Failing to stop - RTC
Discussion
Hi folks, I'll start with a quick description of the night...
Last Thursday night i popped out with a mate to grab a bite to eat, from KFC in cannock (encase anyone knows the area)
I went third exit off a roundabout which is the start of a dual carriageway, unfortunately as i was about to exit onto the island a van pulled out on me from the second exit (which would have been a straight on for me) so i slowed right down for him and carried on into entering the DC - as i was going over from the center of the roundabout into the left hand lane (there was no traffic around as it was ~9pm) some little scrote in a lime green resprayed punto with a matte black bonnet has straight lined the island at what must've been some speed or thought he was going to try and beat me onto the DC (why on earth he would i don't know)
anyhoo, obviously this has happened in a very short space of time and i hit him as he has now occupied a space on the left hand lane that i consider free as i hadn't seen him there, i'd class that as undertaking? this knocked my wing mirror off aswell as his, denting his wing and only leaving rubber marks on my wing.
after that he decided to sit on my bumper, literally inches away flashing his main beam - i put my hand out and signaled left to signal "pull over at the next island" as it's a retail park - i'd much rather that than stop on a DC thats renowned for chavs racing up and down!
He then pulls alongside me, and says he's going to rip my throat out - and has a car full of "chronies"
Obviously, my choice was to not pull over once I'd received this threat and to carry on...he then proceeded to go the wrong way around 3 roundabouts to try and stop me in my tracks (unfortunately a 172 will out handle and accelerate a 55s punto - for him)
after that i thought I'll see him about when he's calmed down and I'll speak to him then and sort it out / swap details.
He has reported me to the police - i was arrested this morning for failing to stop after an RTC but haven't been charged yet as they need to speak to my friend to see if he was genuinely scared of what would happened to us if we pulled over.
what's everyone's take on this, am i at fault? what would you do...
i'm fully aware i should've reported it to the police but didn't want to waste their time with something i consider menial and i could easily sort out when the lad has calmed down.
On Sunday night the lad chased me with another car full of lads in his punto and a mk2 golf all the way to another town around 7 miles away - trying to box me in all the way and sitting on my bumper - this is something else i know i should've reported but would much rather deal with myself as the police wont resolve anything - in my experience at least!
TIA - Mot
Last Thursday night i popped out with a mate to grab a bite to eat, from KFC in cannock (encase anyone knows the area)
I went third exit off a roundabout which is the start of a dual carriageway, unfortunately as i was about to exit onto the island a van pulled out on me from the second exit (which would have been a straight on for me) so i slowed right down for him and carried on into entering the DC - as i was going over from the center of the roundabout into the left hand lane (there was no traffic around as it was ~9pm) some little scrote in a lime green resprayed punto with a matte black bonnet has straight lined the island at what must've been some speed or thought he was going to try and beat me onto the DC (why on earth he would i don't know)
anyhoo, obviously this has happened in a very short space of time and i hit him as he has now occupied a space on the left hand lane that i consider free as i hadn't seen him there, i'd class that as undertaking? this knocked my wing mirror off aswell as his, denting his wing and only leaving rubber marks on my wing.
after that he decided to sit on my bumper, literally inches away flashing his main beam - i put my hand out and signaled left to signal "pull over at the next island" as it's a retail park - i'd much rather that than stop on a DC thats renowned for chavs racing up and down!
He then pulls alongside me, and says he's going to rip my throat out - and has a car full of "chronies"
Obviously, my choice was to not pull over once I'd received this threat and to carry on...he then proceeded to go the wrong way around 3 roundabouts to try and stop me in my tracks (unfortunately a 172 will out handle and accelerate a 55s punto - for him)
after that i thought I'll see him about when he's calmed down and I'll speak to him then and sort it out / swap details.
He has reported me to the police - i was arrested this morning for failing to stop after an RTC but haven't been charged yet as they need to speak to my friend to see if he was genuinely scared of what would happened to us if we pulled over.
what's everyone's take on this, am i at fault? what would you do...
i'm fully aware i should've reported it to the police but didn't want to waste their time with something i consider menial and i could easily sort out when the lad has calmed down.
On Sunday night the lad chased me with another car full of lads in his punto and a mk2 golf all the way to another town around 7 miles away - trying to box me in all the way and sitting on my bumper - this is something else i know i should've reported but would much rather deal with myself as the police wont resolve anything - in my experience at least!
TIA - Mot
Edited by Mr Mot on Tuesday 4th December 12:59
You have not complied with obligations under the Road Traffic act regarding exchanging details. You also have not reported the incident within 24 hours. He has.
Regardless of the circs at the time of the incident, he is right in informing the police and you stand to receive a summons for failing to stop and report a collision!
