Failing to Stop - Car Damage

[219]

No one is questioning that, but unless someone is injured, it's very likely the police will not do anything.
A witness told a mate of mine that a car had hit his in a car park and gave us the registration number. He went straight down to the police station and they told him the car park was not a public road so nothing to do with them. That's the point.

Russ

Actually , if the car park is publicly accessible then the Road Traffic Act applies and the police are obliged to act . In these cash strapped times they sometimes try to evade their responsibilities .

This scenario occurred a number of years ago when my sister witnessed a car reverse into another in a supermarket car park , causing damage , before driving off . She went straight round to the police station and reported what she had seen with details of both cars . Initially the desk officer said that her statement on its own was insufficient , until she mentioned that our mother was with her and also saw everything . With two corroborating witness statements , sufficient for a conviction in court , they went round to the registered address of the offending car , noted damage consistent with the report , and informed the driver they would be charged if they didn't own up .

The result was that the owner of the damaged car was paid in full and my sister got a nice bunch of flowers from the grateful owner of the damaged car .

 

[rf065]

Actually , if the car park is publicly accessible then the Road Traffic Act applies and the police are obliged to act . In these cash strapped times they sometimes try to evade their responsibilities. /QUOTE]

Agreed, but they can be even more evasive than the guy who hit the car in the first place.

Russ

 

[219]

A small claims action will only allow the court to make a financial decision in favour of one party or the other and won't lead to anybody being convicted of anything.

They still have the power to refer the matter to a higher court for sentencing
- depends on the mood of the magistrate on the day .

 

[Deleted member 6183]

They still have the power to refer the matter to a higher court for sentencing
- depends on the mood of the magistrate on the day .

What magistrate?

 

[Scott_F]

They still have the power to refer the matter to a higher court for sentencing
- depends on the mood of the magistrate on the day .

There is no sentence and no magistrate - it's a civil matter and it can't therefore suddenly become a criminal one without due legal process and appropriate representation.

 

[ph47mf]

It gets my blood boiling every time I read stuff like this.

My dad had his car nicely parked up. When he returned it was smashed to pieces from behind. Police left a note to say we should contact them for details. We did that and it turns out the guy didn't have any insurance. The car was written off and we had to claim it off his own insurance company.

Another time, my father-in-law this time, parked his car in a supermarket car park, returned to find his rear bumper on the floor! No note, no CCTV, another claim off own insurance company. So frustrating!

 

[Bonecho]

It's a tough decision. If you decide to pay for it yourself but have mentioned the damage to your insurance company your premium will still go up for the next few years.

When you go for a new quote next year I am sure one of the questions asked is have you had any accidents/ incidents whether claimed or not. By saying no you will have made a false statement so could void your new cover, saying that I think that is what I would do

 

[bolide]

Get his address, get a quote, get a written statement from the witness. Send him a letter enclosing quote asking for payment within 10 days. If he doesn't pay start a Moneyclaim online

Nick Froome

 

[219]

There is no sentence and no magistrate - it's a civil matter and it can't therefore suddenly become a criminal one without due legal process and appropriate representation.

Small claims hereabouts are normally presided over by a magistrate or JP , and if they do uncover evidence of criminal wrongdoing they can submit a report to the Fiscal who can initiate proceedings , which go to the Sheriff court .

 

[Deleted member 6183]

Small claims hereabouts are normally presided over by a magistrate or JP , and if they do uncover evidence of criminal wrongdoing they can submit a report to the Fiscal who can initiate proceedings , which go to the Sheriff court .

The OP is in London.

 

[Rashman]

It would be completely wrong to get number plates made up with his car's registration on, then speed past a few cameras to get him fined, and hopefully banned from totting up the points.

Completely wrong.

So I wouldn't suggest doing that at all.

lol!

Properly funny

 

[219]

The OP is in London.

His misfortune to be subject to an inferior legal system .

 

[Deleted member 6183]

His misfortune to be subject to an inferior legal system .

Inferior in many ways.

 

[vabenzi]

Filled in posted the dvla form... Hopefully hear back soon.. Will keep this thread updated

Going down the dvla route and contact him privately if no luck will make a decision... Insurance to stick it to him or just get it done privately and just chalk it up to one of those things

 

[DSB SL AMG]

When you get the address this vvvvv

get a quote, get a written statement from the witness. Send him a letter enclosing quote asking for payment within 10 days. If he doesn't pay start a Moneyclaim online

https://www.moneyclaim.gov.uk/web/mcol/welcome

Nick Froome

 

[Alex225]

I have made a couple of claims from my insurance which were reclaimed with no impact on my insurance cost the following year.

Both incidents were not my fault and had witnesses but because I claimed back all costs it didn't impact on my insurance. Admittedly the last time I had to claim was about 2009 but it wasn't as painful a process as I expected.

Hope you get it resolved either way OP

 

[lisa110rry]

What about going through a Claims Management company? They will recoup their costs through the miscreant who hit your car, you will not have made a claim on your insurance and your premium will not increase.

Here's an example: https://www.visionvehicles.co.uk/faq.aspx

 

[W124newbie]

Was any paint left on your car from the offending car? Hopefully once you get the owner details and contact him/her, they'll fess up and pay for the damage. I doubt they'll want to go down the insurance route and bump up their premiums.

 

[Delayed Steve]

I have made a couple of claims from my insurance which were reclaimed with no impact on my insurance cost the following year.

Both incidents were not my fault and had witnesses but because I claimed back all costs it didn't impact on my insurance. Admittedly the last time I had to claim was about 2009 but it wasn't as painful a process as I expected.

Hope you get it resolved either way OP

It would impact now!! I know a guy whose insurance went up because someone reversed into his wife's car whilst she was in her office. The guy who hit her car owned up and they went through insurance. Her husband's policy went up because she was a named driver on his policy.:wallbash

 

[Deleted member 6183]

No doubt I'll get grief for this but, being a bit of a nob, I'm pretty immune.

15 years ago I was reversing into a car parking space, it was narrowed due to misaligned cars either side. I touched my front wheel arch with the car to my side, got out and no damage visible - it really was just a touch at barely moving speed.
I gave up on the manoeuvre and parked nearby instead thinking no more of it, big mistake.
Two weeks later a couple of police officers turn up at my home, it was almost comical the way that they were doing the good cop/bad cop routine. I readily admitted that I had touched the other car and no damage was done, they had a look at my car and told me that there are some nosy neighbours with too much time on their hands in the area and I would hear no more of it.
The bad cop must have been more than an act because two weeks later I receive a summons to attend magistrates court to face charges of 1) Driving without due care and attention 2) Leaving the scene of an accident and 3) Failing to report an accident!

I engaged a solicitor and attended court where he negotiated with the CPS duty solicitor and one charge was dropped so I was fined £500 and received 5 points.

I fully expected to face the other car's owner at court but there was no sign, I have never been approached to address any damage and neither has my insurer - because there was no damage!

Here's the real kick in the teeth, I recently needed a criminal records check for my business start-up, no problem thought I. Wrong, because there were two prosecutions completed at the same time I have a record for life!