Clipped mirror of stationary vehicle, didn't stop - points?

[Veovis]

Hi,

I clipped the mirror of a stationary vehicle this morning, but the road conditions didn't allow me to stop and exchange details (I would have obstructed traffic in both directions).

I've reported the incident to the police, I have no idea if the driver of the other vehicle has (he definitely saw it happen). I have also been into a police station to log my insurance and MOT details.

The desk officer at the station couldn't say whether or not this would be endorsable as it's handled by another department.

My questions are

1) Given there's no damage to my own vehicle, do I still need to mention this to my insurers?

2) Even though I reported it after the fact, will I get points for not stopping at the time? If so, how many can I get?

[Veovis]

The road network there is incredibly cramped with on-street parking on one side of a narrow road followed by a single lane for both directions shortly after. Stopping anywhere would have resulted in blockages in both directions.

It's not the cash I'm worried about, so much as points. I have a clean licence at the moment, I'm dreading that may change for not stopping, even though I reported it later.

[Veovis]

scarble said:

What kind of road was this that you couldn't stop for 2 minutes to say "very sorry, here's my phone number, phone/text me and I'll send you my policy number"?
I think in the case of an accident it's perfectly reasonable to block traffic temporarily, at least to exchange details, unless you were on a motorway or other free flowing high speed road and there is absolutely no where you can pull off.

A narrow road with on-street parking on one side.

scarble said:

Poor sod may well have not had a chance to get your plate and will have to pay for the damage out of his own pocket.
I hope it wasn't one of these folding electric heated integrated led indicator massage mirrors that cost hundreds.

eta: have you considered returning to the scene of the crime at a quieter time to see if your poor victim is parked there regularly and maybe leave him a note?

It was a delivery truck pulled over on double yellows to unload (happens a lot at that particular point as it's the only place they can stop for the local shops). Almost the entire village is double yellow lines. The road narrows not far ahead. It's quite "normal" for people to have to pull around such obstructions at that point. In this case, I just steered a little closer than normal.


I'm not actually trying to get out of anything here - I'm trying to figure out what, if anything, I may get done for and to what degree.

[Veovis]

scarble said:

Yea but, even if it's double yellows you can stop to exchange details, pretty sure there's an exemption for that

You could phone the delivery company?

Sadly, no idea what the company was - pretty non descript rear door and I was looking ahead and making sure (a little too hard, it seems) not to end up on the kerb on the other side as I passed it, not at the side panels.

I'm currently working on the assumption that as a commercial vehicle, his company may require him to report it to the police.

I really am just trying to figure out how much trouble I could be in.

[Veovis]

Monkeylegend said:

Veovis said:

I really am just trying to figure out how much trouble I could be in.

You will be in more trouble on here than with the police.

I may be new here (post-wise, anyway), but I'm not new to message boards in general. I know I'm opening myself up to ridicule

My statement does stand, though - I'm dreading the potential implications of not stopping, even though I reported it later.

[Veovis]

Nickyboy said:

How on earth did you clip the mirror of a truck?

I was in a Land Rover

[Veovis]

scarble said:

You're a worrier aren't you?
You're worried about points, you were worried about holding up traffic..

Very much so, yes. I'm the guy that accidentally goes past a camera at 71 and spends 2 weeks waiting for a NIP. It's not a fun way to be

[Veovis]

mikeveal said:

snorky782 said:

Jail. I'd expect a five year sentence with 1/3 off for good behaviour, probably in a Class B facility.

Why would you assume this happened in America?

OP, so long as you report to a Police Station within 24 hours of the incident you've not committed an offence.

That's what I'm hoping (and what I think the guy on the end of the 101 line was saying), but "failing to stop" and "failing to report" are two different offences, which is what has me worried.

[Veovis]

Raine Man said:

The police have got other things to deal with, rightly or wrongly you didn't stop but you obviously have had enough of a conscience to report it so I doubt they will be fussed at all.

Do they actually have discretion in things like that, or is it a case of I've made a statement acknowledging wrongdoing, so I'm getting a penalty?

[Veovis]

jaf01uk said:

Wrong!!! You must stop so you have failed to stop, the asap and in any case within 24 hours is only if you cannot find the driver, even on a 999 call if we are involved in any type of accident we have to stop, there is no exemption, poor advice... if the van was parked there then there was obviously somewhere for you to stop also, in front of it?

No. Where these trucks stop, they leave enough room to get around them so as not to obstruct traffic (otherwise I'd hope they wouldn't be allowed to stop there at all) before the on-street parking starts and prevents two-way travel along the street. There's basically about a car-and-a-half length after the truck in which to pull into the clear lane, after that it's one direction at a time with double yellow lines and a bend - three "do not stop" instructions in one spot.

However, I don't know if that detail would be taken into consideration.

I know there's likely going to be no come-back on the actual clipping, and I know I won't get anything for failing to report (because I did). I'm now just concerned that my judgement call to not block traffic is going to result in charges of failing to stop and perhaps driving without due care, and that I've screwed myself up legally.

