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Failing to stop after/report an accident


Stevo985
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Random post, but wondering if anyone has any experience with this.A friend of mine (it really is a friend!) ran into a woman in a petrol forecourt in his car a few weeks ago.Nothing serious. He pulled around the front of the petrol pumps and reversed back towards an empty one. Woman stepped out from behind the pumps after fuelling her car, he didn't see her, she didn't see the car, and he hit her.Very gently, mind you, he was going very slowly and it wasn't even hard enough to knock her down.Anyway, he got out, was very apologetic, obviously, and spent 5 or 10 minutes checking she was ok, she didn't need an ambulance etc. He said she was absolutely fine, was more embarassed than anything and seemed worried about him rather than herself, insisted she was ok and not to worry about it. Blah blah blah.aaaaaanyway, fast forwadr 2 weeks, and he's gotten a letter in the post from the rozzers telling him he's being charged with driving without due care and attention, failing to stop after an accident and failing to report an accident to the police. he's assumed it's her making some sort of claim but I did suggest that maybe someone else saw it and reported it.Understandably (imo) he's a bit pissed off about this. he can understand the first part if she's made a claim, as you should spot pedestrians walking out in front of your car even if they just walk out in front (or behind) it.But he DID stop, and just didn't realise that you have to report any accident to the police, no matter how minor.So, has anyone been in this situation? Does he have any grounds to get off any of the charges or is he basically ****?

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I suppose the garage may have reported it but I wouldn't be surprised if his suspicions were correct.

But he DID stop, and just didn't realise that you have to report any accident to the police, no matter how minor.

I thought one only has to report it if there is an injury or if you don't stop (when there isn't an injury).

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Yeah I suggested the garage may have reported it, although they didn't get involved at the time.

On your second point, I did try to google it and it seemed to suggest that no matter how minor, an accident must be reported.

But to be honest, when you google this stuff you just get thousands of links to injury lawyers, so it was hard to get a proper answer!

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Thinking about it further, I guess that any collision between a pedestrian and a vehicle is going to cause an injury though it may only be a tiny bruise and would therefore require it to be reported.

My suggestion would be for your mate to see a solicitor as soon as.

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if it was on a garage forecourt it will be on CCTV, so his defense that he stopped and got out will quickly be proven, however id say he will be done for failing to report an accident.

this will bring a world of trouble to your mate though, once injury lawyers get there mitts on the person your mate hit they will tell her to claim for all sorts.

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Can't be done for driving without due care and attention, it's a garage forecourt i.e. private property.

Although there is a legal requirement to report every accident to the Police, it is well established practice by the police, that as long as details have been exchanged then there is no need to.

His only problem that I can see is proving that he offered her the details and she declined them. That would be on the CCTV that she's obviously already obtained, otherwise who did the Police know to send the letter to?

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Yep. And he's aware of that and ok with it, to an extent.

It still annoys him that he'll probably get done for all sorts, but what he's really concerned with is the failing to stop and failing to report because, as I said, he DID stop and didn't think every little thing had to be reported.

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It is also his word against hers, he says he offered details, she says he didn't. CCTV footage will prove he did stop and made sure she was alright, it may show him offer her details it may not but even the act of stopping and being with Mrs Tiny Bruise should sway it his way slightly

Oh and I'd also suspect she hasn't told the Police it happened on a forecourt otherwise they wouldn't have sent their standard not reporting threat. They only do that to try to get you into the station to give details. Its a stat thing at the minute it is recorded as an unresolved crime, as soon as he goes into the station, it's resolved, positive stat yay, lets all bow down to the great stat god, the countries safe the stats say so....

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Thanks Bicks.

He's assumed that she just remembered his number plate, but I guess her having the CCTV is possible.

He's also not sure the private property thing holds (didn't say why)

I'll pass on the other info. So you think if he goes in and talks to the police it'll be ok (well, not ok, but better, if you get what I mean)

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The CCTV thing is interesting as the garage forecourt staff are not allowed to give out copies of the material, it is covered by data protection. She would have had to report the matter to the police and they could then have required the petrol station to produce the evidence to them. As has already been said get a lawyer involved asap.

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He's also not sure the private property thing holds (didn't say why)

The law is different on private property as opposed to the public highway, I found that out when somebody smashed into my car in a pub car park. The police have different jurisdictions and therefore I presume different levels of interest.

The woman might just be trying her luck here, it strikes me as if she has been talked into taking this further by a third party given that she was quite happy to leave things as they were at the time.

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