Undue care and attention- but it wasn't our fault!!!

[lsd123]

Recently i was in an accident where my boyfriend, who is 18 years old, was driving in a Peugot 106 with modifications. We were driving at around 35 mph in a 30 zone following a car who was travelling extremely fast. As went over a hill then into a slight bend, the driver in front breaked suddenly skidding. We broke and was beginning to come to a stand still, however then a 50 years old lady driving a ford ka swerved around the stand still driver in front and into us.She recieved a broken, collar bone, wrist and minor brusing, where as my boyfriend and i had minor bruising to the ribs from our seat belts. My boyfriend is now facing court for drivng with undue care and attention with 5 witness including the man infront all saying he was trying to race the other car. Though no one was on the street at the time and it was dark (the accidient took place at 7.30 pm on a cold and dry night) they have all given detailed statements of the accident including sketches of the collision saying we were on the wrong side of the road, racing at excess speeds. What is the best thing to do in these circumstances and what is the most likely penalty for my boyfriend?

[Bmw-Rider]

points and a hefty fine

[NORMANTHEDOG]

shame he cant get banned for life,could have killed someone

[Toureman]

Just tell the story you have told here, "New driver following a car going extremely fast at 30MPH whilst driving a Modified car"

As there was no one there but the 5 people who saw you racing another car extremely fast at 30MPH you should be completely exonerated when the case goes to court, nothing to worry about as the 50 year old lady must have dishonestly found the 5 non existent witnesses to speak on her behalf.

It won't count against you that the highway code says "Never drive at such a speed that you cannot pull up well within in the distance you can see to be clear"

Ploncker.

[Grunty]

I have to agree with Toureman. If your boyfriend is banned, the roads will be safer without him.

Care and attention is what you are supposed to drive with. It can't be undue.

[david1702198]

how can u say you were doing 35mph but following a car that was going very fast.. if you had a safe stopping distance between you and the guy in front then you wouldnt have had to brake so hard and probably avoided the accident.

[Whickerman]

a - you were speeding
b - you were in a modified car, it would be interesting to see if the insurance covers modded cars (doesn't here in Ireland unless specified at time of cover being taken out)
c - you were been driven by a teenager with a short time of driving experience
d - you could not stop in time when an obstacle was placed in front of you.

Your boyfriend is guilty based on your post alone.

[sifellis]

as cynical as the above answere are, they are correct......if you were indeed on the wrong side of the road.

If you were on the correct side of the road and she swerved into you, you will not be at fault.

As a motor insurance underwriter i only suggest you focus your efforts in proving that you were on your side of the road and not 1 inch over the white lines.

[johncas]

Can you please tell me why you wore doing 35mph if you wore doing that in a 30 zone anwser please are you sure you wont going any faster most 18 year old in modified cars are boy racers you need to slow down if you had dont 30 in the 30 zone there would of been no accident

[hedgehog661]

This is a wind up surely, nobody can be a naive as the poster??????

[Toureman]

Must be hedhgehog, LSD, sorry, ISD hasn't replied to any answers yet.