Coach - false claims of leaving the scene of an accident

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Sun 25 Jan 2015 23:03
Coach - false claims of leaving the scene of an accident - Ron1959

I am a coach driver and i have received a letter from the police sayinng i had been reported for leaving the scene of an accident and careless driving, on the day in question i was indicating to turn right onto another road, i initially stopped due to traffic coming towrds me, i had a clear view of the the road i was turning into and could see it was clear of any traffic , a car flashed me to allow me to turn into the rd wich was still clear, about 20 yards up that rd was a left hand bend, as i initiated the turn a car appeared the front end of my coach was into that road the car kept coming towards me, at which time i stopped i was obstructing the junction to that rd also the rear of the coach was obstucting the rd i was exiting, the car was preventing me to move any further, the passenger of the car was ranting and raving telling me to reverse back out that was not an option, eventually the driver of the car reversed back, the way he reversed gave me the impression he could not drive he was weaving all over when reversing back, this allowed me to move forward or so i thought this driver decided to drive forward again preventing me from moving forward any further, the car then squeezed past me so i carried on to the coach park which was on this rd, when i got out of my coach to open the coach park gate, these two guys appeared behind me, the passenger got out of the car shouting foul and abusive language to me calling me names then saying i had hit the car, i replied if their is any damage on the coach it was the driver who caused it, then i invited this guy to inspect my coach for any damage which their was none not even the slightest of scrapes looking at the damage on the car which was the rear wheel arch it would have been impossible for me to have struck the car without causing significant damage to the car (the damage to the car was only slight) and the coach, this guy declined to look at the coach and when i said i would call the police he got back into the car their drove off, i parked the coach in the coach park and sat there for an hour fear they may come back, rather than walk i got a taxi to my hotel, why i didnt call the police was beyond me i know that i should have done so, the coach was displaying in the window the hotel i was staying at, this happened on the Saturday the coach was in that coach park until 10 o'clock Sun then parked back in there at 1 o'clock sunday afternoon until 9 monday morning which was the day of our return, i received the first letter on the 29th oct 14 which i responded to saying i was the driver, i then received a second letter to produce my documents on the 11th Nov 14 i done that immediatley, from then until 21st of January 15 i received a letter asking me to complete a statement concerning the so called collision, at the bottom of the letter it says -: i do not wish to complete the attached statement concerning the above mentioned collision and underneath that i did not witness the collision, it says its important to send either the completed statement or the prior mentioned section as soon as possible could you please advise me yours sincerley Ron

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Mon 26 Jan 2015 00:03
Coach - false claims of leaving the scene of an accident - Avant

I - think - this is asking for legal advice, although because you haven't put in any paragraphs one loses the will to live after a few lines. I'll move it to Legal anyway, and someone may have the time to offer advice.

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Mon 26 Jan 2015 08:07
Coach - false claims of leaving the scene of an accident - Dwight Van Driver

I can give some info but I will have to lie down and try and work out and come back later........

dvd

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Mon 26 Jan 2015 10:40
Coach - false claims of leaving the scene of an accident - Dwight Van Driver

Initial thoughts after deciphering the post is that either there had been an accident or there may be an ‘Asian whiplash scam’ event where a false report is made for monetary gain but I see no mention of injury.

OK so as far as accidents are concerned then under section 170 Road Traffic Act 1988 (google it) owing to the presence of a motor vehicle on a road an accident occurs whereby damage is caused to another vehicle the driver MUST STOP – offence not to do so. In this incident this was complied with. The second leg is that having stopped, the driver MUST GIVE to any person having reasonable grounds his name and address, the name and address of the owner of the vehicle and its details. Failure to do so is an offence. But this can be negated in that if not given at the time then it is given to the Police as soon as reasonably practicable and in any case within 24 hrs. No mention these were given and bus driver admits aware of damage to wheel arch of car.

If injury is involved Insurance details must be given. None mentioned.

If there was no damage to the bus but only the car then it is the onus of the bus driver to comply with above. Conversely damage to the car none to the bus – the car driver has to comply.

Case law has dictated that a driver must be aware of the accident for the offence of fail to stop/exchange details to be committed (Harding v Price [1948] cannot be claimed in this incident?

Not sure what details exchanged but car driver has obviously reported this to the Police.

Police have now received an allegation of possible careless driving and failure to give details. In the investigation procedure they have within 14 days of the incident (date of incident not included) to send to the Registered Keeper (or driver if known) a Notice of Intended Prosecution to the effect that proceedings are contemplated (not that there actually will be at this stage) for careless driving. They would also send a request under Section 172 Road Traffic Act 1988 (google it) to name the driver – failure to do so within 28 days offence. From the post seems this complied with and which can be used if necessary at Court to prove ‘driver’.

So Police now have an allegation statement and proof of other driver and it seems they have offered the bus driver a chance to give his version of the events after which they will decide if there is sufficient evidence to submit a file to CPS for them to decide on a prosecution. This will obviously depend on the number of witnesses (bus driver 0 car at least 2?) If they say yes then summons will be issued.

Normal procedure is for police to interview personally but in today’s stretched blue line trying to save time/manpower?

In relation to the statement of the bus driver it may be before submitting same, whilst not a requirement, it may be prudent to submit same through firms solicitor/insurance company/or private solicitor.

If the account of the bus driver is the truth, the whole truth and nothing but the truth then I cannot see a case of careless driving can be made out. I am not privy to all the facts, likewise the fail to exchange details.

Finally just a thought, seems incident occurred in a town and as such there may be LA/Private CCTV that may have captured the incident but passage of time may have erased

dvd

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