Undue care and attention

[samtfs79]

Hi Can someone help me? Back in May I had a collision with a motorbike. I was on a road indicating to turn left as I do each night. In front and behind me we other vehicles and no-one was moving more than a couple of miles an hour as the traffic was heavy as always. I checked my mirrors and up ahead - no vehicle we coming towards me on the other side of the road and behind me (the traffic was stationary behind me). I indicated to turn right, checked again - was just turning the wheel and a motobike overtook the cars behind me, on the wrong side of the road and collided with me. He came off his bike - I immediately pulled over and asked if he was ok, if he wanted medical help or if I should call the police . On both counts he replied no - he asked me to help move his bike which I did. My workmate stopped after seeing me pull up - no one else stopped. My workmate asked the guy if he was ok and he replied fine, had gashed his knee and elbow. I then returned to my car to get my insurance details..he gave me his mobile to call for his later. He then rode off. His bike was scratched, my wing and wing mirror were scratched. I got back home and got his insurance details. The matter was left with our insurers. An investigator visited me and the accident site - asked me to go over my account of what happened. He left happy with my account. Today I received a letter from the guys solicitor saying they are going to do me for driving with undue car and attention. I don't believe I was driving without due care and attention - he overtook stationary traffic on the other side of the road, I was indicating and he went into me?? I'm scared of what's going to happen - I've never had points on my license. I've never been involved in an accident before. Will I go to prison? I don't know if I sound a bit OOT but I really have no clue as to what to do next??

[New Judge]

the other party's solicitor cannot "do you" for careless driving. Although it's true that a private prosecution for such a matter can be initiated, it is extremely unlikely that any solicitor would advise a client to do so.

Matters such as this are initiated by the police and are prosecuted by the Crown Prosecution Service. Since the police were not involved at the time I should not worry.

[Toureman]

I am a keen Biker but I totaly agree with the above answer.

You will not be charged with undue care and attention.

Motorcyclists are not breaking any law by "filtering" past very slow or stationary traffic but if your account is correct the insurance companies would probably go 50-50 on the payout unless you have a reliable witness that the bike was speeding and he was guilty of undue care and attention.