Failure to stop / leaving the scene
Discussion
A bus hit my car yesterday. Before the driver even got out he said "I couldn't have hit you, there is no mark on my bus". Except there was. A big one.
We were blocking the road so I suggested pulling to one side. We were near a junction and the driver said "I will pull round the corner".
Except, he forgot to actually stop round the corner so when I got there all I could see was the back of his bus vanishing over the horizon.
I called plod on 101, I've got his reg and I've a dashcam. So he cannot actually get away. I can only assume it wasn't "convenient" for him to stop at that time.
My question - if he now calls plod and provides his details, does this negate the not stopping? Or the fact that he left the scene without providing details an offence as soon as he leaves?
We were blocking the road so I suggested pulling to one side. We were near a junction and the driver said "I will pull round the corner".
Except, he forgot to actually stop round the corner so when I got there all I could see was the back of his bus vanishing over the horizon.
I called plod on 101, I've got his reg and I've a dashcam. So he cannot actually get away. I can only assume it wasn't "convenient" for him to stop at that time.
My question - if he now calls plod and provides his details, does this negate the not stopping? Or the fact that he left the scene without providing details an offence as soon as he leaves?
What are you actually trying to achieve?
Prosecution for failing to stop, or having the police facilitate an insurance claim?
Because you don't need the latter, you have what you need.
Whether the former is worth bothering with depends on prevailing police attitude to the offence when only light vehicular damage rather than, say, serious injury to a person. I don't know but I suspect they won't be especially interested.
Prosecution for failing to stop, or having the police facilitate an insurance claim?
Because you don't need the latter, you have what you need.
Whether the former is worth bothering with depends on prevailing police attitude to the offence when only light vehicular damage rather than, say, serious injury to a person. I don't know but I suspect they won't be especially interested.
I had similar once.
Was waiting to turn right at traffic lights and a bus turned left only for it's tail swing to take off my wing mirror.
Bus refused to stop. Had to chase it to it's next stop and block it from leaving. Driver denied everything even when I showed him the scratches on the bus. All he seemed to care about was "the end of his safe driving bonus" - this was a couple of weeks before Christmas many years ago, and long before buses were festooned with cameras... I got nowhere with it. The bus company backed their driver, surprisingly enough.
Was waiting to turn right at traffic lights and a bus turned left only for it's tail swing to take off my wing mirror.
Bus refused to stop. Had to chase it to it's next stop and block it from leaving. Driver denied everything even when I showed him the scratches on the bus. All he seemed to care about was "the end of his safe driving bonus" - this was a couple of weeks before Christmas many years ago, and long before buses were festooned with cameras... I got nowhere with it. The bus company backed their driver, surprisingly enough.
Zio Di Roma said:
FiF said:
Errrm, caveat, aiui the offence is complete if he also fails to report it to the police as soon as possible after the incident and definitely within 24 hours.
Does that mean that he IS off the hook if he subsequently reports it?We don't know if the bus driver got out and surveyed the damage. Not defending the driving off but the accusation of not stopping is all a bit marginal.
I reckon if he does report it within 24 hours there will be a decision no further action assuming there was no disgracefully bad driving to cause the collision, injury or whatever. Left to to insurance to sort out.
Let's say he does report it, is it in the public interest to prosecute for not stopping? Maybe, it would depend on the driver having an appalling record, at which point perhaps he shouldn't be driving a bus.
dxg said:
I had similar once.
Was waiting to turn right at traffic lights and a bus turned left only for it's tail swing to take off my wing mirror.
Bus refused to stop. Had to chase it to it's next stop and block it from leaving. Driver denied everything even when I showed him the scratches on the bus. All he seemed to care about was "the end of his safe driving bonus" - this was a couple of weeks before Christmas many years ago, and long before buses were festooned with cameras... I got nowhere with it. The bus company backed their driver, surprisingly enough.
Sorry to hear that. But having had some previous experience of bus drivers I've encountered the selfish disregard for everyone else on a few occasions. This is the first time one has actually damaged my car though.Was waiting to turn right at traffic lights and a bus turned left only for it's tail swing to take off my wing mirror.
