Hit & Run my parked car. One independent witness. Best way to deal.

AdrianC

TonyMMM wrote: »

Two independent witnesses is plenty to take case to court - but that doesn't mean a prosecution would follow - although it could.

I wasn't thinking of a prosecution in a criminal court, but simply deciding the financial liability. For a bent door, it'd just be a small claim.

Silver-Surfer_2

AdrianC wrote: »

I wasn't thinking of a prosecution in a criminal court, but simply deciding the financial liability. For a bent door, it'd just be a small claim.

For which the burden of proof is less.

TonyMMM

dimension7 wrote: »

Since I am not a first hand witness to the collision my only source of information is the actual witness and the subsequent pictures I have of both cars.

Not relevant to any proceedings or reporting. You are involved in the incident through being the owner of the vehicle and you have two first hand witnesses who presumably will make a statement and give evidence if required.

dimension7 wrote: »

I visited the police today and they did not sound very helpful. They said even if they interview the witness I won't have any access to the statement for small claims or insurance purposes?? They have given me a detailed 8-page form to fill and return.

Fill out the form as requested - they will give you the other parties details whether they decide to prosecute or not. You don't need access to any statement they may or may not make.

For all you know the other driver may have reported the accident already.

Silver-Surfer_2

TonyMMM wrote: »

Not relevant to any proceedings or reporting. You are involved in the incident through being the owner of the vehicle and you have two first hand witnesses who presumably will make a statement and give evidence if required.




Fill out the form as requested - they will give you the other parties details whether they decide to prosecute or not. You don't need access to any statement they may or may not make.

For all you know the other driver may have reported the accident already.

Unlikely and if they have the police aren't aware of it yet.

Unless he reported it in another area or don't know the road in which it happened.

TonyMMM

Silver-Surfer wrote: »

Unlikely and if they have the police aren't aware of it yet.

Unless he reported it in another area or don't know the road in which it happened.

It is unlikely - but not impossible, and he could still do so especially if someone lets him know the incident was witnessed.

AdrianC

Silver-Surfer wrote: »

For which the burden of proof is less.

Absolutely. Balance of probabilities rather than beyond reasonable doubt.

It still ain't gonna happen, though.

dimension7

I will need some factual information on how to proceed. I have filed a police complaint, I will complete the form they gave me and have the claim no/docket no in a day or two.

I have pictures of both vehicles showing damage.
I have a witness, two if husband and wife both agree to stand witness.

Now if I were to go the third-party claim directly route:
1. How do I instruct my insurer to wait until I hear back from TP. Because I don't wish to pay the excess.
2. What detail I give the third party insurer?
3. How do I ensure the TP uses a reputable garage to fix the damage, if they admit liability.
4. If the TP refuses to admit liability can I then go back to my insurer and ask them to continue the claim process on my behalf?
5. Will I need a lawyer?

Hermione_Granger

Silver-Surfer wrote: »

You only get a crime number for a recordable crime. There hasn't been one committed.

Hit and run is recordable unless you think that it isn't an offence.

TonyMMM

Hermione_Granger wrote: »

Hit and run is recordable unless you think that it isn't an offence.

No it isn't -

The offence is "failing to stop and/or report an accident" under s170 of the Road Traffic Act 1988 - it isn't recordable or reportable, although still a criminal conviction.

dimension7

Guys can we stop debating the crime number or not. I have a police ref no from the self reporting form they have given me and entered into their systems with all my and other party details. Thanks.