.

Bus had no visible damage




yes I'm reluctant to be interviewed as even if its free cup of tea it still is going to cost me time & money.

If the bus driver took your mirror off whilst you were firmly established in your lane then firstly that driver seems to have driven other than with care.

It's then probably more a question of how you stopped rather than where.

The first in no way exonerates you if the second was either careless or even dangerous.

Follow the advice previously given for free legal representation if you don't want to pay privately.

Ordinarily, I would say in a he says, she says scenario that attending interview you could possibly maybe make things worse. However there is CCTV, so there's probably nothing you could say to persuade the officer to prosecute you where the evidence wouldn't support it!

There is however the possibility that you could influence the way that the offence is disposed of if you are indeed culpable.

I'd say that attendance is a no brainier and even more so if there is the suspicion that you drove dangerously, DD is far more likely to result in your arrest if you don't attend.

I honesty don't know what legal advice I'm entitled too or what form it is delivered in eg. telephone call ?,

hence any advice is welcome of do we have a QFA link on the site ?

At the moment all your doing is coming across as someone with something to hide.

If you want to clear your name and exoronate yourself you must attend the interview.

If you do not then the police I'm sure will draw their own conclusions and will give more weight to the bus drivers version of events.

From my point of view I had bus come into my lane & strike my vehicle then proceed to drive away with out stopping continuing though the junction in the wrong lane.

My choice was to let the bus drive away or pulling in front of the bus & check the damage, I did that later



That's my concern, I believe I behaved responsibly & provided adequate distance for us to both safely stop.

I was stunned that the bus hit the back the van,

But buses don't do hit-and-runs! If you'd stayed behind him, he'd have stopped soon enough.

You've been told.




So... Find a lawyer who does police station work and have them attend the police station with you. Free of charge.

true, the choice I made at the time was to stop in front of the bus, however it didn't quite work out as the simple stop & inspect for damage that I expected

In hindsight I suspect the dash cam would be a much safer option than following a bus down the bus lane until its stops ?

The bus will have its own dashcam, albeit as many as 12 of them (sort of).

Ask to see the footage. The bus company will be able to supply you a copy for a fee of £10 as a subject access request under the data protection act.

I'm sorry to be pain...

As I understand it legal aid is was means tested ?

I also don't get the contradictions of use of "not legal" & "legal aid" ?

Just think of it like the NHS... It wouldn't matter how rich or poor you are, you are entitled to free legal representation.

spoke to them a few days after the incident & was informed a different fee (£25 & I have the call recording...)

I was toying with paying the incorrect fee & then writing to the ICO, but thought life was too short,

Wasn't expecting any issues with what I viewed as simple prang so never followed it up





okay, could you steer me towards some information on how to access this ?

I'm out.

Me too.

okay, little abrupt but thanks for the info I'll try & use google to fill in the blanks

Read the thread where you have repeatedly been told the information in plain simple English, there are no blanks it's all there.

Good Grief.

1) Yell.com.

2) Search for "solicitor" in "your home town".

3) Look for ones that specialise in criminal representation.

4) Write relevent phone numbers down, then using a telephone, speak to them telling them of your problem.

okay, I clearly fail to understand something in the thread which blatantly clear to everyone else who didn't join today ?

apologies all around,

if I do go to interview & don't bring my own legal advice,

I'm correct in assuming some form of "free legal advice" will be provided on site ?

FFS!

The reason people are dropping out (my turn next) is you have asked a question (about legal advice), had the answer (numerous times) and keep asking again.

Legal Aid is neither here nor there. If you arrange to visit the Police Station voluntarily (no other place) ask for the duty solicitor to be present...........and s/he will be. If s/he isn't then the interview will be rearranged.

A dashcam won't have made a jot of difference as the bus will have one and this will show what happened and will constitute evidence.

You are making a VERY SIMPLE incident into something unnecessarily complicated but imagining some web of deceit and sub-plots!!

Folk are struggling to understand what aspect of this your don't comprehend.