N/A - Hit and Run

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Tue 24 Sep 2019 14:25
N/A - Hit and Run - Richard Cooney

Hello,

On the 31st of March 2019 I was involved in a hit and run. I have video evidence of them hitting my vehicle, and multiple witnesses who were in the area at the time. I have phone numbers for these people, and the video even captures them stopping to see if I'm okay. minutes after the collision I was straight on the phone to the police and following that I reported the event to my insurance. I did not claim for the damage, I instead chose to get it fixed myself as I am a young driver and my insurance is already expensive as it is.

Getting to the point, I was originally wanting the police to at least speak to the driver (for details) but I fully understand its 'more of an insurance matter' as I was told by an officer. To make things worse, I know the driver is based here around Blackpool as I have seen the exact same vehicle multiple times over the past months since the incident. I understand it possible they might not live here but I know for a fact its that vehicle. Same registration and damage which has quite obviously been patched up.

I'm no good at this stuff, and I know I've left it a while but surely there's something I can do.

Thanks,

Richard

Edited by Richard Cooney on 24/09/2019 at 14:28

Reply | Report as offensive | Link
Tue 24 Sep 2019 16:07
N/A - Hit and Run - Gerry Sanderson

Unless there is something that is not immediately apparent I am amazed police did not take any action there and then as there appears to be proveable evidence of criminal offences contrary to Section 170 Road Traffic Act 1988 having been committed irrespective of the fact that it was classed as 'an insurance job' i.e civil matter.

Despite the fact that it still remains within the provision of limitation on proceedings a complaint against the police could still be lodged for non investigation of a criminal offence. However after 6 months I can understand a relutance for this to be accepted for a number of reasons. The main being the recollection of facts by the witnesses after all this time has elapsed, driver id etc.

If you can purposley identify the offending driver then one could take the matter through a civil small claims court for cost of the repairs. Again the delay in following this may attract adverse comment.

Looks like the dog should remain sleeping?

dvd

I can only offer let sleeping dogs lie.

Reply | Report as offensive | Link
Wed 25 Sep 2019 02:26
N/A - Hit and Run - Richard Cooney

Thank you for the response.

I wish I knew more details of the driver but it's impossible. I know for a fact they are based around here, and I'm not just saying that. I couldn't be more sure. However, what's to say I spoke to the driver (however means possible) and he just denies the whole event even happened. It shocks me too, but the police didn't even seem concerned. They taken some details for the report and I was given a number to reference the event but it seems absolutely nothing has been done. Can't describe how annoyed I am and I think about it all the time but what else can I do?

Reply | Report as offensive | Link
Tue 24 Sep 2019 16:08
N/A - Hit and Run - Gerry Sanderson

duplicated post second removed

Edited by Gerry Sanderson on 24/09/2019 at 16:10

Reply | Report as offensive | Link
Tue 24 Sep 2019 20:40
N/A - Hit and Run - Middleman

//However after 6 months I can understand a relutance for this to be accepted for a number of reasons. The main being the recollection of facts by the witnesses after all this time has elapsed, driver id etc.//

There is another factor which may influence their decision not to investigate now. Failing to stop/report is a "summary" offence and proceedings must begin within six months of the date of the alleged offence. So unless they can get it tied up and begin proceedings by next Monday, it's not worth their while.

Edited by Middleman on 24/09/2019 at 20:42

Reply | Report as offensive | Link
Wed 25 Sep 2019 16:40
N/A - Hit and Run - Gerry Sanderson

Fail to stop is an offence to which Sect 6 Schedule 1 Road Traffic Offenders Act 1988 applies in that proceedings can be taken with 6 months of sufficient evidence coming to the notice of the prosecutor and no longer than 3 years period.

dvd

Reply | Report as offensive | Link
Wed 25 Sep 2019 17:14
N/A - Hit and Run - Middleman

I'm not sure you're correct, Gerry, but do have a look.

I didn't check before posting because I was reasonably sure but now I have. It seems (from Schedule 1 of the RTOA) that only sections 11 and 12(1) (which are both to do with proving the identity of the driver) apply to Failing to Stop/Report (S170 of the RTA). In fact the Section 6 provision (allowing prosecutions up to three years after the offence) seems to apply to relatively few sections of the RTA. These are mainly to do with failing to declare medical conditions, driving whilst disqualified and having no insurance. The CPS guidance on the matter is a little easier to read:

www.cps.gov.uk/legal-guidance/road-traffic-summary...s

Please check it through though as I may have it wrong. In fact I don't think it makes a lot of difference anyway because sufficient evidence (probably all the evidence there is) was provided to the police almost immediately and that is now six months ago.

Reply | Report as offensive | Link
Thu 26 Sep 2019 11:35
N/A - Hit and Run - Gerry Sanderson

MIddleman

My understanding was that by procrastination offenders could escape the 6 month time limit on summary offences i.e traffic offences , imposed under Mags Court Act 1980, the provisions as mentioned in Section 6 RTOA 88 was brought in in relation to the more serious traffic offences as listed in Schedule 1 to bring them to justice. Having looked at your argument again and having at first been confused as S6 firstly says 6 months plus to 3 years then Sched 1 says it does not apply because S170 does not appear in col 3 under a S6 then I bow to your submission.

My apologies to you and forum for my Boris moment!!!!!!!

dvd

Edited by Gerry Sanderson on 26/09/2019 at 11:37

Reply | Report as offensive | Link
Mon 14 Oct 2019 00:50
N/A - Hit and Run - HGV ~ P Valentine

Since no one was hurt, the police will not bother with this. yes its an offence to not report an accident, but the lazy police leave it all to the insurance companies now when its only car damage and no roads are blocked.

Even if you had reported it then I doubt they would have done anything, but they certainly will not now as the evidence on his car is contaminated by now.

My brother had the same thing with camera footage and they told him he had to get it verified by an independent 3rd party to ensure the video had not been tampered with.

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance

From which small car to buy at which price point to the best UK-built cars, our Top 10s have the lot. Click now for your shortlist.

Unsure of what to buy? Our Top 10s are here to help you....