motoring accident

scousedave

After some advice pls.
A relation of mine hit a car that was broken down last week on a lit dual carriageway. She tried to get past and clipped the wing mirror on both cars. This occurred in at night time approx. 19.15 pm.
I believe that she has a case for obstruction,,,pls note that the police were not informed at all prior to my relation advising of what had occurred.
Can anyone pls advise...thank you

maninthestreet

Your relation hit a stationary object with their car - they cannot blame anyone else but themselves for that.

lincroft1710

Even if the road was obstructed your relative should have exercised due care and attention when passing the stationary vehicle. Her fault.

Was any actual damage done to the door mirrors?

Quentin

She committed an offence by not reporting this to the police.

If she has now been traced then she can expect to be held liable for causing the damage.

easy

so the only damage was wing mirrors ?

In that case settle up with the other car's owner directly, pay for the replacement of their mirror (and yes, it will seem like a lot of money just for a wing mirror) and learn from the experience.

I don't see there was any need to inform the police in a case like this, they're busy guys you know.


And never mind about "a case for obstruction" How would your relation have felt if it was HER car that had broken down, and some pr@tt had damaged it while she was trying to sort out getting it fixed/shifted ??

EDITED TO ADD : When you said police weren't informed, I assume your relly had stopped and given her details to the owner of the other car?
If she just drove on, then shame on her ... and she deserves to be charged with leaving the scene of an accident

tykesi

Surely the clue is in your post? Dual carriageway – that is a road with two lanes in each direction. If something was blocking the inside lane there is a whole other lane next to it your relative could have used. If she decided to use it but left it too late to avoid the obstruction then that is entirely her fault. If the carriage way was lit and we assume the broken down vehicle had it’s hazard lights on, how on earth did she not see it in time in the first place?

Unless I’m missing something (the OP doesn’t really tell us much about the situation or what happened immediately before or after) then there is nobody to blame but your relative. If she has caused damage to another person’s vehicle she needs to arrange for that to be paid for either from her own pocket or through her insurance. She did stop and leave her details didn’t she?

scousedave

Im looking purely from a legal point of view....the car was abandoned on a public highway as I see it

Quentin

What are you looking for?

An excuse to say it's ok to hit and run.?

lincroft1710

scousedave wrote: »

Im looking purely from a legal point of view....the car was abandoned on a public highway as I see it

Which is what people do when they park a car in the street!

Maybe the driver didn't have a working mobile and had to walk to get help.

The fact remains as has been said several times, your relative was at fault.

easy

OP, why are you asking the question?

Did your relative drive away, and has now been contacted by the police?
Did your relative drive away, but is now worrying in case she is contacted by the police?
Did your relative stop, but is now miffed about what the repair will cost / subsequent rise in her insurance?

Or is she going to try to get the cost of her own mirror repair from the other driver (in which case she's going to be disappointed).

colino

So if a car breaks down it's fair game for the myopic to treat it as a bumper car then?