Minor Rear End Bump - Part 2!

TLC11 | 23:13 Fri 20th Jun 2014 | Motoring

23 Answers

I recently posted this question which has over 100 replies so I have started a new thread as I have an update and really just completely stressed about this now!

So yesterday I was sitting in a huge que of traffic that seemed to go on for hours. I hadn't moved in a while so was sitting with my foot on the break and gazing out of the side window at a plane. I was nearly at the end of this jam.

Now during my gazing I head a bump which jolted me ever so slightly. I'm pregnant and didn't feel the belt dig into me so it was more of a noise than an impact. What I don't know is if I rolled forward slightly or the girl in front of me went to move and rolled back.

Anyway the two of us kind of looked at each other in the mirrors, and after a second she drove off as the traffic had cleared.

I pulled over when I got off the busy road but she was away, there is no damage to my car except one tiny paint chip on the front bumper, about the size of a pea. It's not dented, it's like a flake.

I never got her reg as it happened so fast and I honestly don't know who's to blame. I'm now panicking that she got my reg and will report me for a rear end hit and run or something!

I don't want to report to insurance and draw attention if there is no need as no damage observed ( her car 'looked' fine when she drove of) and nobody was hurt. As I said in pregnant and if I thought it was enough to cause any I jury I'd have been straight to hospital.

Any ideas on what to do?!! I'm scared and don't want to do the wrong thing!!!

PART 2...

We spoke with insurance who informed us that the TP made the claim, then the following day retracted her claim. Insurance then said not to worry about it, the case was closed and we would hear nothing more. That was 2 weeks ago now.

All forgotten until today I received a letter from the police! It states they are looking to charge me with 3 different offences. Failing to stop, failing to report and dangerous driving! The letter asks me to fill in all my details with an explanation and send it back to them.

I'm in a right state about this now as I believed it was all over. Now I'm terrified. Iv cried all night as I use my car for work and no driving licence means no job!

I can't understand why the TP would report to insurance, retract the claim a day later, then I get this police letter almost 3 weeks after the incident date! Could someone please advise me what to day here or the likely outcome? Thank you

M Reg Bmw, 160,000Miles, £850 Is It Worth It?

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Buenchico

Re. the 'old' part of your post:

Just a practical driving note to start with:
Every time you come to a halt in traffic, even if momentarily, you're meant to apply the handbrake. In a 'stop-start' queue that could mean putting it on and off at least ten times per minute for several minutes in a row. (And yes, before you ask, I DO do it myself!). That way there's no chance of you rolling either forwards or backwards!

Further, when stationary in a queue you should always try to ensure that there's a full car length between you and the car in front. That way you're unlikely to be hit by a car rolling back a few feet as the driver sets off.

Having got that out of the way, if everyone 'exchanged paperwork' for minor nudges our road system would probably grind to a halt. While driving in central London, I've had three different black cabs run into the back of my car (with minor 'no damage' nudges) in the space of twenty minutes. Nobody stopped, and I wouldn't have expected them to.

Now to the newer part:
The law only requires you to stop and 'exchange details' (or report the accident to a police station within 24 hours) if there has been injury to someone other than yourself or to 'any horse, cattle, ass, mule, sheep, pig, goat or dog', or if there has been damage to another person's property (including, obviously, their vehicle). If you had a well-founded belief (based upon the fact that the other driver didn't even bother to stop) that no such injury or damage had occurred, it's unlikely that a successful prosecution could be brought against you either for 'failing to stop' or for 'failing to report'.

Further, I can't see (based upon your account of things) how the CPS could possibly obtain a conviction for 'dangerous driving'. That's a very serious charge, with a high burden of proof which requires evidence of a SUSTAINED action. (i.e. a momentary lapse of attention CAN'T result in a conviction for 'dangerous driving'. Only the much lower charge of 'driving without due care and attention' could be brought).

I'd recommend speaking to a solicitor BEFORE responding to the police letter (so that you don't accidentally write something which could be construed as admitting guilt) but not worrying too much about it. The very worst outcome I could foresee might possibly be a conviction for 'driving without due care and attention', resulting in a few points on your licence and a small fine but even that, with decent guidance from a solicitor, is probably unlikely.

