Car smashed from behind - Need advice

mishbha · 23 October 2012 at 3:55PM

Hi,

Yesterday when I was driving back after picking up my daughter from school, a car smashed into my car from behind. I was waiting at a roundabout for my way and as soon as I started to take the first exit, a car smashed into mine from the back(seems she was following me closely). It shook me and my daughter severely. I'm 3 months pregnant too. I stopped just after the exit and the lady in the other car came out apologizing. She said it was just a mistake and that I thought you have gone. A "Sorry" was not acceptable as she had damaged by bumper. She was not ready to give any of her details, so I took the photo of her car and thought I could sort it through insurance company. The lady said that she does not have any mobile phone and gave me a landline number which turned out to be a wrong one. It was my mistake that I did not call the police.
Today when I called my Insurance company, they gave me the culprit's Insurance details and asked me to call her Insurance company. I called them and gave them all the details. Later her Insurance company person called and said that our client says that they have not been involved in any such incident, so they can't help! I have sent them the pics I took, but I don't know what will happen.

Please, please, can someone help? What can I do if the other lady's insurance company refuses my claim because she has been denying any charges? Are there no rules or law to bring such people to justice? Please advise what should be my next steps. Can I take her to Small claims court?

Thank you very much.

muckybutt · 23 October 2012 at 4:19PM

If the other person has not furnished their details following an accident which is their fault they have broken the law.

It is an offence under the Road Traffic Act 1988 s170

170 Duty of driver to stop, report accident and give information or documents. E+W+S
(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—
(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or
(b)damage is caused—
(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or
(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or
(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.
(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.
(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a motor vehicle] does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—
(a)to a constable, or
(b)to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
This subsection does not apply to the driver of an invalid carriage.
(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—
(a)must do so at a police station or to a constable, and
(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F5seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.
(8)In this section “animal” means horse, cattle, !!!, mule, sheep, pig, goat or dog.

I suggest you report the other driver for starters to the police as they failed to leave correct details with you after the accident.

Get a crime ref number off the police, and should the other party still deny the incident then you can sue them in the small claims court for repair of the damage and any subsequent losses you incurr.

Buzby · 23 October 2012 at 4:27PM

It's good you had the presence of mind to take the picture. It comes as no surprise there is a denial - were there any witnesses (apart from your daughter)?

Go to your local police station, explain what happened, and the false information provided by the car that hit you - that is an offence in itself. There will be damage to her car, and you need this inspected uness you took a picture of her damage?

mishbha · 23 October 2012 at 5:02PM

Thanks muckybutt, that's a useful piece of information.

mishbha · 23 October 2012 at 5:04PM

Thanks for your advice Buzby. Unfortunately, there is no other witness to the incident. I will be going to the Police to report the incident.

Buzby wrote: »

It's good you had the presence of mind to take the picture. It comes as no surprise there is a denial - were there any witnesses (apart from your daughter)?

Go to your local police station, explain what happened, and the false information provided by the car that hit you - that is an offence in itself. There will be damage to her car, and you need this inspected uness you took a picture of her damage?

CAB_National_Representative · 23 October 2012 at 6:04PM

mishbha wrote: »

Hi,

Yesterday when I was driving back after picking up my daughter from school, a car smashed into my car from behind. I was waiting at a roundabout for my way and as soon as I started to take the first exit, a car smashed into mine from the back(seems she was following me closely). It shook me and my daughter severely. I'm 3 months pregnant too. I stopped just after the exit and the lady in the other car came out apologizing. She said it was just a mistake and that I thought you have gone. A "Sorry" was not acceptable as she had damaged by bumper. She was not ready to give any of her details, so I took the photo of her car and thought I could sort it through insurance company. The lady said that she does not have any mobile phone and gave me a landline number which turned out to be a wrong one. It was my mistake that I did not call the police.
Today when I called my Insurance company, they gave me the culprit's Insurance details and asked me to call her Insurance company. I called them and gave them all the details. Later her Insurance company person called and said that our client says that they have not been involved in any such incident, so they can't help! I have sent them the pics I took, but I don't know what will happen.

Please, please, can someone help? What can I do if the other lady's insurance company refuses my claim because she has been denying any charges? Are there no rules or law to bring such people to justice? Please advise what should be my next steps. Can I take her to Small claims court?

Thank you very much.

Hi Mishba - firstly, there is information on our Adviceguide website about traffic accidents which we'd recommend that you read. It would also be advisable to report this to the police, and as soon as possible as the accident should probably have been reported within 24 hours - and also, as others have said here, because the other driver failed to give you all the correct details. The police can also help with obtaining those details, and it is an offence not to provide the police with that information.

ILW · 23 October 2012 at 8:28PM

Get your own insurance co to deal with it.

Car smashed from behind - Need advice

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