Motor Accident Police Interview.
Discussion
I had a motor accident on the M3 southbound in late April of this year, it involved myself and another motor vehicle, no body was injured although I damager the back of the vehicle that I hit.
The other driver was able to continue his journey, I was at fault and admitted it at the time of the incident, the police officer at the scene said that they would be taking no further action as it was an accident and nobody else was injured or involved.
So today I have received the following email from the police officer at the scene it reads
The interview will be under caution to make it formal and based on the RTC. The driver of the other vehicle involved has now provided a statement regarding the incident. One of your rights for the interview is free, independent legal advice should you wish it. If you do please let me know and ill arrange a solicitor for tomorrow (if you can make the date). If you do not wish to have a solicitor then that is fine. I think you would probably be here for around an hour. This gives enough time for the interview, what happens next and any questions should you wish. It may be slightly longer should you wish for a solicitor.
Do I have anything to worry about or is it genuinely routine ?
Any help would be appreciated.
The other driver was able to continue his journey, I was at fault and admitted it at the time of the incident, the police officer at the scene said that they would be taking no further action as it was an accident and nobody else was injured or involved.
So today I have received the following email from the police officer at the scene it reads
The interview will be under caution to make it formal and based on the RTC. The driver of the other vehicle involved has now provided a statement regarding the incident. One of your rights for the interview is free, independent legal advice should you wish it. If you do please let me know and ill arrange a solicitor for tomorrow (if you can make the date). If you do not wish to have a solicitor then that is fine. I think you would probably be here for around an hour. This gives enough time for the interview, what happens next and any questions should you wish. It may be slightly longer should you wish for a solicitor.
Do I have anything to worry about or is it genuinely routine ?
Any help would be appreciated.
Take the nice man up on the offer of legal representation. Someone, somewhere has decided that there might be enough in this to stick someone on a charge. You could always volunteer yourself for a DWDCA, but there is no need to do so with a solicitor.
I'm generally pro-police, and law abiding with the exception of a difference of opinion around speed limits, but I wouldnt be going into an interview under caution without a nice chap in a badly fitting suit.
I'm generally pro-police, and law abiding with the exception of a difference of opinion around speed limits, but I wouldnt be going into an interview under caution without a nice chap in a badly fitting suit.
hunton69 said:
Probably be careless driving charge. Who ever causes an accident is deemed careless
Why is someone not charged at every RTA, someone must have been at the least careless/not paying attention, excluding mechanical failure unless the driver could have done something to stop it.HantsRat said:
hunton69 said:
Probably be careless driving charge. Who ever causes an accident is deemed careless
Not really. Only collisions where there is suspicious or evidence of careless driving do we follow up on. Sometimes accidents just happen.
speedking31 said:
an they not be held to that? What possible new evidence has come to light that wasn't apparent at the time?
The other driver thinking dropping the OP in it as much as possible will help with the insurance claim?OK, cynical view, but the statement from the other driver is mentioned so something in it needs following up possibly.
I had an incident. They are not "accidents"!
A trival coming together in traffic, but one that cost £700 to repair on my insurance.
12 months later (!) my insurers rang me to say, be in the small claims court on such a date.
The other driver was suing me.
After the insurer's barrister didn't turn up, the case was postponed, and the Judge asked the other company's lawyer to note that court charges already exceeded the claim (!!), but they insisted.
On the second occasion, I had the pleasure of hearing the Judge say that he "wholly preffered Mr.D's account" and that he found in my favour. ALL charges were to be paid by other man and his insurers.
Did you write anything down after your incident? I had, and my lawyer said it was invaluable, as a "contemporaneous record" has more legal weight that one recollected later.
John
A trival coming together in traffic, but one that cost £700 to repair on my insurance.
12 months later (!) my insurers rang me to say, be in the small claims court on such a date.
The other driver was suing me.
After the insurer's barrister didn't turn up, the case was postponed, and the Judge asked the other company's lawyer to note that court charges already exceeded the claim (!!), but they insisted.
On the second occasion, I had the pleasure of hearing the Judge say that he "wholly preffered Mr.D's account" and that he found in my favour. ALL charges were to be paid by other man and his insurers.
Did you write anything down after your incident? I had, and my lawyer said it was invaluable, as a "contemporaneous record" has more legal weight that one recollected later.
John
No nothing written down, the other driver after a quick fag and breath test got back in his van and drove away. I was also breath tested both results were negative and the PC involved said that they would not be taking any further action as they classed it as an accident. She also went on to say that if they tried to prosecute every RTA they would be totally snowed under and would have no time to due there duties.
Insurance have already paid out several weeks ago in my case, the other driver involved was in his companies van, find the whole thing disconcerting as it was three months ago.
The PC phoned me a couple of days after the event to check I was all ok and I thought that was the last I was going to hear of it.
Insurance have already paid out several weeks ago in my case, the other driver involved was in his companies van, find the whole thing disconcerting as it was three months ago.
The PC phoned me a couple of days after the event to check I was all ok and I thought that was the last I was going to hear of it.
I disagree, that feels too simplistic to me. The last accident that I was very nearly involved in was a set of circumstances that developed very quickly around me involving the actions of three drivers (one being me). I would be very hard put to work out who was negligent.
Yes, clearly there are many obvious 'person not concentrating' drives into someone type RTAs, but I don't think it is anything like the % you suggest.
Bert
Yes, clearly there are many obvious 'person not concentrating' drives into someone type RTAs, but I don't think it is anything like the % you suggest.
Bert
TwigtheWonderkid said:
Very rarely. Falling rocks or tree branch, mechanical failure perhaps. But 99.9% of RTAs don't just happen. Someone was negligent.
PAULJ5555 said:
hunton69 said:
Probably be careless driving charge. Who ever causes an accident is deemed careless
Why is someone not charged at every RTA, someone must have been at the least careless/not paying attention, excluding mechanical failure unless the driver could have done something to stop it.done for "not stopping short ".
Do not go without a solicitor. The Police are not your friends here and you need to be careful with what you say.
If you have a plausible explanation as to why your poor driving was not responsible, the interview will be the place to say it. If you don't have one, you're possibly on the hook for a conviction (subject to everything else being in order) and might be best taking advice on what you should and shouldn't say.
Interesting that the PC on the scene told you NFA.
If you have a plausible explanation as to why your poor driving was not responsible, the interview will be the place to say it. If you don't have one, you're possibly on the hook for a conviction (subject to everything else being in order) and might be best taking advice on what you should and shouldn't say.
Interesting that the PC on the scene told you NFA.
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