No police action for collision

ria_d10

Hi, 
I am seeking some information and guidance on a road traffic collision. Our 2 cars were parked in our driveway and they were both hit by someone who ran off without leaving any details. The front of one of the cars  has been scratched, while the other one has been significantly damaged (bent axle, grid smashed, etc). Fortunately my neighbour saw the car ran off and got the reg number. We reported to our insurance who are saying that they will get in touch with the drivers insurer and have already scheduled both the cars for repairs, no issues here. They also said that if the other person takes liability then I wont need to pay the excess.
On the other hand, when I talked to the police and submitted witness statements, they registered the complaint but said that the incident doesnt meet the criteria for further investigation. Am I incorrect in thinking that the other driver deserves penalty for hitting and running off ? --> (Q1)
If the other person doesnt take liability then I will need to pay excess and also my no claims discount will go away. I believe this is unfair on me because my car was parked on my driveway so I have absolutely no fault in this incident. What are my options here if i need to pursue the other person to take liability? --> (Q2)
The police have said no further action will be taken unless "further significant evidence comes to light". They are expecting me to go do an investigation and gather evidence ...for what? If i do that what will they do? Anyone have any idea or experience on this matter --> (Q3)

452

If your neighbour saw the vehicle responsible for causing the damage and the police know this and aren't interested then unless you complain then that's the end of it.

On the insurance side unless your insurance company recover their costs it will be an at fault claim on both cars. 

Have you thought about claiming directly from the third parties insurance?

MinuteNoodles

The problem is that during the current crisis the CPS decided to basically not bother prosecuting anything but the most serious cases and gave advice not to charge anyone for any but the most serious crimes.

https://www.cps.gov.uk/legal-guidance/coronavirus-interim-cps-case-review-guidance-application-public-interest-covid-19

So given that the CPS will likely not do anything about it anyway as there were no injuries I guess the police are leaving it to insurance to sort out if both parties are insured.

AdrianC

ria_d10 said:

On the other hand, when I talked to the police and submitted witness statements, they registered the complaint but said that the incident doesnt meet the criteria for further investigation. Am I incorrect in thinking that the other driver deserves penalty for hitting and running off ? --> (Q1)

Maybe. Not your decision, though.

The Police would need to gather sufficient evidence to prove beyond reasonable doubt that that person was driving in a manner below (or far below) that expected of a reasonably cautious member of the public. And then they can give a £100 fixed penalty ticket and three points. Woo.

Is that a sensible use of Police resources?

If the other person doesnt take liability then I will need to pay excess and also my no claims discount will go away.

Yep, if your insurer end up out of pocket, then that's the way it goes.

I believe this is unfair on me because my car was parked on my driveway so I have absolutely no fault in this incident.

Maybe it is. But the simple fact is that having your business this year will have cost your insurer money. That's the bit they don't like.

What are my options here if i need to pursue the other person to take liability? --> (Q2)

If the other driver says "Nope, wasn't me", then what?

Who was driving? How much time/energy/investigation is realistically going to go into proving they were, or finding who else was?

The police have said no further action will be taken unless "further significant evidence comes to light". They are expecting me to go do an investigation and gather evidence ...for what? If i do that what will they do? Anyone have any idea or experience on this matter? --> (Q3)

No, they aren't expecting you to play DIY Detective. They're just saying they've got better things to do.

Car_54

AdrianC said:

ria_d10 said:

On the other hand, when I talked to the police and submitted witness statements, they registered the complaint but said that the incident doesnt meet the criteria for further investigation. Am I incorrect in thinking that the other driver deserves penalty for hitting and running off ? --> (Q1)

Maybe. Not your decision, though.

The Police would need to gather sufficient evidence to prove beyond reasonable doubt that that person was driving in a manner below (or far below) that expected of a reasonably cautious member of the public. And then they can give a £100 fixed penalty ticket and three points. Woo.
 

But the OP isn't asking about careless driving. Failure to stop and report is a much more serious offence - court appearance and 5-10 points or a ban.

BTW I understand the police only issue COFPs for careless if they actually witness it.

TooManyPoints

 

But the OP isn't asking about careless driving. Failure to stop and report is a much more serious offence - court appearance and 5-10 points or a ban.

And, although unlikely in the extreme in this case, up to six month's custody. One of the few motoring offences which carries a custodial sentence.

452

AdrianC said:

ria_d10 said:

On the other hand, when I talked to the police and submitted witness statements, they registered the complaint but said that the incident doesnt meet the criteria for further investigation. Am I incorrect in thinking that the other driver deserves penalty for hitting and running off ? --> (Q1)

Maybe. Not your decision, though.

The Police would need to gather sufficient evidence to prove beyond reasonable doubt that that person was driving in a manner below (or far below) that expected of a reasonably cautious member of the public. And then they can give a £100 fixed penalty ticket and three points. Woo.

Is that a sensible use of Police resources?

If the other person doesnt take liability then I will need to pay excess and also my no claims discount will go away.

Yep, if your insurer end up out of pocket, then that's the way it goes.

I believe this is unfair on me because my car was parked on my driveway so I have absolutely no fault in this incident.

Maybe it is. But the simple fact is that having your business this year will have cost your insurer money. That's the bit they don't like.

What are my options here if i need to pursue the other person to take liability? --> (Q2)

If the other driver says "Nope, wasn't me", then what?

Who was driving? How much time/energy/investigation is realistically going to go into proving they were, or finding who else was?

The police have said no further action will be taken unless "further significant evidence comes to light". They are expecting me to go do an investigation and gather evidence ...for what? If i do that what will they do? Anyone have any idea or experience on this matter? --> (Q3)

No, they aren't expecting you to play DIY Detective. They're just saying they've got better things to do.

Leaving the carriageway and crashing is below the standard expected on a competent driver. Once a driver is identified what other evidence would you suggest is needed?

AdrianC

452 said:

Leaving the carriageway and crashing is below the standard expected on a competent driver.

They were avoiding a child that ran across the road, occifer.

sheramber

The fact that the accident happened on private property may have a bearing on the police decision.

Car_54

sheramber said:

The fact that the accident happened on private property may have a bearing on the police decision.

The Road Traffic Act definition of an accident is "owing to the presence of a mechanically propelled vehicle on a road". That the actual collision may have taken place a few feet from the road seems irrelevant.

nyermen

ria_d10 said:

If the other person doesnt take liability then I will need to pay excess and also my no claims discount will go away. I believe this is unfair on me because my car was parked on my driveway so I have absolutely no fault in this incident. What are my options here if i need to pursue the other person to take liability? --> 

Make sure your insurer is aware there is a witness.  As I understand it, the police may not prosecute (beyond reasonable doubt), but the insurance may be a different matter (balance of probabilties).