Letter from Police - Failure to stop RTA - want to know driver details

paul2foel

News to me.....

All I can think of is a few weeks ago, in a traffic queue to pull out of a junction, some teen on their phone walked right in front of the car, I had to slam on brakes, they banged the car and walked off shouting at me. Hardly a RTA because the car made no contact. I'm wondering if that teen has gone home. made more of it than it was, and parents reported it?

Worried now because the penalties for failing to report an accident are quite severe aren't they? Seems a bit off though - surely anyone can claim they were in an accident and report this?

In the first instance, should I reply with driver details? (Not 100% sure which one of us it was). Should I contact the police myself to see what its all about? (Thinking if I sit back doesn't that look like I'm guilty)

Ultimately, what can I expect to happen?

user1977

What details have they given you of where/when/what the “accident” was? I would reply anyway, even if it’s a “don’t know what you’re talking about” response. Not sure whether a failure to respond to the query is in itself an offence (even if there wasn’t an accident).

sheenas

Look you have described part of an incident that you were involved in. No point in trying to claim you
not sure who was driving, the police will simply consider it an attempt to avoid prosecution. 

You need to no comment and get full disclosure from the police. Once you understand stand the claim fully you can respond.

Was this at a junction and why would the pedestrian consider that it was safe to cross?

TadleyBaggie

Presumably you have received a S172 notice to name the driver, if so replying is not optional. Failure to name the driver carries a penalty of 6 points and a large fine (plus an endorsement code that will see your insurance rocket for years).

Keep_pedalling

You say letter, is this a notice of intended prosecution (NIP)? 

If it is then failing to name the driver will land you with a fine, 6 points on your licence, and a massive hike in your insurance premiums. 

leosayer

Speak to a lawyer if you're concerned. 

Don't pedestrians have priority at junctions?

facade

Reply naming yourself as driver since you have an idea what it is about.

Should the Police then kindly invite you to come in for a "voluntary interview" agree, but tell them that you want the Duty Solicitor.

The Solicitor will speak to you before the interview and can usually find out what it is about and advise you what to say so as not to talk yourself into trouble.

You should give way to pedestrians who are crossing a junction that you are emerging from/turning into.

At interview saying something like you braked hard because you didn't see them until they were right in front can be seen as an admission of careless driving, whereas saying that they were playing on their 'phone standing still on the path, and then they suddenly stepped out without even looking up and without any warning so you stopped and allowed them to cross would sound like you were more on the ball.

twopenny

The rule is cars give way to pedestrians who are crossing or waiting to cross.

They cannot just keep walking off the pavement into the road with no indication of their intention to cross or checking on coming traffic is not already turning.

Sounds like neither were paying attention. The driver seeing a guy distracted potentially heading into the road or the guy not aware of his surroundings.
I'd say you'd get an awareness course out of it should it be anything.

It also sounds as if this teen has spoken to people and the story has grown one sided. He thinks he'll get money out of it.
Do you have dates of the incidentd? 
Dates of report made?
How far apart?
Any damage to the car when he thumped it ?

I've narrowly missed quite a few burried in their thoughts and phones recently and there is this misconception that there is a right to cross regardless of oncoming traffic already turning.

The_Unready

What is the misconception you mention? Pedestrians have priority over car drivers when they are crossing a junction where the driver is planning to exit a minor road onto another road, or vice versa. It is the responsibility of those drivers to look out for and be aware of crossing pedestrians. This is enshrined in the Highway Code. It states:

"Take extra care at junctions. You should

• give way to pedestrians crossing or waiting to cross a road into which or from which you are turning. If they have started to cross they have priority, so give way (see Rule H2)"

If a pedestrian was so close to a car when crossing to be able to touch it then it's not unreasonable to assume that the driver was not sufficiently aware of them in the first place.

Vitor

Any dash-cam footage?

You do need to reply to a Section 172 but do not attempt to explain or give your side of the story to be 'helpful'. Failing to stop or report only becomes an offence if there was an accident and you knew or reasonably should have known it occurred and injury or damage was caused. A pedestrian storming off shouting is not strong evidence of injury.

sheramber

paul2foel said:

News to me.....

All I can think of is a few weeks ago, in a traffic queue to pull out of a junction, some teen on their phone walked right in front of the car, I had to slam on brakes, they banged the car and walked off shouting at me. Hardly a RTA because the car made no contact. I'm wondering if that teen has gone home. made more of it than it was, and parents reported it?

Worried now because the penalties for failing to report an accident are quite severe aren't they? Seems a bit off though - surely anyone can claim they were in an accident and report this?

In the first instance, should I reply with driver details? (Not 100% sure which one of us it was). Should I contact the police myself to see what its all about? (Thinking if I sit back doesn't that look like I'm guilty)

Ultimately, what can I expect to happen?

Can you be sure the cat didn’t make contact and that is why he banged on the car?