Criminal damage

Author
Discussion

chimburt

751 posts

260 months

Thursday 12th December 2002
quotequote all
what goes around comes around.
do your best through proper channels.
help it come around if that doesn't work out. she has it coming and knows it. she drives a 4x4 because she can bump it and it won't get damaged.
f*&king bitch. what the hell is it with these people?

**IJP**

286 posts

259 months

Thursday 12th December 2002
quotequote all
Ok, a little bit of knowledge is quite dangerous...

Do not be tempted to fabricate 'Oh I saw her in town' etc as mentioned, this if twigged could result in prosecution for Attempting to Pervert the Course of Justice...nasty.

If you are the only witness and you didn't actually see her cause the damage, only saw her manoevering near your vehicle, than you have a problem. Although in reality i think we can all point the finger at her being responsible for the damage, can your prove it ?
You've done the right thing reporting the matter to the police, but as suggested a little independent research may assist your insurance matter. Best to separate the Police and Insurance investigations, but keep each aware of the others actions.
A driver who fails to stop at the scene of a an accident where damage is caused to another vehicle is an offence under Sect 172 Road Traffic Act and the Road Traffic Offenders Act.
Again being realistic, there is little chance of a successful prosecution in this instance because the evidence you have at the moment is circumstantial, and this will probably negate proceedings. This doesn't however preclude an insurance claim as they may wish to settle up based on what you saw. This is the reason why (mentally at least) it is best to keep the processes separate.
This may help..

icamm

2,153 posts

261 months

Thursday 12th December 2002
quotequote all

**IJP** said:
Do not be tempted to fabricate 'Oh I saw her in town' etc as mentioned, this if twigged could result in prosecution for Attempting to Pervert the Course of Justice...nasty.
Okay, then just simply say "Someone mentioned it might be her".

If you are the only witness and you didn't actually see her cause the damage, only saw her manoevering near your vehicle, than you have a problem. Although in reality i think we can all point the finger at her being responsible for the damage, can your prove it ?
Exactly, that's why a detailed look at her car is worth doing. Including, as I said earlier, looking at the bottom towbar/valance/bumper for any signs of paint/fibreglass. If there is nothing then you are really snookered.

You've done the right thing reporting the matter to the police, but as suggested a little independent research may assist your insurance matter. Best to separate the Police and Insurance investigations, but keep each aware of the others actions.
Good point. The burden of proof is very different. Sometimes the insurance people even need less proof than the Police .

A driver who fails to stop at the scene of a an accident where damage is caused to another vehicle is an offence under Sect 172 Road Traffic Act and the Road Traffic Offenders Act.
Again being realistic, there is little chance of a successful prosecution in this instance because the evidence you have at the moment is circumstantial, and this will probably negate proceedings.
True. Plus no-one was injured etc.

This doesn't however preclude an insurance claim as they may wish to settle up based on what you saw. This is the reason why (mentally at least) it is best to keep the processes separate.
This may help..

However, if she refuses to put in an insurance claim then you can do nothing apart from try via the small claims court. Even if she is prosecuted.

Edited 'cos the company firewall doesn't always let me preview my messages.

>> Edited by icamm on Thursday 12th December 17:42

>> Edited by icamm on Thursday 12th December 17:44

GasBlaster

Original Poster:

27,427 posts

280 months

Monday 16th December 2002
quotequote all
Thanks for all the input!

I have given a statement to the cops, so will see what transpires. They seemed pretty interested in pursuing it so I am hopeful they will track down the offender.