Undue Care And Attention!!!!

[Kerry511]

Hi I was hit whilst stationary in my car. The lady that went into the back of me admitted to myself and the police at the scene of the accident that she took her eyes off the rd because her child was asking for the toilet!!!. The traffic criminal justice sent me a letter saying they will not be doing her for undue care and attention!!!! Why is this?? At the scene the police told me she would be done for it!!! :(

[jno]

what does it matter? Were you injured? A woman ran into the back of my car a while ago; nobody prosecuted her and I wasn't in the least bit worried.

Stuff happens. If you're just wanting revenge, that'll give you more grief than the accident probably did.

[EDDIE51]

It is '' Without due care and attention''
The police will have recommended she is charged but the CPS ( Justice system) have decided not to prosecute. Nothing you can do , it will make no diffrence to the insurance claim as she has admitted liability anyway.

[Kerry511]

Hi. Thanks for that!

Yes me and my passengers were injured! I went through my insurance as my car was a write off and I needed to claim back the money for my car and time off work through my injuries and looking after my injured children!! The reason why it is getting to me is because the insurance (her insurance) are asking for police report which in my case should show her as being guilty! As she is claiming she was not to blame! If the police did their job properly and did her for undue care and attention then she would not be able to lie about being responsible for the rta that could have caused my kids their lives!!

[Kerry511]

She is denying liability and not admitted it.

[rojash]

If she admitted it to the police, then it will be in the accident report, regardless of whether or not they decide to proceed with a prosecution.

[friedgreentomato]

Maybe there is not enough proof - the police will have recorded it if she admitted liability.

she's daft if she did though!

[factor-fiction]

I suggest you leave it to the insurance company- it's what you pay them for

[Barmaid]

If police attended at the scene there WILL be an accident report which your insurers can obtain by paying a fee. It makes no difference whether she is to be prosecuted or not.

[Maydup]

Whether they prosecute or not, it's unlikely to be anything but her fault for going into the back of you. She can deny doing all she likes but if there is even the smallest amount of evidence, she will be liable. A police report and the assessment of the damages to your car will be plenty of evidence.

As others have said, leave it the insurance companies they will fight it out and either your insurance or her insurance company will pay you.

In the meantime, take care of yourselves as shock can be quite debilitating.

[boxtops]

as factor says (and we said on a similar question a few days back), don't get personally involved. This is what you pay your insurance company for. When I used to work in motor claims, the rule was (and I think still is) that if you run into the back of someone, you're liable. You should be paying attention.

[boxtops]

^ I don't mean you, I mean the driver at the back.

[jake-the-peg]

It's quite standard instructions from insurance companies not to admit liability in the event of an accident but to let them sort it out - she's probably just doing that. - If you look at your insurance details you'll probably find your insurance company asks you to do this too.

Her insurance company will look at the details see she ran into the back of you and the police report says that she took her eyes off the road due to her kids in the back and will then concede liability straight off.

Make sure that when they offer you compensation for the written off car it's a reasonable offer, you may need to send them copies of service records and things like that if you want to argue it was worth more money but bear in mind you don't have to take their first offer and you can fight for more if you think they're being cheap

[EDDIE51]

If she admitted to the police that she was guilty then that will be on the police report. As said, she ran into the back of a stationary car, it is going to be almost impossible for her to get out of blame.
There is nothing you can do it is out of your hands , just let the insurance sort it out.
Just to repeat it is NOT the police who decide to prosecute or not , it is the CPS (Crown Prosecution Service) , the police just submit the report and the CPS decide if they are going to charge the person or not. The police have nothing to do with it apart from putting in the report.

[jno]

leave it to your insurance company; nothing that does or doesn't happen to her will get you better quickly. I would have thought the facts spoke for themselves on this one: if you hit the back of a car in front of you, you're guilty.

[Kerry511]

Thanks for info guys :-) x

[SpikeyBush]

I was hit from behind in 1994 by an airman based in Germany. He had no insurance and the MR2 he was driving had false plates. I took him to the cleaners and was compensated by the motor insurers' bureau, and last I heard the offending airman was courtmarshalled by the RAF for bringing the services into disrepute.

[Titehead]

it's "without due care and attention" as Eddie says, Undue would be applying more care and attention than is necessary!