Driving without due care

[Kaitlin 12]

I have recieved a letter from the Police stating that I am being accused of driving without due care and attention and failing to stop at at report an accident. On the date stated I remember "cutting somone up" as I was changing lanes on a dual carriageway. This was not intentional and the driver i cut up was obviously annoyed and beeped his horn, however, he did not indicate that he was hurt, stop or signal for me to stop. We both carried on down the road until the next junction, stopping at lights (the man did not get out of his car at anytime) until we went in opposite directions at the next T junction. As far as I am concerned there has not been an "accident". Neither of us stopped and there is no damage to my car. What are my rights and what will the next step be?

[dusty1]

I would go to the police station, expain the situation to them and find out what damage was done to the other car, if it was a lot, and yours had no damage get the officer to look at your car and make a report on it, if he will, because if theres a lot of damage to his car, then there should be damage to yours of some sort, and the officer can be a witness for you saying that in his oppinion there should have been X amount of damage done to your car in this alleged accident, but there is not any and get a good solicitor, could go to a solicitor first, don't forget first half hour is usualy free

[Panic Button]

It wasn't me

[Grunty]

I'm not sure if my answer didn't reach the site or if I have answered a duplication of this message.

If someone in the other car was injured while the driver was braking or swerving, it would count as an accident. It would also if the driver hit another vehicle. The notice has to be sent to you within 14 days, and this allows the police to get on with the job of interviewing the driver, passengers and any witnesses. At the time they sent the notice, they will have known little or nothing about the incident. They can cancel the notice if necessary.

The duty to stop after an accident applies to the other driver as much as it does to you. You have a defence because you did not know that an accident had taken place. The other driver appears not to have that defence.

You should make notes of exactly what happened while it is fresh in your mind. Unfortunately there is a period of six months in which proceedings can be started, so you will not know for sure until then.

[Toureman]

When I was driving in London a woman cut me up and just clipped my wing mirror with her's, there was no damage to either cars, neither of us stopped.

As she must have reported the accident to the police I received the same notice as you with orders to produce my documents at a police station but heard nothing after that.

This was a few years ago.

[pianoman81]

agree with panic button-
deny it all- simple-
i had a similar situation-
some guy wanted to play- cut me up big time, i got out at lights- he bottled it and caned off down the road-
so i caught up to him, rammed him, and drove off.
2 months later i got arrested and interviewed under caution
the guy had my registration- and description of me and the car-
i denied the whole thing-i did not have an alibi - the police sent me home, 2 weeks later had a letter of them saying the charges were being dropped due to lack of evidence-
---do not own up---
if they do NOT have you on camera- and there are no other witnesses- just deny the whole thing. its just your word against his.

i wouldnt have done the above if he had not started it, but he was happy enough to let me crash so i gave it him back- difference is , i won.

the other hand-
if it goes bad-
as was explained to me- legally- a hefty fine and dependant upon circumstances 6 months jail time.

good luck whatever you decide -
:)
seriously.

[pianoman81]

to answerbank- the above took place 3 years ago- and has been settled by the police and neither driver was injured or charged.
to confirm.

it is not in any way encouraging illegal activity as i do not endorse any such activity.

to be clear.

[pianoman81]

oops.