Could really do with some advice please please....

th3_ax3

Earlier this year sometime in July I received a letter from an insurance company saying that there had been an incident involving my car saying I had hit a parked car in a private car park of their client and the driver was looking to claim compensation for damages.
I did not remember this incident occurring at all but contacted my insurance company straight away to help with what to do. Checked my car and found a very minor scruff on the front corner and honestly think that was there when we bought the car in March. Firmly believing that I hadnt done anything and this was all a simple mixup, I asked the insurance company to find out where I was that day (i have telematic insurance) and if they can find out more.

Further to investigation, CCTV footage was provided to my insurance company from the private car park and they said they were going to settle the matter as I could be seen on cctv parking into a spot, stopping and then reversing and then parking somewhere else in the car park.:( We received this information from our insurance company in September and were told that this would count as a claim and havent heard anything from our insurance since.

Tonight two police officers came to our residence to caution me!! They said that I had committed a driving offence as they had reviewed the CCTV footage they can see there was evidence of the other car being hit but i failed to leave details or tell the police. I do not remember this incidence at all or having collided with the car because if I had thought i did, i would have stopped and left details (honestly) so even if CCTV footage shows a collision i do not think i should be charged with an offence as I genuinely did not realise I had hit the other car. Like I said I dont remember hitting any car and the stopping to reverse was probably me thinking the space was too tight (i just passed my driving test in February)

We live in Glasgow Scotland and they said this claim will be given forward to the procurator fiscal and we should wait to see what they say..

The insurance is already so high and we’re really struggling financially at the moment so this really has knocked me tonight. Dont really know who to call or do so could really do with some advice/guidance. I know the CCTV footage is not really looking good if it does indeed show me stopping whilst parking, but I genuinely dont remember hitting someone. Last thing I need is prison sentence or huge fine or points which will mean I wont be able to afford driving next year

:(:(

BoGoF

Think you have made this up. No way would the police get involved.

th3_ax3

I wish I had!! Honestly I am at a loss for words. Really dont know why police have got involved, I know that its a criminal offence to not exchange details but I have no idea why ai have been cautioned when my insurance company has already settled in September. Strange thing is they didnt leave any paperwork either so I have got no paper trail, they came took my details, confirmed it was me driving and then said youll hear from proscurator fiscal and then left. I was almost in tears and then hubby said to try posting on this website

ACG

Did they see YOU or your car?
If the car, then how can the police issue anything against you as it could have been anyone driving. It could be false plates, it could be anything.

EssexExile

I see no reason to think this is made up, I've attended trials on similar situations. Once you get some paperwork through I'd seek legal advice (I don't mean on a forum).

You won't go to prison, unless Scotland is very difference from down here.

Money_Grabber13579

Do the police normally get involved at all, if the accident took place on private land?

th3_ax3

The CCTV footage from the supermarket car park apparently (according to my insurance company and police) shows my car (with its P sign and reg plate). I have apparently been cautioned for ‘failure to stop and exchange details’

I was thinking of calling my insurance company again tomorrow and asking if I could see the CCTV footage and about how much damages they’ve paid out. Ive got legal cover as part of my insurance so would I be covered if I was to appeal to a points/fine decision by procutaor fiscal once I hear from them

sevenhills

EssexExile wrote: »

I see no reason to think this is made up, I've attended trials on similar situations. Once you get some paperwork through I'd seek legal advice (I don't mean on a forum).

You won't go to prison, unless Scotland is very difference from down here.

Shadow chancellor Ed Balls is fined £900 and given five penalty points for failing to stop after a car crash in West Yorkshire.

http://www.bbc.co.uk/news/uk-england-bradford-west-yorkshire-28658217

th3_ax3

Thing is if I knew I’d hit someone whilst parking that day and thats why I parked somewhere else, surely one would go and check either his/her car and the other person’s car to see the damage which obviously didnt happen.

Like I said, Ive had my near misses this year (even scraped my hubbys car reversing on driveway) in my first year of driving but dont remember any sound/impact that day at all in the car park. I mustve thought it was too tight that day, reversed and parked somewhere else and gone in to shop (in the process scraping this guys car apparently).

BoGoF

So why did you move your car to a different space on the night of the incident?

unholyangel

th3_ax3 wrote: »

I wish I had!! Honestly I am at a loss for words. Really dont know why police have got involved, I know that its a criminal offence to not exchange details but I have no idea why ai have been cautioned when my insurance company has already settled in September. Strange thing is they didnt leave any paperwork either so I have got no paper trail, they came took my details, confirmed it was me driving and then said youll hear from proscurator fiscal and then left. I was almost in tears and then hubby said to try posting on this website

Civil liability and criminal liability are separate.

The payout by your insurance company was to make good the repairs, not to discharge liability of the criminal offences. The bad news is that failing to stop & failing to report are separate offences.

If you really weren't aware of causing any damage then ideally you would have argued the toss before your insurers settled the claim in september.

As others have said, if/once you receive documentation through, get proper advice.