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ashlee_brooks01 | 13:01 Mon 28th Mar 2011 | Road rules
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I was in a 4 car smash... October 2010. I have a clean licence but only have 6 points avaliable as have only been driving just over a year.
I am a careful driver and never take risks. I was driving around 30mph in the fast lane as there was alot of traffic. I think a lorry pulled out a few cars ahead causing everyone to slam on their brakes. I also did this but failed to stop in time and hit the back of another vehicle. I was then hit from behind and pushed into the vehicle in front of me again. My car was the only write off and i was the only one injured. I had 10 weeks off work with severe whiplash and a sprained sacroilliac which is still giving me problems from time to time. I lost alot of money being off work and was unable to drive due to the pain i was in, so had to rely on family and friends for food shopping and various tasks.
I put in a claim for compensation as i had lost quite a bit during the time i was off. I also had a private medical examination by my solicitors proffesional doctor who confirmed i had sprained my sarcroiliac. The claim was going through well and the driver behind admitted liability. Then a few weeks ago i was issued with a summons for driving without due care and attention. It has been 6 months since the accident and now im due in court. Can anyone help me with this?
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What has your solicitor advised?
you have admitted you were driving without due care and attention in your own question.

"but failed to stop in time and hit the back of another vehicle"

So you'd either not left enough gap to stop, or weren't paying attention, both are driving without due care and attention.

The fact that the person behind you was also driving without due care an attention does nothing to alter the fact that you weren't either.
Question Author
The breaks on my car were very poor also, so this didnt help
But surely they cant take my licence away after 6 months? As ive been driving in this time. Why has it taken so long for them to issue a summons?
Once again, what has your solicitor advised?
Question Author
Well i told my solicitor that the car behind shunted me into the car infront. I also said this in my statement as was very shaken at the time and was worried of what was going to happen. So i lied.
// The breaks on my car were very poor also, so this didnt help //

Are you making this up as you go along, what did your solicitor say about your dodgy brakes.
>> So i lied.

> Are you making this up as you go along?

It would seem so...
You also lied about hitting the car in front?
Question Author
Im not a bad person so please dont make me out to be. Im really worried about this and dont want to loose my licence.
Well in my new car you only have to tap the breaks and you stop. With the old car you have to put your foot right to the floor.
But you lied. Do you not think the person in front of you knew that they were hit twice?
Question Author
I was worried about the consequences and was very shaken up by the accident and done what i thought was best at the time.
Well your lie will be found out since had the car behind pushed you into the car in front there will only have been one impact with the car in front whereas there must have been two - ie you hitting the car in front and the car behind hitting you. I suspect THAT driver will be called to give evidence.

You need legal advice. Penalties for careless driving are obligatory 3 - 9 points. I would think that on an early guilty plea and given the nature of the accident you are probably looking at between 3 and 6 points. Get a solicitor and try and get your points below 6. The magistrates may find this attractive on the basis that it sends you a warning signal but doesn't take you off the road THIS time (but next time it will).

And for goodness sake do not mention your brakes are bad, else you might be looking at a "defective vehicle" type charge.
Question Author
Yes, but it was a 4 car smash and i said in my statement that i was also hit twice.. so i said that i was hit from behind twice.
Look at this link. Scroll down to careless driving. It says between 3 and 9 points. So it's a case of keeping your fingers crossed and hope you solicitor is good.

http://www.direct.gov...fications/DG_10022425
the fact that you are being charged with this wont have any bearing on your claim against the person who hit the back of you if thats what caused the injury. (not sure how you can tell which collision caused it though)

you cannot say that you are not at fault, you were only doing 30 and couldnt stop because of bad brakes. it wasnt even as if a lorry pulled out directly in front of you leaving no space to react "I think a lorry pulled out a few cars ahead causing everyone to slam on their brakes"

you probably need legal advice on this one by sound of it
Question Author
Thank you. Im not a bad driver and i was paying attention... i just didnt stop in time.
I really hope they arent too hard on me. Im so scared :(
Look at it realistically. It's only a driving license. You won't be going to jail. It just means that you will have to re take your test (not sure how long you'd have to wait to do that though)
Question Author
Yes i suppose so... but this would mean 2 buses to work.. also more money to take theory and driving test again. I can barely afford to eat at the moment.. i live on my own and im only 20.
I think i will just tell them everything and accept my punishment. At least i will be able to sleep better once its out in the open.
perhaps getting the bus will be cheaper than running a car?
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