Please help - driving without due care and attention with minors in the car

[nike1601]

I was in the car with my friend and 2 kids -one was mine- both 2 years old. I came to a junction where I was turning right. I stopped the car and waited (there was a bus on my left who was turning into the opposite road that I was turning onto) i continued to wait, no cars came past. No more traffic could go until me so I inched forward about 2inches so I could see past the bus, I was going less than 1mph then BANG a van coming round the bus smashed into the front passenger side of my car. He turned my car 90 degrees. At the scene I was in shock and unable to make a statement. Police came the following day and took my statement where I explained my car was practically not moving and due to the fact there is no 'box' on that road, no matter where I was I would have been in a lane. The police said that was all fine, then cautioned me and said that due to 1 witness statement-a community support- they will suggest I be charged. I asked why as my car was not moving but the other driver was, plus he was coming from a slight hill & would have been looking down on me also I drive a bright red car-they have said this does not matter. My insurance rang the day after without any details except mine and said I should accept full responsibility as where he hit me meant that I was 'in his lane' I told them I did not want to accept liability as no matter where I was I would have been in a lane unless I drove a 3 inch car and also that he should have undertook the car with enough care and responsibility to stop without knocking my car 90 degrees. My insurance are not happy that I wont accept liability and are also being very quiet on where my legal cover stands. Would anyone know where I could go for more help or what I am looking at if convicted? I have been driving for many years but have had a full license for 4 months. The only reason I took my test was because my daughter was diagnosed with a rare form of cancer and I need to be readily available to take her to hospital

[jg96]

Unfortunately the way I read it all. It is your fault I think you will just have to live with it

[meglet]

I have to agree with jg96. The thing is you have encroached into his lane and it doesn't matter if there were cars behind you or the fact that you say you had to encroach on his lane, the right thing to have done would have been to stay back and wait until the bus had gone. He passed the bus and was entitled not to expect another car in his lane. The lights were obviously green and I don't think you can expect him to stop before hitting you.

It seems as as though both the police and your insuranvce believe you to be liable and unfortunately the other circumstances you have highlighted won't have any relevance. The fact that you are a new driver probably won't help either. You'd be better off admitting liability and chalking it up to experience. You'll probably just gets points. So expect your insurance to go up next year.

Sorry if the above sounds harsh.

[Buenchico]

When I was taking my driving lessons, my instructor gave me some advice which I believe still holds true: "Don't worry about the guy behind you at a junction. Ignore the fact that he's creeping onto your bumper. Take no notice when he sounds his horn. Disregard his looks of frustration and two-fingered signs. If you're not 100% sure that it's safe to proceed, stay where you are". It seems unfortunate that your instructor didn't offer the same advice.

Like others, I agree that the accident was your fault. Driving without due care and attention can result in anywhere between 3 and 9 points. (It can also result in immediate disqualification, but I think that's very unlikely). If you acquire 6 points within the first 2 years of passing your test, your licence will be revoked. (That's mandatory; the court and the DVLA have no discretion in the matter).

So your aim must be to keep the number of points on your licence to fewer than 6. Here, at least, you're in a favourable position (as far as retaining your licence is concerned). Magistrates are told to only consider 'special circumstances' in exceptional cases. For example, they're told that they should not take into account a possible loss of employment if someone loses their licence. However, if a 'third party' (in this case, your daughter) might suffer, they can consider 'special circumstances'. You should plead guilty and engage the services of a solicitor to plead your case for a penalty of fewer than 6 points. If you can keep the endorsement down to 3 or 4 points, you're probably also looking at a fine of around �250, costs of around �60 and a �15 payment to the victim compensation scheme. (However, fines are based, in part, on the ability to pay. Some are much lower than I've suggested. A few are higher)

Chris

PS: I hope that your daughter makes a swift and full recovery.

[nike1601]

HI Thanks for everyones replies. orry if i did not make it very clear but could only use 200 carecters! I had no one behind me and had waited and waited and waited but no cars had passed. I had no choice but to move forward as the traffic to my right could not go, the bus could not go and i was the next to move. Dos athat make any more sense?

I am also worried that both my adult passenger were injured as a result of this and now i dont know if she can sue me? I really do not know where to go on this. The insurence have said the car is a right off and are now saying that i modified the windows (which i definatley di not) and that they are looking into classing my insurence as void! I really dont know what to do apart from screaming and thinking Why me!!!!