Wife being fobbed off by the police?

[jaymanek]

i doubt the insurance will go to a great extent considering the value of the car involved, i should think they will simply payout and take the car away and put it in the bin..

 

[recycled]

not if you have TPFT and anyway they left me to dispose of mine myself after paying me out on third party only.

 

[Colin_b]

I'm really sorry about the damage to your wife's car and the upset it has caused you both.

However, this is *not* a police matter as there was no personal injury. That might seem unjust, but it has always been this way. No personal injury, no police involvement. I have occasionally heard of cases where the police do get involved, but only very rarely.

It would normally be an insurance matter, and your insurance company would decide whether to take legal action (via litigation, with the threat of court action) on your behalf and its own. However, with only TPFT cover you are on your own. You must still inform the insurance company, as you are at risk of a claim from the owner of the car your wife's hit, but from now on any action has to be taken by yourself.

What you should do is find yourself a good solicitor and tell him/her everything, especially the details of any witness(es). Your solicitor can then contact DVLA for the details of the owner of the car you allege caused all this, and take it from there.

A good solicitor will take all the worry off your shoulders and will usually obtain the best possible result. The fact that the owner of the car allegedly left the scene without reporting the alleged incident would of course count heavily against him/her. But don't expect this to make you rich, it is all about recompense for your expenses.

If you need help finding a solicitor who specialises in motor claims, try the Law Society web site:

The Law Society - Find a solicitor

Not a police matter? I'm no expert on this, just puzzled.

If someone walked up to your house, poured a gallon of gloss paint over your car then slashed the tyres, would that be a police matter, even if there were no injury - would the police be saying no crime has been commited?

Cumbria police considered it to be, according to the local paper.

 

[recycled]

Not a police matter? I'm no expert on this, just puzzled.

If someone walked up to your house, poured a gallon of gloss paint over your car then slashed the tyres, would that be a police matter, even if there were no injury - would the police be saying no crime has been commited?

Cumbria police considered it to be, according to the local paper.

if the guy has a decent job and can pay a hefty fine, it will then be police matter.

if it is just a lowlife scally on drugs, he will just get a warning

 

[Sp!ke]

A polite word in the gym could also get you the address of the owner, she must be a member and is likley to return there again prehaps same time next week.

If the car was parked on a private car park (gym) then it could be a civil matter and the police may not want to get involved.

I would ask the gym for a copy of security camra tape before it is overwritten.

Dec

The gym recognise the face but dont know the name... she's not a member or a regular but pays per visit (or should do but the security camera also showed she snuck in without paying). According to the MIB, the car *is* insured however.

The camera footage is digital and the staff dont know how to copy the footage off (but wont let me touch the computer to do it myself). They say they never delete the footage but I doubt that very much. Footage = disk space and on a three year old PC, it wont be much.

I'm amased this is not a police matter Tony. Failure to stop is a crime. Don't police bother with crimes any more? If this is police policy then the policy needs addressing as it is clearly ill thought out.

With this sort of stance from the Police, why would anyone stop after an accident as there's little chance of being caught it seems. In fact, why would anyone bother with insurance. God this place is going to the dogs if this is how they do things now.

This event will probably cost me about a grand... not a huge amount, I agree but more than enough to make me decidedly unhappy about paying for my 'police services' element of my council tax come April as this matter could have been cleared up by a quick house call from the police when they were next passing the vicinity.

Maybe I should send the chief of Police an invoice.

 

[recycled]

. Failure to stop is a crime. Don't police bother with crimes any more?

Mate which country have you been living in ?

 

[TonyVianoAmbiente]

Not a police matter? I'm no expert on this, just puzzled.

If someone walked up to your house, poured a gallon of gloss paint over your car then slashed the tyres, would that be a police matter, even if there were no injury - would the police be saying no crime has been commited?

Cumbria police considered it to be, according to the local paper.

If you cannot see the difference between that alleged incident and what is being discussed here, then I'm sorry, I cannot help you.

 

[Fandango]

If you cannot see the difference between that alleged incident and what is being discussed here, then I'm sorry, I cannot help you.

No point trying to be a smartalec mate, we all know the difference.
Both incidents are considered to be criminal by anyone with any sense.
Surely you can see that!

 

[recycled]

Just a little little line. i learnt the hard way that if your car is stolen, and the thief is involved in a high speed chase with the police and they end up smashing into it to get it stopped, they are entitled to and they will claim compensation for whiplash and other related injuries from your insurance company.

wonder if this has any bearing on car chasing coppers.
i am not saying it has though

 

[Sp!ke]

Just a little little line. i learnt the hard way that if your car is stolen, and the thief is involved in a high speed chase with the police and they end up smashing into it to get it stopped, they are entitled to and they will claim compo for whiplash and other related injuries from your insurance company.

wonder if this has any bearing on car chasing coppers.