Faling to stop potentially results in points, fines and jail. I'm trying to determine which of these, if any, are likely. The guy on the 101 line suggested that by reporting it, I likely wouldn't be prosecuted, but I'm getting quite stressed about it, now.

Is my own report enough evidence to convict, or would they need the other driver's statement and witnesses?

[Veovis]

paintman said:

The Prosecution have to prove, beyond reasonable doubt, that damage or injury was caused. If they can't prove this, then you will be able to defend it."
http://www.driverdefenceservice.co.uk/Failing-to-s...

Edited by paintman on Saturday 30th April 09:05

This is a little reassuring - if I didn't actually damage the other guy's mirror, there's no evidence with which to convict?

[Veovis]

Well... my paperwork has been received and... they can't tell me anything for another couple of weeks. I think it all hinges on whether or not the other guy reported me.

If they decide to prosecute then that's fair enough - whilst I had a reason not to stop, it's not a valid legal defence (that I can see), but not knowing is stressing me out

[Veovis]

Riley Blue said:

I wouldn't get too worried about it, clipping a wing mirror isn't a hanging offence. If I did it I'd be remorseful but would put it down to 'just one of those things'. I'd deal with the outcome and move on with life, it's too short to get uptight over such minor incidents.

It's not the clipping that's going to be a problem, it's the driving off - that's got some serious potential penalties attached. Not knowing whether or not that's happening is quite stressful

[Veovis]

snorky782 said:

Flooble said:

I can sympathise, being a natural born worrier myself. It is not in some people's nature to forget about things, however, it is worth remembering that all things which don't involve death or life changing injury can be recovered from with the passage of time. If you do collect some points on your licence they won't be there forever; you only have to declare accidents in the last 3 or 5 years depending on insurer; any cost to repair your car will be earned back within x months and so on.

If you take a deep breath and picture yourself in five years' time, this will be a distant memory.

I'm going to be careful saying this, but I bet he takes far more notice of your post than mine. You have effectively confirmed his worries. There is no need to worry, there will be no points coming, there is nothing at all to be flapping about, especially two weeks after it happened.

The police can't tell me if I'm being prosecuted or not for another two weeks. At worst, I'm looking at failing to stop with an additional charge of driving without due care, which combined is a lot of points and a potential ban. I'm very concerned.

[Veovis]

snorky782 said:

Veovis said:

The police can't tell me if I'm being prosecuted or not for another two weeks. At worst, I'm looking at failing to stop with an additional charge of driving without due care, which combined is a lot of points and a potential ban. I'm very concerned.

And there we go.

1. Any motoring solicitor will tell you that you do not face two charges for one offence

2. Any motoring solicitor will tell you, there is zero value in this being pursued.

You are worrying over nothing. Get yourself looked at and stop worrying about things that won't happen. The sky is not falling.

1) One of the police I spoke to said there may be a secondary charge

2) One of the police I spoke to said they like to prosecute for failing to stop (as is also stated on Thames Valley Police website) because it's "tasty"

[Veovis]

JonV8V said:

We should just ignore this thread - the OP has only ever posted on this thread - it's probably someone like Breadvan back having a laugh at the amateur lawyers trying to answer a stupid scenario about a minor wing clipping of a delivery van.

Next we'll be told that several flies and even a bee were also killed and their DNA is plastered all over the front grill and should he take his car down a back alley and torch it to destroy the evidence.

No idea who Breadvan is, no reports of fly or bee DNA (at least, not that they can definitively link to that incident). I am aware that statistically, it's unlikely that the other guy reported me (the one thing the person on the other end of 101 could tell me). I'm looking at worst case scenarios and potential likely scenarios because that's who I am.

Through the various responses I've had, though, I have actually got an answer to the main question regarding points / penalties, along with lots of other useful information I wouldn't have known to look for myself. Thank you, everyone.

[Veovis]

Nickyboy said:

Veovis said:

The police can't tell me if I'm being prosecuted or not for another two weeks. At worst, I'm looking at failing to stop with an additional charge of driving without due care, which combined is a lot of points and a potential ban. I'm very concerned.

Holy Hell, you clipped somebodys mirror, it happens thousands of times a day! Nobody is going to be charged with anything. No delivery driver is going to go crying to the Police because someone clipped their mirror.

How can you be charged with driving without due care?

If you worry this much about something god help you if something serious happens in your life. (no offence)

The report would be failing to stop, rather than dinging the mirror.

No one's stated the exact reason for the due care charge (I've also seen it referenced on one of the motoring lawyer websites), but I think the reasoning is that for them to prosecute for failing to stop there has to have been an accident. Once they've determined there was definitely an accident, there can potentially then be a charge of driving without due care because something must have led to the accident. It's not a certain thing, and I'd hope that for a mirror ding it would be written off as a non-issue, but legally the option is open to them.

At the moment I'm reasonably relaxed about the whole thing - my most frustrated posts were made immediately after having dealt with the police. Their inability to provide any useful information on whether or not anything's going to happen is highly frustrating. Repeatedly being called an idiot in here has, surprisingly, helped a little