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TLC11

Question Author

Thank you very much buenchico for your detailed reply, I will take on board all of your comments. I'm so worried about this I can't sleep. I have visions of prison and loosing my licence - which would be horrific as I have 2 kids and one on the way.

Thank you Methyl for posting the link for reference!

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Arrods

Just to reaffirm how important it is to keep your insurer posted. Part of the cover you buy us to defend you against such prosecutions.

Arrods

..... and TP = third party I would suggest.

ummmm

You're being a drama queen. Can't sleep? Crying all night? Get a grip....it was a minor bump.

TLC11

Question Author

Sorry to clarify the notice thing from police the 3rd charge is driving without due care and attention, not dangerous driving - my mistake. I wrote this in bed at 2am and didn't have the letter on me. Methyl I received the letter 3 days later and called the insurance company who said a claim had been made an then withdrawn and to forget about it, so i did. Can't understand why this person would then go to police. My thought possibly she now wants to make a claim again, or she was afraid of being charged. She was in front of me - had she got out her car and approached me then details would have been exchanged, but she didn't she drove off.

I don't feel I am being a drama queen I am simply asking advice as I have never been in this position before and the letter from the police is very worrying!

Zacs-Master

Ummm has been rather direct but I agree with her sentiment. You're getting the situation out of all proportion. Calm down dear.

TLC11

Question Author

Iv been reading too much on google and scaring myself - aparently the punishment could be imprisonment and loss of licence! I'm trying to calm down and remain focused but incredibly stressed. To be honest hormones due to my current condition are likely not helping one bit!

TWR

How can they charge you with the 3rd offence " When you have stopped"?

TLC11

Question Author

TWR this is my thought also, I was behind her on a busy road, she drove on. Had someone bumped me and I was concerned I would have hot out my car and approached them. As I was behind her I literally couldn't go anywhere! She drove on so I did too. Possibly she has reported this to protect her own interests incase I reported her for failing to stop?

TWR

The 3rd party is trying it on TLC, you have maybe give your account to the police of what' happened, if it comes to a court job let your insurance fight your case, that's what you are paying them for, they can not do you for driving W.D.C.A, If your car is stopped, the only thing that you have slipped up with, is the Handbrake, we all do it,

TLC11

Question Author

Thank you TWR, it's a painful lesson learned, always using handbrake from now on!!! Even if just for 2 seconds! I'm going to call police tomorrow or go to station depending on what time I Finnish work, and also call insurance again. Could really be doing without this nightmare but hey needs to be sorted...

twix123

Not only should you apply your handbrake, but you should also put the gear into neutral - that way you should neither roll back or forward.

I was wondering how the third party got your number, unless they previously made a note of it at some stage while you were queuing in the traffic prior to the nudge. It is very hard to see a number plate in the rear view mirrors unless there is a reasonable gap (about 15 feet or more) between the cars and then having to memorise the number - read in reverse in the mirror - while quickly driving away, the nudge apparently happening right at the front of the jam (sounds like a very dodgy 'accident' to a simple layman like me !!).

TLC11

Question Author

I am always using my handbrake now twix, hard lesson learned :(

I do wonder how she got my plate number, I could never have remembered hers or anything much else for that matter. But she did.

I also wonder why she wouldn't get out her car and approach me, as she was clearly the one in front! She drove on, so one could presume it was so minor she wasn't bothered or it didn't hit. She made an insurance claim then withdrew it, so I don't know how that stands either.

Really a worry I could be doing without :( my head is racing and there's a few things that don't add up...

EDDIE51

Sorry, but in your first post you said you were stationary in a long traffic jam with the car in gear and holding it the footbrake while you watched an aircraft through the window .
You also said you did not know if you had moved forward or not.
That is a perfect description of driving without due care and attention.

TLC11

Question Author

That's right Eddie. Iv always maintain that. I know also know if ever stationary to use the handbrake and not the foot brake!

I was looking thought things there and the NIP is dated 19th June and accident dated 2nd June. That's 17 days. Would the 14 day rule not apply in this case?

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