This is the reason why even with third party only cover, your premium can be reduced by fitting security devices.

Basically you pay to insure the thief who steals your car. The thief is effectively insured (at no cost to him) to drive any vehicle *without* the owners permission.

 

[Howard]

Sp!ke , was this in Amida ?

Also , i was under the impression that if you can provide the DVLA with good reason to wanting it ( ie. a smash and she didn't stop ) they will provide you with an address ...

Or was that a loophole , or an urban myth ?

Failing that , i would stake out the gym around the time , each week and then 'have a word' ...

 

[Sp!ke]

Amida?

No this was in the YMCA gym at the Hawkers Centre.

 

[Howard]

Just asking mate, as a friend is very pally with the manager at Amida, it might have helped you get the footage or her previous visiting times in order to form a pattern to wait for her ...

 

[Sp!ke]

Yah, I think tackling this on multiple fronts might be the best course of action. Will write to the DVLA, as well as everything else.

I've also taken to checking out the gym carpark everytime I pass but I suspect the car will be quite damaged and isnt been driven right now.

 

[Rory]

Failure to stop is a crime.

That's correct. The only get-out I could imagine the Police have (and I'm not even sure about this) is if the car park is barriered off and for members only. Anywhere accessible to the public is covered by the road traffic act these days.

I think I'd be asking the Police to take up the matter, and if they refuse then making a formal complaint. They'll do anything to avoid recording a crime - remember the fuss about the legal exec whose handbag was stolen? She managed to get it back from the thief a few mins later so the Police said no crime had been committed. They were forced to apologise later.

 

[Howard]

What car is it Sp!ke ?

Some of the local members could keep their eyes out for it ... probably never see it , but you never know ....

I certainly will ....

 

[grober]

I thought failing to give details was an offence under the road traffic act but maybe doesn't apply in a private car park??


Failing to Stop/Give Particulars after an accident (AC10) (AC20)

The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence of which on a road an accident occurred whereby personal injury or damage was caused to another person or another vehicle or an animal not in the vehicle, or property on or near the road, then failed to stop or on being required by a person to give your name and address and the name and address of the owner and the identity mark of the vehicle, failed to do so.

Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5
Endorsement with 5-10 penalty points
Discretionary disqualification

Comment
You only have to stop and give your particulars if someone (other than you) or something (not in the other vehicle) is injured in the incident, or if you cause any damage to another vehicle or to anything else on or by the roadside (eg a lampost, fence or wall).

The likelihood of being imprisoned increase with the severity of the accident and if there is both a failure to stop and a failure to report the accident, if
a) the Court believes that this was because you were trying to avoid a breath test, or
b) when serious injury is caused.

If you can satisfy the Court that you were unaware that an accident had occurred this may be a defence to the charge.
click to go back to Basics back to RTO basics

edit:- http://www.lawontheweb.co.uk/crimertogeneral.htm

I think I would write to the chief constable of your area asking politely why his force are not pursuing this individual for this offence. I would point out that although your wife wasn't "present" at the time the accident occured the collision took place in the gym car park where a reasonable course of action would be either to return to the gym to inform the other owners of the vehicles involved or to leave her written details on the cars in question. Point out that such was the nature of the collision that you fear the driver may be a risk to the public in the future or even under the influence of alcohol or drugs. Tell him there is good closed circuit tv evidence, a witness, and the other vehicle has been identified but you have received very little co-operation from his force and the individual in question has not been charged with any offence to your knowledge.

 

[Colin_b]

If you cannot see the difference between that alleged incident and what is being discussed here, then I'm sorry, I cannot help you.

Someone damages your property, either by accident or design.

Someone damages your proprerty and doesn't hang around to tell you.

You are left having to repair the damage at either at your or your insurance companies expense.

In one case law has been broken, in the other it hasn't

So, no I don't see what the differentiator is. I apologise if I am being so obtuse that if offends you.

 

[TonyVianoAmbiente]

Someone damages your property, either by accident or design.

Someone damages your proprerty and doesn't hang around to tell you.

You are left having to repair the damage at either at your or your insurance companies expense.

In one case law has been broken, in the other it hasn't

So, no I don't see what the differentiator is. I apologise if I am being so obtuse that if offends you.

Without knowing all the details of the two respective cases, I think you stated the differentiator in your first sentence.

We are all obtuse at times, including me. It's nothing to get offended about.

 

[Colin_b]

Without knowing all the details of the two respective cases, I think you stated the differentiator in your first sentence.

We are all obtuse at times, including me. It's nothing to get offended about.

No probs I was unsure about the intent in the commision, and the relation with intent to conceal the act (and still am, slightly)