Explain situation or leave it to the police?

[anonymous-user]

The initial message was deleted from this topic on 07 December 2023 at 20:00

[119]

peugeoting said:

I recently got into an unfortunate accident where my car aquaplaned into the path of an oncoming vehicle (considered at fault by insurance). The police stated that they intend to prosecute for driving without due care as they believe it is the cause of the collision. I disagree with this as I was driving very sensibly and if I had been driving carelessly it would have been much more than a low speed impact; all four tyres simply lost grip - they were fairly old but had been sold to me as fresh and in good condition. As it’s their duty to investigate it, should I send them my account of the situation or leave it to them? My license is clean and I would struggle if I received any points, importantly, I believe it would be wrong as it doesn’t accurately represent what happened so would like to do my best to avoid an endorsement. I am a fairly new driver so sorry about the high insurance prices! I would not argue with the insurance outcome, only the initial analysis from the police.

Seems like they have you bang to rights.

Even cheap stty ditch finders will hold you on the road at the appropriate speed for the conditions.

[oyster]

The condition of your tyres is YOUR responsibility, not that of whom you bought the car from

[Decky_Q]

I wouldn't say anything, what you might consider mitigating circumstances, could be giving extra fuel to the fire (ie tyres caused the accident). If they charge you, you will get a report stating why, read it and if it is incorrect then reply stating the errors.

[loskie]

if you want to contest it the way is to plead not guilty and challenge it in court. The Police may well ask for a statement. Sometimes less is more. There's often an error that would get you off.

Seek legal advice not us unknown know alls from the 'net.

[E36Ross]

Define fairly old tyres?

[B'stard Child]

E36Ross said:

Define fairly old tyres?

I was thinking OP's fitted "part worns" rather than "used car with used tyres"

[anonymous-user]

Decky_Q said:

I wouldn't say anything, what you might consider mitigating circumstances, could be giving extra fuel to the fire (ie tyres caused the accident). If they charge you, you will get a report stating why, read it and if it is incorrect then reply stating the errors.

Thank you, definitely seems best to let them give me their reasoning and challenge it if possible - it is their job after all.

New to Pistonheads and it seems I’ve just deleted my initial post which is no good to anyone!

[anonymous-user]

B'stard Child said:

I was thinking OP's fitted "part worns" rather than "used car with used tyres"

New set of wheels fitted for the winter which came with tyres. Plenty of tread and as far as I know hadn’t been used on another car but they were over 10 years old. They were fairly high spec Avons - if they were something like eco HiFlys or Linglongs I wouldn’t have gone near them.

[B'stard Child]

peugeoting said:

B'stard Child said:

I was thinking OP's fitted "part worns" rather than "used car with used tyres"

New set of wheels fitted for the winter which came with tyres. Plenty of tread and as far as I know hadn’t been used on another car but they were over 10 years old. They were fairly high spec Avons - if they were something like eco HiFlys or Linglongs I wouldn’t have gone near them.

10 yr old tyres - You've no idea how they were stored? (out of the sunlight etc)

They weren't a more track orientated tyre were they?

[Scrump]

peugeoting said:

New to Pistonheads and it seems I’ve just deleted my initial post which is no good to anyone!

I can reinstate it if you wish, let me know.

[BertBert]

I doubt the OP will be coming back if he's deleted his (or her) post.

[Sebring440]

BertBert said:

I doubt the OP will be coming back if he's deleted his (or her) post.

He's come back twice since deleting the post!

[anonymous-user]

B'stard Child said:

10 yr old tyres - You've no idea how they were stored? (out of the sunlight etc)

They weren't a more track orientated tyre were they?

No, not track tyres, it just seems they were exceptionally bad in the wet (they had more than enough grip in the dry). I had my car aligned and asked if they were okay and was assured they were, but to blame it on a garage is a whole other kettle of fish! Plus, the outcome is still unknown - at the end of the day they were on my car that I was driving, but I was driving properly and according to the conditions so it is a very frustrating position to be in.

[B'stard Child]

peugeoting said:

B'stard Child said:

10 yr old tyres - You've no idea how they were stored? (out of the sunlight etc)

They weren't a more track orientated tyre were they?

No, not track tyres, it just seems they were exceptionally bad in the wet (they had more than enough grip in the dry). I had my car aligned and asked if they were okay and was assured they were, but to blame it on a garage is a whole other kettle of fish! Plus, the outcome is still unknown - at the end of the day they were on my car that I was driving, but I was driving properly and according to the conditions so it is a very frustrating position to be in.

How deep was the standing water on the road to cause you to aquaplane?

[Sebring440]

peugeoting said:

I recently got into an unfortunate accident where my car aquaplaned into the path of an oncoming vehicle (considered at fault by insurance). The police stated that they intend to prosecute for driving without due care as they believe it is the cause of the collision. I disagree with this as I was driving very sensibly and if I had been driving carelessly it would have been much more than a low speed impact; all four tyres simply lost grip - they were fairly old but had been sold to me as fresh and in good condition. As it’s their duty to investigate it, should I send them my account of the situation or leave it to them? My license is clean and I would struggle if I received any points, importantly, I believe it would be wrong as it doesn’t accurately represent what happened so would like to do my best to avoid an endorsement. I am a fairly new driver so sorry about the high insurance prices! I would not argue with the insurance outcome, only the initial analysis from the police.

You gave a statement to the police after the accident? This (and the evidence from the other driver, who was driving correctly on his side of the road), is what has led them to charge you. Sending them an additional, contrived version (after you've thought about trying to mitigate the situation), is not going to change anything, and indeed (as mentioned above) more likely to make things worse for you.

peugeoting said:

I recently got into an unfortunate accident where my car aquaplaned into the path of an oncoming vehicle...

That statement reminds me of Little Britain!

[Sebring440]

peugeoting said:

I was driving properly and according to the conditions.

Umm, I don't think that was the case?

And obviously the police don't think so either.

[anonymous-user]

B'stard Child said:

How deep was the standing water on the road to cause you to aquaplane?

Not very, but it’s certainly the way the car reacted. Slowed down, turned in, off it went. Nothing akin to oversteer or understeer, as I say it could have been much worse. I have (briefly) driven on 30 year old tyres that performed better! No doubt it’s a number of factors as accidents often are.

[Sebring440]

peugeoting said:

I have (briefly) driven on 30 year old tyres

Seriously, I think you should stop digging now.

Edited by Sebring440 on Thursday 7th December 21:25

[anonymous-user]

Sebring440 said:

Serioisly, I think you should stop digging now.

I drive old cars, not illegal ones. I believe the tyres underperformed because I was driving, as the law puts it, at the standard expected of a prudent motorist. Perhaps they did not and there was something else at play, it’s my view of the situation.