RON

I expect someone on here will be able to answer this for me, basically, I had a bit of a coming together with another vehicle on a dual carriageway on the 6th nov 2001, because I was in my mum's car, she recieved a notice of intended prosecution on the 16th nov 2001, because it was me driving I went to the Police station and owned up to the fact, later that day I had a quick chat on the phone to the officer dealing with it, I told him what had happened, and he said I would hear from him in due course. Well, I just got a call from him asking me to go to the cop shop tomorrow afternoon, what I would like to know is, is there a maximum length of time in which they are allowed to start proceedings 'if' they're going to? bearing in mind that I did not personally recieve a letter of intended prosecution, mum did.
He said that he would like to record our 'chat', he also said that I could have a solicitor present if I wished, what d'you reckon?
The damage caused by this 'incident' is basically a scratch in the bumper about three inches long nothing else, in my opinion it was totally the other chaps fault, neither of us stopped, I know this cos I followed him for about another 2 miles after it happened.
Anyone's thoughts would be gratefully recieved.
Ta
Ron.

BuRR

Sounds like he'll be completing a contemporaneous notes interview, either that or the interview will be tape recorded. This is usually the proceedings before a file is put forwards for consideration for prosecution.

Your main problem would be wether or not you reported the incident, ie it was a fail to stop/report accident. You don't have to stop after an accident, but you ARE supposed to inform the police in a "reasonable" time - usually 24hrs should you NOT stop.

boomer

Unless someone is injured, or something non-car is damaged, i though that you don't have to report it to the Police.

Can you ask the Police Officer what this "chat" is about, and why? After all, nobody else was involved - apart from the other driver, who you say drove off ('cos you say that you followed him).

If the Police won't say what it is all about, i would consider getting a solicitor - just in case. Ask if you can have a duty one?

I wonder whether the Police can force you to make a statement?

mb

BuRR

If your causes damage to anything or injury to anyone then you should report it. Many police forces, however, are quite willing to let motorists sort out bump-for-bump accidents themselves due to the sheer volume of these accidents.

Your problem has probably arisen from the fact that although the other driver appeared to have driven off too, he may have reported the accident later in the night. The police then wait for the other person (you) to report, then the insurance details can be married up and the matter referred to the relevent insurance companies.

BuRR

and by the sound of it he won't be making a statement, he's being interviewed under caution, which is a bit different.

He IS entitled to say nothing, but due to the wording of the caution, a court can bring its own conclusions as to why he's not saying anything.

S55 DVM

When I phoned my local police force, Grampian, to report a similar bump, I got the 'unless there's an injury we're not getting involved reply'. I would suggest your 'chat' is more to establish that you were properly insured, mot'd, etc.

Cheers,
David.

ianlisseman

Ron

I was recently involved in a serious crash writing off my scooby and was at fault for being on the other side of the road at the time and spinning at 40mph into an oncoming car.

The babylon I spoke to were very helpful and they said they have six months from the date of the accident to DECIDE whether to prosecute you, in my case it was for careless driving. Only in serious accidents do they take a real interest and I think this does not appear to be the case, I spent a week in hospital, they never interviewed me or my passenger and are taking no action against me in a serious crash with injury.

I do think they are being over-zealous here but never talk to the cops unless a solicitor is present, ask for the duty solicitor and you have a RIGHT to know the purpose of the "chat", no police officer can tape record a "chat", they HAVE to inform you in a more formal fashion. If it was me I would ask for a more senior officer for their advice, ham up your anxiety but full willingness to co-operate with the Police. Also ensure you will be talking to the Accident Investigation Officer, who should be in the Traffic Department who handle such Road Traffic Collisions, they are no longer called RTA's but RTC's, bloody political correctness gone mad.

I did my homework after the accident, I am not being prosecuted thankfully, were there any witnesses there? Independent witnesses are almost compulsory to secure a careless driving conviction.

Boomer is correct, only damage to persons,property or animals need reporting, though bizarrely Cats are not included I think, most other domestic pets are, kill a cat, thats ok. I aint a cat lover anyway! For minor collisions where you will still be making a claim reporting it to the police is advisable if only for the reference number needed to make a claim.

It may be they want to know about the other guy, did you get his reg no?

I am not a copper, nor a lawyer but did my homework after my accident. I hope this helps, good luck all the same, let me know how it goes mate!

ianlisseman

to add on it is unlikely they just want to check your documents as they can do that by post and that is usually done very soon after the accident, my money is with something to do with the other driver, they want to chat to you about that but they should have been more specific and formal.

BuRR

The only problem here is that each of the police forces of England and Wales will have a different policy on the recording of road traffic accidents. And also, within each force area, there are again different policies. For example, in Leeds the Accident Investigation officer has nothing to do with the Road traffic department, but sits in the CJSU (criminal justice support unit) who prepare the files prior to submission to the CPS.
So, unfortunately, until you actually attend the station I can't see anyone giving a definitive answer as to what would happen.


