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Accident? Don't worry - just drive off!


patently
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Can't remember whether I posted anything about it at the time, but Mrs P was involved in a shunt a few weeks ago. Basically, while waiting to pull onto a roundabout, she saw a juggernaut in her mirror bearing down on her aggressively (in her HO). Uh oh, she thinks. So she pulls onto the roundabout when safe to do so, and feels a hard thump from the rear as the juggernaut tries to overtake (on a roundabout!). He hoots, clearly trying to suggest it was her fault for not getting out of his way. She pulls over, he drives off. All credit to her - she got the number plate and wrote it down together with the name on the side of the trailer.

I tracked down the company and we wrote to them; a manager called her back and admitted they had received several reports about that driver. We also reported it to Plod for failure to stop and to our insurance co.

There is damage to the rear bumper, estimated at £350. Her excess is £300.

Anyway, Plod made us wait for an hour to give the initial report. Then they said that they were not going to take any action because there wasn't enough damage. So we got the £350 estimate from the local stealer and returned. 45 mins later they agree to do something. Then we get a long witness statement form to fill in ... threats of visits by Plod if we dont do it in time, so much time is spent filling it in.

Now we have a letter updating us as to progress. No further action to be taken...

What a waste of f*****g time.

Worse, this is an arrogant driver in charge of a juggernaut, who has just got away with driving dangerously and ignoring his duty to stop and exchange details. How does he feel now? Bl00dy cocky, I dare say. Is his driving going to improve? I don't think so.

We can guess what happened. He said either (a) I wasn't there, she's making it up to get someone else to pay for her Tesco's carpark ding, or (b) I didn't notice the accident, it must be really minor. So, there's the message for you all. Get interviewed for an actual accident in which you did in fact cause damage, and you can make up a story which Plod will swallow, or at least not have the guts to test in Court. Get a camera NIP, where you are accused of a potential risk, and if you think you have an actual defence Plod will chase you through the Courts in an attempt to prove you're lying (see the GMP leaflet saga).

Is there any good reason to stop after an accident, in the light of this? I will, because I have a moral compass which says that I should (and because I am a mug who doesn't learn). But many seem not to have that compass; why on earth should they stop?

And dont get me started on whether the other insurance company will now cover our excess. I don't think my blood pressure can cope with that.

Rant over. Thanks. I feel better now.....

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To be honest we get this all the time at work. Our drivers will be involved in accidents and unless they feel it is something major they drive off. Now we do not condone this and we actually will go out of our way to prove it was them driving. we do not back the drivers in cases where we can safely say it was him that did cause the damage. About 6 people have been sacked for failing to stop. Our insurance will cover the damage to the other vehicle as normal. But some companies will always side with the drivers as they dont want the hassel. I would say push it. Just cos the cops wont do anything does not mean that the manager of the depot willnot want to get it sorted. 169144-ok.gif

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[ QUOTE ]

Anyway, Plod made us wait for an hour to give the initial report. Then they said that they were not going to take any action because there wasn't enough damage.

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Love the way they reinterpret the law! Either it is an offense not to stop and exchange details after causing damage or it isn't surely?

When did they rewrite the law to say "You must stop after being involved in an accident, unless it doesnt look too bad from where you're sat in which case don't worry about it".

Astonishing. smashfreakB.gif

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[ QUOTE ]

When did they rewrite the law to say "You must stop after being involved in an accident, unless it doesnt look too bad from where you're sat in which case don't worry about it".

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....I'm ashamed to say that I did exactly this once in my misspent youth. I clipped a cyclist in town....He came off....I stopped 100yds away (where it was safer to stop)....People gathered....Cyclist got up and was OK....I decided to drive on. Someone had clocked my number plate and Plod came knocking at my door about a couple of months later (I changed addresses at lot around that time). IIRC I got 3 points and a £60 fine - It's the only driving offence I have ever............been caught for! grin.gif

I hasten to add that now I know better I would always stop even if I knew I was clearly in the wrong.

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I good while ago, I witnessed a bus clip the car in front of me (well barge it actually) and the bus carried on and did not stop. I had to complete endless forms to assist the guy as the bus company took it to the wire, refusing to accept any blame. We almost had to gang up on them to force them to accept blame.

My recommenation is that you battle on, become a thorn in the flesh until you rightfully get your damaged car paid for. Do not give in, even if it becomes a David and Golliath case !!

Go to it !!!!! 169144-ok.gif

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Mate, take the lorry company to the small claims, or at least threaten to.

Write a long detailed letter with evidence, costs and the court application forms attached, also give them a date to adhere to. You already have enough evidence and the depot has already admitted several complaints.

Just because the police won't prosecute him for his crime, doesn't mean you can't at least threaten the haulage company for your losses, after all they hired him.

Linky

It costs £50 for the paperwork, which you can do online (costs which HE'LL have to pay anyway), you don't need a solicitor (just accumulate all the evidence yourself) and go for it. openfire.gif

Most of the time they'll just cough up to avoid the hassle of a court appearance, but if they don't show (like mine didn't) they'll get a nice Court Judgement against them which fecks them financially. (They did pay up in the end BTW) The courts always seem to favour the small guy too, especially if (like me) you're just an honest bloke who wants the damage paid for.

Just make sure you're incredibly precise and thorough with the evidence... document all conversations and then make sure you sue the firm and not the driver individually. 169144-ok.gif

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A family member was involved in a virtually identical incident recently - she was shunted by a lorry which overtook her on a roundabout. A couple of side panels were damaged and the repairs were only a few hundred pounds more than the £200 excess. The lorry failed to stop, but she managed to record the registration.

The insurance company (Norwich Union) and police were informed, although I'm pretty sure that she wasn't made to give a lengthy statement in person. The insurance company pursued the haulage company and a battle over liability ensued. In the meantime, the damage was repaired and the excess paid.

Several weeks after the repairs had been completed, a cheque for £200 was received from the insurance company. Apparently, the insurance company had requested evidence from the tachograph of the lorry in question and in conjunction with other information had shown that the lorry could have been at the site of the alleged incident, at the alleged time. The haulage company then admitted liability.

This information may not be available in your case, or the insurance company may have been denied access (not sure what the legality of that situation may be, if this is the case) but I think it's worth pursuing.

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[ QUOTE ]

Apparently, the insurance company had requested evidence from the tachograph of the lorry in question and in conjunction with other information had shown that the lorry could have been at the site of the alleged incident, at the alleged time. The haulage company then admitted liability.

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Thanks - useful 169144-ok.gif

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