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Wing Mirror to Wing Mirror Clash - Advice Please?


Buzzfox

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1 minute ago, M12MTR said:

I would call Police 101 and log the 'incident'........ tell them what happened so it's on record; including the intimidation...... this way you cannot be later charged with "leaving the scene of an RTC" which can carry points and a hefty fine.

I would NOT call your insurance. As you say no one will claim (As clearly 50 50) and they might (will) increase your premiums next year / future years.

Incident happened a few days ago, so his wife has already left the scene of an RTC.

Be hard to explain to your insurance why you contacted the police about an RTC, and not them.

Simply playing Devil's advocate here.

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In light of events..... having tel number / house address I would still call Police now. Just to have it on record.

And no. As the communication is about "paying own repairs as knock for knock and very minor damage" I would not inform insurance.

That's what I would do.

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22 minutes ago, Menoporsche said:

If you gave out home address in good faith due to a car accident, and ended up getting threatened, I'd like to think that the police would have something to say. Maybe you don't know where they live but they should be able to find out if necessary.  Unless of course it's a caravan of sorts (like my brother's dodgy builder - left a nasty taste paying him, but the alternative was months of sleepless nights - not worth it).

It's been a while since you've lived in the UK right?  I can cite many incidents of much more serious cases round me that the police has decided doesn't warrant any of their time due to limited resources.  Including a recent case 100 yds from me where 75 yo lady who was knocked off her bike and killed by a local farmer driving an off-road quadbike on the road without any tax,  insurance etc.

 

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Have heard several similar stories like that mike :(

Was also going to suggest meeting the guy to pay for the mirror only at a police station, then thought I'd probably get the response "what's a police station?" :(

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Get a big dog maybe just in case they call round the house?

Seriously though, them knowing your address does change things which is why I asked.

Given that, I recommend you report everything so far to the police, and get an incident number. Then don't pay anything until you have his full name and proof of address.

You can then consider paying him -  once you have all those ducks in a neat row, but not before!

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Phone 101 or visit a local nick (if it hasn't been sold to a housing developer!) and report the aggressive behaviour and any threatening calls (record any more you get and save any texts).

By law in such incidents the only legal requirement is to stop and exchange details, name/ address. The fact she didn't stop immediately isn't necessarily relevant in the circumstances.

With regard to the collision the police will not be interested if legal requirements are met unless allegations of careless/dangerous driving etc are made.

Their/His behaviour may constitute a number of offences but again its all about witnesses. Keep any texts and record any phone calls.

You could calmly explain that she did not stop immediately due to the shock but that insurers will go knock for knock and everyone will have a collision record, loss of NCD etc, so as an act of good faith, without any admission of fault and in full and final settlement you offer £XX amount or we go through insurance who will fleece both sides.

Personally I would tell him to go and get *^&$£d and if he makes threats to my wife again he'll have more that a broken wing mirror to concern him, but then I'm not very subtle.

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2 hours ago, Shazbot said:

By law in such incidents the only legal requirement is to stop and exchange details, name/ address. The fact she didn't stop immediately isn't necessarily relevant in the circumstances.

 

Erm, she didn't stop. Rightly or wrongly she was pursued for her details.

Had she not been pursued, she was not stopping.

Again, devils advocate.

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Spoke to a friend in that line of work and this is the gist of what he said;

Yes that is indeed the case it is legally a reportable collision, but that still wouldn't interest the police as they have exchanged details. Not stopping as she didn't believe any damage was done would be likely be accepted as she based it on her own mirror being ok according the post.

As for her not stopping;

There is the supposition on her part that he was speeding and was the main cause of the 'collision' and therefore the one at fault , however she did not have damage to her vehicle in her estimation therefore no reportable collision to her mind. (see below for what constitutes reportable collision)

Yes they both should have stopped, but she didn't and then the pursuit ensued. It is likely in the circumstances given, whether completely accurate or not, even if the police had been nearby and arrived on scene as they had the 'altercation' they would likely have checked vehicle and driver details, breathalysed both drivers, issued producers and ensured they exchanged details and left it to insurance to sort unless he and his passenger were actually committing offences in front of them.

The exchange of details should include by law, insurance details but it is accepted practice that as long as name , address and contact details are exchanged in minor road Traffic Collision (RTC) that is acceptable as long as there are no other factors such as allegations of careless or dangerous driving, which would require independent witnesses to corroborate.

He said from a point of practicality that as no injury or major damage was resultant that generally minor RTC like this if 'phoned in, it would be advice given by a call operator to exchange details of name address and insurance unless allegations of something more serious were made, even then it would probably be a local mobile not Roads Policing attending.

Apparently very few 'damage only' RTC's are ever attended by police as in his words "There are very few RP units and the locals are too busy dealing with kids stabbing each other, missing vulnerable people and a hundred other things"

A Derbyshire Police information site give this guidance:

The law defines a reportable road traffic collision as an accident involving a mechanically-propelled vehicle on a road or other public area which causes:

  • Injury or damage to anybody - other than the driver of that vehicle,
  • Injury or damage to an animal - other than one being carried on that vehicle (an animal is classed as a horse, cattle, ass, mule, sheep, pig, goat or dog).
  • Damage to a vehicle - other than the vehicle which caused the accident.
  • Damage to property constructed on, affixed to, growing in, or otherwise forming part of the land where the road is.

If they take place in a public place the police can investigate off-road collisions, for example, collisions in car parks, which, because they are open to the public, are deemed public places.

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ALWAYS, ALWAYS ALWAYS call it in to the Police.

From the time our car received MINOR damage at an airport parking service to the time an errant wheel trim hit the front of Mr. Box.

Both times the incident was put to bed simply by texting the Police Incident number to the other party and asking how they wished to proceed, Officially or Unofficially.

 

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Please get a price for the damage to you your mirror.  Even if you are not going to replace it, at least half of your mirror cost will lower the amount you will be contributing towards the other party's mirror.

Also, be very sure of the story as you weren't there.  A work colleague had a guy go to his house spitting feathers over the work colleague reversing into the guy's wife's car and then trying to say it was her fault.

Once the colleague told him where the accident actually happened, that he was waiting to turn right when she hit him, that there was a witness to the accident and also showed the damage to the colleagues car (which didn't match the story the guy had been told), things calmed down.  All because the guy's wife didn't want to be in the dog house over an accident.

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