A friend (honest) quite literally nudged a vehicle in front at a junction and he says that the impact speed was less than 5mph.
He stopped his vehicle and gave the other (lone) driver his name and registration mark - not insurance details or address. However, the other driver was using insulting behaviour and words and would not calm down to exchange details further. My friend left the scene.
The car in front was fitted with a towbar and the only reported damage was to the number plate on my friend's car. No injuries reported from either party.
My friend has now received a letter from the local police requesting details of the driver in relation to an alleged offence of careless driving / failing to stop.
Question:
My understanding of s.170 of the Road Traffic Act 1988 is that there is no legal obligation to stop, give any information to any person or report any incident to the police follwowing a collision with a vehicle and there is no damage to that vehicle or no injury to any occupant of that vehicle or my vehicle other than myself.
Is this right?
Careless driving could be a sticky point if the matter proceeds. Is the whole thing just a formality
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Not a lawyer, but surely the best approach is to attend the local copshop (a) to explain that he did stop and offered to exchange details and (b) to make a complaint of threatening behaviour?
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The failing to stop one is easily overcome by saying that he tried to exchange details but was threatened. Would be easier to defend if had popped inot the nearest cop shop as soon after and reported it.
Careless driving? well when you hit a staionary car in front of you thats pretty careless (no offence meant - I have done it) and there is no real defence here if plod want to prosecute.
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S 170 Road Traffic Act 1988 (Damage only accidents)
If owing to the presence of a m /vehicle on a road an accident occurs whereby Damage is caused to another vehicle, the driver shall stop and IF REQUESTED to do so give his name and address and that of the owner of the vehicle and particulars of the vehicle to any person having grounds for requiring these details (obviously the other driver).
If he doesn't do so, the driver must as soon as practicable and in any case within 24 hours report to the Police.
On the premis that both vehicles were damaged then your friend gave details at the scene and from what you say the other driver did not do so but seemingly has covered his tracks by reporting to the Police giving you friends details. Both drives seemed to have complied with the law.
Running into the back of the vehicle in front is generally driving without due care and attention.(S 3 RTA 88) As to whether proceedings are taken will depend on the amount and quality of the evidence that Plod comes up with. Plod has asked your friend for drivers details and he will have to comply otherwise an offence is committed.
DVD
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