Leaving The Scene Of An Accident...

ant7054 | 18:58 Sat 16th May 2015 | Motoring

55 Answers

Hi

I am new and would appreciate any advise anyone can give,

Last night I popped out in my car to get some food it was pretty late around 12midnight, out of no where there was a car tailing me, for no reason, I tried to pull over to let these guys past but they continued to tail me, I began to get worried and tried to get away from them thinking they were after me for something I turned left into a side road but due to my panic I lost control of my car and drove into a shop window damaging my car and the shop, I looked in my mirror these people were still coming behind me, fearing for my life I backed out of the shop and quickly dived down some side roads and lost them, I then called the police and my insurance informing them of what had happened.

I explained I was genuinely frightened and did not stop. my car has since be recovered, no one was injured at the time of the accident.

can anyone advice if I have done anything wrong here?

Dvla Change Of Address

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New Judge

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19:14 Sat 16th May 2015

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Retrochic

your car has been recovered from where? You said you reversed and drove off down some side roads to get away. If you have informed the Police of what has happened I would think you have done nothing wrong and it will be classed as an accident and you may lose your no claims bonus.

ant7054

Question Author

the car was recovered from a back road not at the scene this morning. I would have thought leaving the scene of the accident was an offence? even though I was basically running for my life, yes I informed them yes I made a claim loosing the car and no claims is the least of my worries

thanks

douglas9401

I'd be very concerned that your pursuers have your registration number and can now trace you via this info.
Maybe ask for a SWAT team outside for a few days.

ant7054

Question Author

I don't think that was funny douglas, as far as getting traced on here, what do you mean?

Buenchico

The law requires that you report the accident to a police station or 'to a constable'. Hopefully your phone call will meet that requirement.

Section 170 (2) of the Road Traffic Act 1988 states: "The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle".

However, unless the shop was of the type where the owner lives on the premises, there wasn't anyone for you to give your details to anyway. That, and your fear of the occupant(s) of the other car, would probably be deemed by a court as providing sufficient reason for you not to stop.

So Section 170 (3) then applies: "If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident."

That has to be read in conjunction with Section 170 (6): "To comply with a duty under this section to report an accident . . . the driver
(a)must do so at a police station or to a constable, and
(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

http://www.legislation.gov.uk/ukpga/1988/52/section/170

As I read it, you're in the clear!

Zacs-Master

Any roads you drove on wit CCTV?

New Judge

Section 170 of the Road Traffic Act says this (I’ve left out irrelevant bits):

170 Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle,

or

(b) damage is caused—
…
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(It goes on to talk about producing a certificate of insurance).

So strictly speaking you have failed to stop and could be charged with that offence. However, I doubt the police would take any action as you reported the matter (including, presumably, the reason why you failed to stop) to them as soon as was practicable.

ant7054

Question Author

thanks buenchico, that was very helpful, yes it was only me in the car I literally felt in danger and did not want to stop but simply flee from these people.

zacs-master - the roads where it happened do have CCTV

douglas9401

Why do you think I was being funny?

Zacs-Master

Then, should it go to court, you should be ok.

ant7054

Question Author

thanks new judge, that was very helpful, yes simply speaking i reported it as soon as I felt I was in a safe place to talk and make a phone call to the police, I was given a cad reference and I actually went to the police station today bu they just gave me a road collision form and sent me on my way.

ant7054

Question Author

douglas the remark about a SWAT team yes they may have my registration but if anything occurs I will tell the police,

fiction-factory

How long after the accident did you notify the police. They may wonder whether you had been drinking (I'm not saying you had) and delayed reporting it until you had sobered up- it must happen

ant7054

Question Author

thanks zacs master yes it should show how they were tailing me caused me to drive off the road - also no one was injured.

tamborine

Hope you told shop keeper you broke his glass?

ant7054

Question Author

fiction factory it was about 1 hour after as I walked home and called my insurance first also I had not been drinking.

i have not told the shop keeper as my insurance will deal with his insurance I have told the authorities and want to avoid any confrontation after my ordeal

tamborine