Letter from police after minor car accident

JH6568

Advice please - my son was involved in a car accident a few days ago. He was driving along a residential street when another car reversed out of its driveway and hit my son’s car. There was a large car parked by the driveway which would have obscured views. My son and the other driver exchanged details for insurance purposes. Now, 3 days later my son has received a letter from the police and a form to be completed. The letter states that he’s been accused of driving without due care and attention! He is in complete shock! There were no witnesses to the incident. My son informed his insurance company of the accident. Should he be worried? We didn’t think such a minor accident needed to be reported to the police. The other driver is clearly trying to shift the blame but without a witness how can they make this accusation? Any wise words would be most welcome.

DoaM

Where were the points of impact on the two vehicles? (Knowing this may explain whether the other party really has any scope to try and shift blame).

As to the form ... your son completes what it asks for in complete honesty. Make it clear that the other party reversed onto the highway without making sure their way was clear.

But ... Is it actually in relation to that incident, or is it a S172 notice to identify the driver in respect of something else? (It might just be a coincidence of timing).

JH6568

It is a S172 but the location and time are exactly that of the accident.
The form asks for details of the accident so we can only assume it is in relation to the accident.
My son’s car suffered very minor damage to the driver side wheel arch as he was driving at a slow speed and attempted to veer out of the way of the reversing car, the other car had damage to the rear wing.

Shaun_of_the_Dead

I can't see how the other party could shift blame. Either they saw the OP's son or they didn't.

If they didn't see him it's arguable careless, if they allege he was going too fast then why did they reverse?

I'd me more concerned about insurance liability for a young driver.

Shaun_of_the_Dead

JH6568 wrote: »

It is a S172 but the location and time are exactly that of the accident.
The form asks for details of the accident so we can only assume it is in relation to the accident.
My son’s car suffered very minor damage to the driver side wheel arch as he was driving at a slow speed and attempted to veer out of the way of the reversing car, the other car had damage to the rear wing.

No doubt they're going to allege they were stationary when your son hit them.

Just reply to the 172 with driver details and wait.

waamo

They likelihood is they've sent one to both parties "just in case". If your sons version of events is correct it will probably result in no further action.

foxy-stoat

I do not believe an individual can accuse another individual of driving with undue care and attention, if a police person saw what happened or had evidence then maybe they could.

If your son stopped at the time and gave his details that is all his legal obligations completed.

I would call up the your local police station just to confirm that it is genuine before replying.

If the third party reversed out of their drive onto a main road then they have breached the guidance of rule 201 of the Highway Code so THEY should be accused of driving with undue care.

Car_54

foxy-stoat wrote: »

I do not believe an individual can accuse another individual of driving with undue care and attention, if a police person saw what happened or had evidence then maybe they could.

If your son stopped at the time and gave his details that is all his legal obligations completed.

There's nothing to stop anyone making such an allegation.


He has a legal obligation to respond to the s.172 request. Failure has dire consequences.

JH6568

Thanks all. He will respond to the request. It just seems quite unbelievable that someone can accuse another of this - it really is one word against the other. I guess we could have/should be reporting the other driver for the exact same thing. The other driver clearly knows that reversing into a road from a driveway will make them blameworthy so are attempting underhand methods to pass the buck! ��

BoGoF

Insurance is also one word against another.......expect 50/50 on that front.

poppasmurf_bewdley

I had exactly the same thing a few months ago, when a lorry tried to push it's way into my lane in slow moving traffic, and collided with the rear of my car causing about £300 of damage.

I reported the incident to the police by phone, and was shocked to receive a similar notice a few days later.

Fortunately for me the whole incident was caught on my dashcam, and I sent a copy of the video to the police with my statement. I then received a letter stating that no further action was being taken against either party.

It appears that the police send these notices out as a formality. It is no wonder that they are overworked, as dealing with just my single incident must have taken up several police hours sending two letters to me (and presumably the lorry driver as well).

All totally unnecessary work on their behalf, all for nothing.