Car insurance - phone - dashcam

donna877

I was driving home behind my work colleague (sara). Slow moving traffic, clear conditions.
Sara stopped because she bumped into the car in front. It was less than 5mph impact.
The driver of the car got out and started shouting at Sara, so I also pulled over.
Sara's car is fine, no damage. The driver's car is also fine, no visible damage. But the driver then said her boot lid had been knocked slightly out of alignment. It was very slightly out of alignment. The boot still opens and closes. They both took photos.

The driver had a dashcam (we saw the dashcam in the window) and says this filmed Sara on her phone down the whole road (it's a long road, took maybe 5 minutes to drive down). She said she was calling the police, but she seemed to change her mind.

Sara admitted she was stupid - she'd answered the phone to her sister because her sister is in supported housing and only ever rings in emergencies. After losing her husband to suicide, Sara panicks in these situations. She explained this to the driver and apologised. She accepts blame as it was her fault.

Question - if the driver reports this to the police/insurance, is it going to be dangerous driving,careless driving or just the points for using her phone?

Sara is quite shaken up, she never normally does anything like that, and now she is worried about prison (she has anxiety)

I'm not independent as we work together - would I still be a witness?

Any advice?

BoGoF

Hopefully gets maximum punishment. When are people going to learn.

What evidence as a witness do you think will help Sara?

[Deleted User]

Presumably she has already bought a hands free kit if she is so anxious and panicked about the situation or told her sister she will never answer whilst driving and will pull over in a safe place and call her back?

If she has done neither of the above she hasn't learnt her lesson and is more worried about herself than the potential to hurt / kill another road user while on the phone so I'd suggest you tell her dangerous driving and a long prison sentence is likely :eek:

If she has atoned with a hands free kit then I'd suggest you tell her the truth which is careless driving is the worst charge she could face with punishment ranging from a fixed penalty with 3 points + £100 fine through to a court awarding 9 points, £5k fine and a ban - but all that depends on whether the other driver / insurer reports it to the police and the quality of evidence available to prove that.

I wouldn't be in a rush to appease her fears unless she as done something constructive to show she won't drive whilst on the phone again.

donna877

thank you, I phoned her to let her know. Ironically she ended up getting a lift home as she was so shaken up, and has ordered a phone kit and a dash cam to be fitted this weekend. Hopefully she'll learn her lesson!!! I've told her I probably can't be witness as I know her, although I can only verify the speed, impact and lack of damage tbf

jobdone1

She is 100% at fault, she drove without due care and attention as a result of being on her phone. Just imagine that was not a car and was a child crossing the road. Put the phone in the glove box simple

sal_III

donna877 wrote: »

thank you, I phoned her to let her know. Ironically she ended up getting a lift home as she was so shaken up, and has ordered a phone kit and a dash cam to be fitted this weekend. Hopefully she'll learn her lesson!!! I've told her I probably can't be witness as I know her, although I can only verify the speed, impact and lack of damage tbf

Just because you know her doesn't disqualify you of being a witness if you were at the scene.

Putting points on her license is the way the police is attempting to control careless drivers on the road. The sob story about her sister is no mitigation, if anything it should have been an incentive to have hands free available.

You said the car in front had slightly misaligned boot - This is damage, so why do you keep claiming there was no damage?