Scotland is a different kettle of fish. Their alternative law system means that their other policies are likely to differ from the equivalent English / Wales policies. This may explain the attitude / reply you got from Grampian.

[Edited by BuRR - 1/19/2002 7:34:17 PM]

boomer

Ron,

what did the NIP actually say?

mb

RON

Thanks guys, I personally can't see any action being taken for what was after-all an incident which caused less damage than parking badly, anyway the nip said:
Dear Madam, (addressed to my mum)
In accordance with the provisions of the Road Raffic Act 1988, as amended by the Road Trafiic Act 1991,you are notified that a report has been submitted in connection with a traffic occurence involving motor vehicle bearing the registration mark******* which took place on the highway or public place on the A35, approx 1/4 mile from rbt B3067 towards Poole at about 1.00pm, on the 6th day of november 2001.
Consideration is being given to the question of prosecuting the driver for one or more of the folliwing offences:-
1. Dangerous driving.
2. Careless & inconsiderate driving.
3. Fail to stop after a Road Traffic Accident.
4. fail to report Road Traffic Accident.
The fact that this notice is sent to you does not necessarily indicate that there will be a prosecution. To comply with the law, such a notice must be sent within fourteen days of an incident which may lead to a prosecution for the offences named. Yours...........


The bit that interests me is the fact that it says that the nip should be sent out within fourteen days, unyet I have not had one, the one that I just copied was sent to my mum. Does this mean they can't nick me for it cos they haven't warned me??????

Ron.

BuRR

The NIP is good enough in itself to initiate proceedings. The next step would have been to identify the driver, to which you saved them a job. Again, I would think they were going down the lines of fail to stop/report. It seems that although the other driver did not appear to stop, he/she reported the matter at the police station.

To be honest, with all the current scares of car-jacking, especially after the Bradford shennanighans, I would be reluctant to stop after any bump. Instead, we need to be making a note of the location of the accident, as well as the registration of the other vehicle, and either making a phone call to the emergency services, or reporting it in person at a police station.

scud8

iTrader: (1)

If there's no injury, there's no way you should call emergency services (as bad as that woman calling for an ambulance to collect her son from the pub because she couldn't reach him on his mobile ). Just call your local police station when you get home.

BuRR

I was referring to the "drivers in dispute" after an accident. These usually lead to a trawl through the insurance gutter when people argue word for word about who's fault it was.

The police can act as a witness as to the location of the cars, and as mediator in exchanging details.

At the end of the day, that's what they're there for, although its just another straw on the proverbial camel's back to them.

Again, I would be reluctant to get out of the car, but I know that an officer would much rather attend on the day and sort insurance out there and then, than spend the next few weeks chasing up drivers after the accident has been reported at the station desk.

RON

Just thought I'd let you know how it went,
I was taped giving my side of what happened, I'm not worried about it, I've got the other blokes name now, he'll suffer in some way!
Anyway, the upshot of it is that I 'might'get done for failing to report an accident, although the officer dealing with it said eh would advise no further action, but it's not up to him to decide whether they prosecute or not, fingers crossed eh!
Ta for the advice and-all
Ron

tiggers

RON,

Sorry I've come in on this one a bit late, but have read it through and I would think you're pretty much in the clear. I had a similar incident about ten years ago where I ran over a lad's foot when he ran across a (no pedestrians) dual carriageway while having a temporal lobe epileptic fit.

I reported it to the police within an hour and at the time they didn't seem bothered. However, a few days later I got summoned for a chat (taped just like yours). Seems that the lad's parents had come in to the police station saying I'd tried to kill him etc. etc. (to be honest he was lucky not to go over the bonnet of my car - I still remember the incident to this day).

I attended the police station and gave my side of the story. The police officer who took my statement said that he would pass the details on to the CPS, but was going to recommend no further action. As I was leaving the station he took me to one side and told me not to worry and that without his recommendation to prosecute the CPS wouldn't touch it.

So I would think you'll be OK?

Regards,

tiggers.

JGRIFF

Do get a solicitor, get his advice first,and meet him before you go to the police station. As you will not be under arrest when you are interviewed, the provisions of the Police and Criminal Evidence Act (PACE) do not apply, and therefore you have no right to use the duty solicitor.

CrisPDuk

The police tend to record most interviews these days to protect themselves as well as you.

BuRR

It's called PACE, and contemporaneous notes interviews ARE governed by PACE, as the person is cautioned at the beginning. You are entitled to have a solicitor present, and as you are not under arrest are free to leave at any time.

As per the officer advising no further action, I would be more than surprised if this was not the case. File preparers usually go by the police officer's recommendations, unless there are some severe mitigating circumstances.

[Edited by BuRR - 1/20/2002 6:58:28 PM]

ianlisseman

Glad it seems to have been less serious than you initially thought, am I not alone in thinking the babylon could have been a bit less officious in what seems a relatively minor bump? Happy driving mate.