Bus refused to stop. Had to chase it to it's next stop and block it from leaving. Driver denied everything even when I showed him the scratches on the bus. All he seemed to care about was "the end of his safe driving bonus" - this was a couple of weeks before Christmas many years ago, and long before buses were festooned with cameras... I got nowhere with it. The bus company backed their driver, surprisingly enough.
FiF said:
Errrm, caveat, aiui the offence is complete if he also fails to report it to the police as soon as possible after the incident and definitely within 24 hours.
There's no definitely about the 24 hrs, seen 3 days without issue.Also, without physical injuries police will not care one but. You'll fight for a crime number just to satisfy your insurance company.
On the question of wanting to see someone prosecuted a Derek Smith style tale. A lady had her car written off at a roundabout by an appalling piece of driving by driver of an artic. Her car was pushed up against the wall surrounding the island, and crushed. She had no injuries but obviously shaken.
The lorry driver did not stop, just carried on, an off duty fireman witness chased the truck and eventually managed to stop him about a mile away. Driver was arrested and charged.
Did not answer court summons, never appeared, he just buggered off back to Eire as soon as released and stayed there.
The lorry driver did not stop, just carried on, an off duty fireman witness chased the truck and eventually managed to stop him about a mile away. Driver was arrested and charged.
Did not answer court summons, never appeared, he just buggered off back to Eire as soon as released and stayed there.
Evanivitch said:
There's no definitely about the 24 hrs, seen 3 days without issue.
Also, without physical injuries police will not care one but. You'll fight for a crime number just to satisfy your insurance company.
Law is 24 hours.Also, without physical injuries police will not care one but. You'll fight for a crime number just to satisfy your insurance company.
https://www.legislation.gov.uk/ukpga/1988/52/secti...
But I agree with your last bit.
trashbat said:
Read the line above. No one is going to the police station or speaking to a constable. It'll be a non-emergency call centre operator at best.
My partner spent 18 months pursuing a car park hit and run, followed by an illegal turn, and police did not care, insurance were prepared to settle without chasing costs (despite independent witness) and my partner had to pursue til the week before small claims before they guilty party finally admitted fault.
We spent way, way more time and effort than we would have paid just to get bumper fixed. Lesson learnt.
Evanivitch said:
Read the line above.
No one is going to the police station or speaking to a constable. It'll be a non-emergency call centre operator at best.
Yes, but it would be a perverse reading of the law where that didn't practically fulfil the obligation.No one is going to the police station or speaking to a constable. It'll be a non-emergency call centre operator at best.
Various police force websites have a reporting tool. The 24 hour requirement remains.
My Son was still done a few years ago when he went home after having a "no-one-else" accident.
As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
E-bmw said:
My Son was still done a few years ago when he went home after having a "no-one-else" accident.
As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
They got the prosecution for failure to report? Was he okay WRT the the breath test?As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
E-bmw said:
My Son was still done a few years ago when he went home after having a "no-one-else" accident.
As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
He shouldn’t have got out of bed.As it was the early hours & his local PS was un-manned at night he went to bed with the intention of going in to see them on his way to work the next morning.
Alas the "roving" local rozzers came across the car & got him out of bed, breath tested him and did him for failing to report, at the time they got him up it was about 3 hours afterwards.
Sorry OP, just to add one more comment.
My last post ended with "Let's say he does report it..."
Need to add the alternative scenario.
Let's say he doesn't report it, then please make a complaint to both police and bus company. Try and nail him and them. They need to be brought to account, not above the law, no more I'm big, you're small, therefore I'm right and you're wrong. Hold that grudge by all means, only you can decide the point at which expending the actual physical and emotional energy gets to be excessive, each person will differ.
Will confess there have been occasions where I've been wronged and have just taken the view you know what I'm going to move on. Sometimes karma wins through, yes Bradford and Bingley Building society, you went bust, inefficient goons.
My last post ended with "Let's say he does report it..."
Need to add the alternative scenario.
Let's say he doesn't report it, then please make a complaint to both police and bus company. Try and nail him and them. They need to be brought to account, not above the law, no more I'm big, you're small, therefore I'm right and you're wrong. Hold that grudge by all means, only you can decide the point at which expending the actual physical and emotional energy gets to be excessive, each person will differ.
Will confess there have been occasions where I've been wronged and have just taken the view you know what I'm going to move on. Sometimes karma wins through, yes Bradford and Bingley Building society, you went bust, inefficient goons.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff