Small bump - refused to give contact details, advice please.
Small bump - refused to give contact details, advice please.
Author
Discussion

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 2nd February 2018
quotequote all
On 12th January this year, I was sat in my legally parked car when a car passing caught my rear wheel arch, they stopped.
I asked them for their details, but the woman played the 'victim' claiming that I was threatening and bullying. In fact I wasn't, I was just politely but firmly asking for their contact details so I could get a repair estimate and pass it on. Anyway, she insisting on making this out to be something it wasn't - by now a number of witnesses and myself were stood quietly waiting for the woman to calm down. Long story short, she was insisting that she didn't need to give me details as I could contact my insurance with her reg number and they would sort it all out and it 'had to go through insurance'. I tried once again to point out that it didn't and she was legally bound to provide name, address and perhaps a phone number. In the end I wrote my details down and passed them to her.
Later I get a phone call from her boyfriend (which I recorded and told him at the start I was recording) where he implied that no accident had taken place, that I was lying when I said I had photographic evidence, that he knew where I lived and that he had £20k cash if it was a case of money. Quite an unpleasant conversation. I just kept calm and repeated that all I was after was contact details/insurance details so I could get my car fixed. She had already admitted in front of several witnesses that she was at fault. Apparently she had called him home from work in tears because she had felt 'victimised'.
The next morning I trotted off to the local police station and reported her for failure to provide details. I've been kept up to date brilliantly by Devon and Cornwall Police, and a NiP has been sent out. They have until 23rd Feb to respond apparently.

Now, the bit of advice....

I haven't reported the phone call, which the collisions unit rightly tell me is a separate incident and needs reporting separately. I was waiting to see if the insurance details were forthcoming and I could just get the car repaired and that's that. However, I have since seen their car and the damage has been repaired. They intimated they would deny any collision took place (bit stupid if you ask me, loads of witnesses) and I suspect the woman was uninsured - driving her boyfriend's works car (he works for the family firm, she doesn't). So, do I report the phone call or wait and see what happens? Will it have any bearing if I wait?

langtounlad

799 posts

201 months

Friday 2nd February 2018
quotequote all
Report.
Otherwise you are in the reactive position and relying on them to 'do the right thing'.
Also as other car has been repaired there is a risk of the 'he said, she said' scenario.
I assume that you have the contact details and statements of the witnesses that are in your favour?

zygalski

7,759 posts

175 months

Friday 2nd February 2018
quotequote all
Have you registered a claim with your insurer?
All you need is the reg & they can check MID & send allegations to the third party insurer. Ask your insurer to email the TPI rather than send allegations through the post. It helps speed things up.
Also mention the third party failing to exchange details at the scene of an accident, and the Police reference number.

Your insurer can request an engineers report for the third party vehicle to see what repairs have been done on their car.
If they claimed for repairs via their insurer, then their garage should have images.

You may end up having to pay your excess and then claim it back, either directly from the TPI or via your legal cover, if you bought it with your policy.


Edited by zygalski on Friday 2nd February 11:13

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 2nd February 2018
quotequote all
Thanks for the advice. I'll email 101 this afternoon.

The Rookie

286 posts

227 months

Friday 2nd February 2018
quotequote all
Tyre Smoke said:
a NiP has been sent out. They have until 23rd Feb to respond apparently.

Now, the bit of advice....

I haven't reported the phone call, which the collisions unit rightly tell me is a separate incident and needs reporting separately. I was waiting to see if the insurance details were forthcoming and I could just get the car repaired and that's that. However, I have since seen their car and the damage has been repaired. They intimated they would deny any collision took place (bit stupid if you ask me, loads of witnesses) and I suspect the woman was uninsured - driving her boyfriend's works car (he works for the family firm, she doesn't). So, do I report the phone call or wait and see what happens? Will it have any bearing if I wait?
For some clarity, no NIP is needed when there has been an accident, any response would be to the S172 request to name the driver as you can't respond to a Notice.

But yes I'd certainly report that phone call, it should be to the team handling the accident as well as for harrasment in my opinion as its relevant to both.

Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 2nd February 2018
quotequote all
To be honest I was quoting the text from D+C Police :

Collision on 12/01/2018 <snip> A Notice of Intended Prosecution will be sent to the other driver <snip>

OddCat

2,828 posts

201 months

Friday 2nd February 2018
quotequote all
Tyre Smoke said:
..............(her boyfriend said) that he knew where I lived and that he had £20k cash if it was a case of money...........
I read this as "I know where you live, and I have plenty of money, so i'll be more than happy to pop round and settle up the repair bill with cash"

Otherwise why is he telling you he has £20k cash ?



Tyre Smoke

Original Poster:

23,018 posts

291 months

Friday 2nd February 2018
quotequote all
I can assure you it wasn't said in that context!

It was more a case of I've plenty of money, go away you dirty little scrote.

zygalski

7,759 posts

175 months

Friday 2nd February 2018
quotequote all
If you have witness names & contact details, your insurer will contact them & send them statements to complete.
One of the tick boxes should say 'are you willing to attend court if required?'
If the witness says yes & they support your version of events, then chances are the TPI will fault the third party pretty quickly, regardless of what they say.

Sebring440

3,218 posts

126 months

Friday 2nd February 2018
quotequote all
Tyre Smoke said:
It was more a case of I've plenty of money, go away you dirty little scrote.
You didn't say he'd met you before!


hutchst

3,727 posts

126 months

Saturday 3rd February 2018
quotequote all
The Rookie said:
For some clarity, no NIP is needed when there has been an accident, any response would be to the S172 request to name the driver as you can't respond to a Notice.

But yes I'd certainly report that phone call, it should be to the team handling the accident as well as for harrasment in my opinion as its relevant to both.
Isn't failing to provide details, either at the scene or at a police station as soon as reasonable afterwards (limited to 24 hours max?) a separate offence capable of a separate prosecution? Whether that involves a NIP under the new single justice procedures is a whole other question.