Accused Of Hitting A Parked Car

[Sharonchristine]

I have been accused of hitting a parked car. I have been and given a stement to the police under caution. The other party was parked over two parking spots and nearly half a car over the lines, I remember the day clearly as I had to try and get past her car but couldn't so had to manuvour differently to get past, this was in a private parking area that she should have not been parked in. They have a witness from a shop opposite who I know knows the 3rd party but I can't prove it. The witness has stated that I got out the car with my daughter and her children and walked down the street shopping something that never happen which makes me believe she is lying but I can't prove it.

I have no damage at all to my car and have an insurance engineers report but the police won't use it and they have not looked at my car.

The 3rd party stated she saw my daughter get out of my car rub the side of my wing and shout that I had smashed all the side of my wing in, she then stated she took my reg number in case I had hit her car but why did she not look at her car before I drove off.

I am totally confused as what will happen, has anyone else had this happen, any advise would be very much appreciated.

[EDDIE51]

Ummm yes, we have now established that this is an accusation of 'failure to report' and not an insurance case as was first thought. The police have taken a statement under caution, so now it's down to the CPS to decide to proceed or not. As I said, in my opinion it will be dropped due to insufficient evidence.

[Sharonchristine]

Yes it was reported to the insurers through theirs, the report is from my insurance company who are now going to refuse their claim and are prepared to to to court over it. When the police showed me the pictures of her car damage there was significant deep scratches so paint would have transferred to my car and the engineer said I would have had to have had it removed as it's not just a wash and polish job. I just don't get why the police are getting involved with it surely it's just for the insurance company to sort out. I now have to pay for a solicitor something I can't afford this time of year and I haven't even done anything. Shouldn't they look at the report and make their decision based on that. I have a feeling this woman has hit the wall and blaming it on me as I told her not to park in private residents parking again as to which she was not happy with at all.

Thank you all for you help with this I really appreciate it.

[tamborine]

Sharonchristine denies there was a collision = nothing to report!

[Arrods]

As the insurer is refuting the claim, will they not pick up the legal costs in accordance with the third party section of your policy Sharonchristine?

[Sharonchristine]

Insurance was contacted by other party as I was unaware of any accident so the first I knew was letter off police and then insurance.

[Sharonchristine]

According to police it is two different court cases I could win one but loose the other was her words. So confused on all this.

[TWR]

Sharon, you say you are innocent, this so-called witness, does she know your Daughter? if so has she a grudge with her? I would go all out to prove your Innocence then sue them for defamation, I would not let this drop.

[Barmaid]

Just to pick up the 2 court cases point.

One case will be failure to stop and/or failure to report. This is a prosecution brought by the CPS. They have to prove the case beyond reasonable doubt.

The second court case will undoubtedly be a civil case by the owner of the other car to have the damage repaired. The Claimant has to prove the case on a balance of probabilities.

This is how you could win one and lose the other. (You could be acquitted of the prosecution and still found liable for the civil case).

[Sharonchristine]

Seems crazy though both are related if it's proven I didn't hit the car by the insurance company how can I be prosecuted for hitting a car and leaving the scene when no accident occurred. Just so frustrating.

[TWR]

It is possible If paint was purchased by a Garage / Repair body shop in your area IF & i Said IF your car HAD BEEN involved in a so called accident if it need be by your insurance Sharon, I would not except getting done for something that I was not guilty of, if this gets out of hand Sharon have a word with your local MP.

[EDDIE51]

Barmaid , surely if the criminal case fails then the civil case must also fail ?

[Barmaid]

No that is not the case. Apart from the fact two different things are being tried even if they were precisely the same the standard of proof differs.

[fiction-factory]

Sorry Sharon but I just wanted to catch Barmaid's attention to another query here if you have chance to help please Barmaid http://www.theanswerbank.co.uk/Business-and-Finance/Question1522894.html

[Sharonchristine]

But what if you don't know there has been an accident.

[Hymie]

I don’t understand – even if the other party knew who you are and the car that you own, how did they know who you were insured with?

[hellywelly4]

I think it's all traceable through the number plate nowadays.

[Hymie]

Occasionally you will see posts on this site from people who have lost their vehicle insurance details – asking how they can find out who their insurer is.

Perhaps they should report a fictitious hit and run incident to the police.

[Sharonchristine]

Thanks all for your answers. Still not heard back off police yet as to wether it will go to court I would imagine it will. It's going to cost a fortune just to prove my innocence. Knowing my luck it will go the other way and I will loose. Do any of you know if it does go to court do they take into affect dates as I go away in January.

[Hymie]

In one of your posts you wrote:-

‘Insurance was contacted by other party as I was unaware of any accident so the first I knew was letter off police and then insurance.’

Do the police in your area write to the local ‘crims’ – advising of investigation into their criminal activity?
I suppose if they do, it would save police time having to call around and question the suspect. Perhaps the letter included a form which you could return, admitting the offence.

I stand by my first post on this thread – I can assure you that my local police would tell me to sling my hook if I made a request that they investigate such an incident. But then I’m not on first name terms with the local police chief commissioner.

In the very unlikely event that your local police force wants the reason that they are interested in such a matter examined in court (the relationship between the plaintiff and any officer(s)), you will be given ample opportunity to advise of any planned absence, requiring the case to be adjourned.