Regardless of the circs at the time of the incident, he is right in informing the police and you stand to receive a summons for failing to stop and report a collision!
I know it often feels as though you are being victimised but you have certainly gone about it the wrong way.
Inform your insurance of whats gone on, be honest with plod and let them deal with it. You would probably find that when you did pull over his mouth wouldn't have been so big and his mates would have just sat in the car being quiet.
At worst you would have had a bit of a beating. You could have sued him for assult then!
Mart
also, I know the area quite well, full of racing chavs who don't like beign beaten!
Inform your insurance of whats gone on, be honest with plod and let them deal with it. You would probably find that when you did pull over his mouth wouldn't have been so big and his mates would have just sat in the car being quiet.
At worst you would have had a bit of a beating. You could have sued him for assult then!
Mart
also, I know the area quite well, full of racing chavs who don't like beign beaten!
FiveStar said:
Did you contact your insurance company before you got arrested?
no, i didnt - i realise i'm a fool for this..i just presumed i may be able to talk to him like an adult (if he can converse at that level) and sort it that way..
obviously I'm guilty of not stopping and not reporting the incident - if i receive a summons for this, what is likely to happen, is it endorsable? the police seemed fairly understanding of my position and said they may not charge me - pending more statements.
Mr Mot said:
if i receive a summons for this, what is likely to happen, is it endorsable?
Upon conviction, I'm afraid so.. Suggested penalty - 5 to 10 points OR disqualification, maximum fine £5,000.Whilst a genuine fear of retaliation is not a defence to a charge of failing to stop / report, it can be a mitigating factor..
cheers SS2 - let's hope mitigation saves me then, at 5 to 10 points i'd be scuppered even at the lower end of the scale!
The other party obviously has the upper hand but has still left it more than 24hours before reporting it, will he be arrested for that?
The other party obviously has the upper hand but has still left it more than 24hours before reporting it, will he be arrested for that?
Edited by Mr Mot on Tuesday 4th December 13:35
SS2. said:
Mr Mot said:
if i receive a summons for this, what is likely to happen, is it endorsable?
Upon conviction, I'm afraid so.. Suggested penalty - 5 to 10 points OR disqualification, maximum fine £5,000.Whilst a genuine fear of retaliation is not a defence to a charge of failing to stop / report, it can be a mitigating factor..
undertaking on a roundabout is legal so chav was doing nothing wrong before the incident according to that descripton.
pet hate of mine is people who change lanes on roundabouts & never check mirrors/blindspots. always happens on one roundabout near here as they are all two dumb to workout how to drive around it.
ETA: bloody thing i couldnt get back to add this.
should have reported it to the plod then you'd be safe. i'd suspect if you plead etc & report the other incidents (hopefully with witnesses) then you'll just get a warning.
pet hate of mine is people who change lanes on roundabouts & never check mirrors/blindspots. always happens on one roundabout near here as they are all two dumb to workout how to drive around it.
ETA: bloody thing i couldnt get back to add this.
should have reported it to the plod then you'd be safe. i'd suspect if you plead etc & report the other incidents (hopefully with witnesses) then you'll just get a warning.
Edited by Hooli on Tuesday 4th December 16:20
No no...i wasn't switching lane - i was merely going from the inside of the island as you do when taking the third exit, entering the left hand lane of the dual carriageway, I'd consider myself an experienced, confident and careful driver...i most definitely know how to handle a roundabout.
The other party was trying to beat me into the left hand lane, he'd come straight over...i had to make the switch from the roundabout to the left hand lane of the DC, hopefully you can picture that?
The police are currently deciding whether to prosecute me, they have to interview my witness and the one that was with the other party doesn't seem to be much use, most of his responses in his statement were "dunno"
i think they understand my reason for not stopping is that i feared for mine and my friends safety - it's just the failing to report it :\ *kicks self once again*
Mot
The other party was trying to beat me into the left hand lane, he'd come straight over...i had to make the switch from the roundabout to the left hand lane of the DC, hopefully you can picture that?
The police are currently deciding whether to prosecute me, they have to interview my witness and the one that was with the other party doesn't seem to be much use, most of his responses in his statement were "dunno"
i think they understand my reason for not stopping is that i feared for mine and my friends safety - it's just the failing to report it :\ *kicks self once again*
Mot
Edited by Mr Mot on Tuesday 4th December 16:32
FishFace said:
will_ said:
SS2. said:
Mr Mot said:
if i receive a summons for this, what is likely to happen, is it endorsable?
Upon conviction, I'm afraid so.. Suggested penalty - 5 to 10 points OR disqualification, maximum fine £5,000.Whilst a genuine fear of retaliation is not a defence to a charge of failing to stop / report, it can be a mitigating factor..
will_ said:
FishFace said:
will_ said:
SS2. said:
Mr Mot said:
if i receive a summons for this, what is likely to happen, is it endorsable?
Upon conviction, I'm afraid so.. Suggested penalty - 5 to 10 points OR disqualification, maximum fine £5,000.Whilst a genuine fear of retaliation is not a defence to a charge of failing to stop / report, it can be a mitigating factor..
with the failing to report, i seriously wasn't aware how serious it was not to report it...i know lots of law abiding people that have had collisions and not reported them to the police, just swapped insurance details, which is what i intended to do in this case.
Mr Mot said:
No no...i wasn't switching lane - i was merely going from the inside of the island as you do when taking the third exit, entering the left hand lane of the dual carriageway, I'd consider myself an experienced, confident and careful driver...i most definitely know how to handle a roundabout.
The other party was trying to beat me into the left hand lane, he'd come straight over...i had to make the switch from the roundabout to the left hand lane of the DC, hopefully you can picture that?
The police are currently deciding whether to prosecute me, they have to interview my witness and the one that was with the other party doesn't seem to be much use, most of his responses in his statement were "dunno"
i think they understand my reason for not stopping is that i feared for mine and my friends safety - it's just the failing to report it :\ *kicks self once again*
Mot
yes thats what i thought you ment the first time. as i understand it you can exit a roundabout into the righthand lane of a dual carriageway so effectivly you were changing lanes.The other party was trying to beat me into the left hand lane, he'd come straight over...i had to make the switch from the roundabout to the left hand lane of the DC, hopefully you can picture that?
The police are currently deciding whether to prosecute me, they have to interview my witness and the one that was with the other party doesn't seem to be much use, most of his responses in his statement were "dunno"
i think they understand my reason for not stopping is that i feared for mine and my friends safety - it's just the failing to report it :\ *kicks self once again*
Mot
Edited by Mr Mot on Tuesday 4th December 16:32
probably worth checking up on it. i wont say im definatly right & that your wrong but IF i am then you stating the wrong thing when explaining the incident isnt going to help the impression you form is it?
I think you are in deep unfortunately.
In between the lines it also seems as if you were actually racing on the highway.
I think you need to reconsider wether you are as considerate a driver as you think you are. You say you saw him coming and yet you both still collided. Even if you have the right of way and the moral high ground if you suspect someone is taking a particular course of action wether they are right or wrong you should still try to avoid a collision.
I get the impression that you yourself seem to enjoy cruising the carriageways looking for other cars to race with.
In between the lines it also seems as if you were actually racing on the highway.
I think you need to reconsider wether you are as considerate a driver as you think you are. You say you saw him coming and yet you both still collided. Even if you have the right of way and the moral high ground if you suspect someone is taking a particular course of action wether they are right or wrong you should still try to avoid a collision.
I get the impression that you yourself seem to enjoy cruising the carriageways looking for other cars to race with.
Mr Mot said:
It's relatively hard to explain in a way that everyone understands it correctly - the way i see it was that he was undertaking and that is illegal as he wasn't on a roundabout - i wasnt lashing out at you btw mate.
no problem, i just wanted to make sure it didnt sound like i was having a go in my first post.best of luck with it but it doesnt sound too good so far. i think not reporting it is going to look bad against you & taint anything else you say to explain it.
Mark ! Mark!
The OP actually states he DID'NT see the other car.
Also can this not be classed as driving down the outside lane then pulling in wether a space is available or not? (truck driver thread)
Hasn't your driving been brought into question before?
Racing on the carriageway? come come now, surely not.
No offence aimed or intended.
Tongue planted firmly in cheek!!
Fy
The OP actually states he DID'NT see the other car.
Also can this not be classed as driving down the outside lane then pulling in wether a space is available or not? (truck driver thread)
Hasn't your driving been brought into question before?
Racing on the carriageway? come come now, surely not.
No offence aimed or intended.
Tongue planted firmly in cheek!!
Fy
flyinyam said:
Mark ! Mark!
The OP actually states he DID'NT see the other car.
Also can this not be classed as driving down the outside lane then pulling in wether a space is available or not? (truck driver thread)
Hasn't your driving been brought into question before?
Racing on the carriageway? come come now, surely not.
No offence aimed or intended.
Tongue planted firmly in cheek!!
Fy
I am afraid when I posted the above I did have my fingers firmly crossed as I was extremely concerned I may have got the wrong impression and therefore made a tit of myself . . If I have then I apologise.The OP actually states he DID'NT see the other car.
Also can this not be classed as driving down the outside lane then pulling in wether a space is available or not? (truck driver thread)
Hasn't your driving been brought into question before?
Racing on the carriageway? come come now, surely not.
No offence aimed or intended.
Tongue planted firmly in cheek!!
Fy
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff