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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

So Fed Up

17 replies

saggyhairyarse · 26/06/2009 22:24

A couple of weeks ago, we got a letter from the Police requesting the draivers details of our car on a particular day which we duly sent off.

We had to give our insurers details and we then received a claim (although I don't know the exact details) for damage to a vehicle which I so say collided with.

Today I receive a Court Summons for failing to stop and failing to report an accident.

Basically the long and short of it is, someone says that I have crashed into them and driven off and then failed to report an accident BUT I can't recall being involved in any accident and I have no damage to my vehicle.

I drive the same route to school and I would have been where the accident so say happened at the time they gave but I can honestly say I can't think of anything unusual that happened on the day stated.

And that's another thing, the date my insureres are dealing with is different to the summons.

I am really fed up of this as it has been hanging over us since May and now I am being prosecuted and I could lose my licence and have a fine and if I can't drive I can't get my kids to school and we are skint so I really don't want to be fined.

Am obviously getting legal advice but only got the summons today. Husband thinks I should plead guilty even though I am not as if I get found guilty at Court then the penalty will be higher but that is JUST NOT RIGHT!!!!

Arrrgghhhhh....

PS. Trying to sell house, trying to buy business partner out, have got health concern and got to have further tests and kids not sleeping so am just feeling generally sorry for myself.

OP posts:

Original poster

saggyhairyarse · 26/06/2009 22:26

Oh, and my car has been looked at by the insurance loss adjuster who could find no damage and no evidence that it had been in a body shop which it obviously hasn't.

OP posts:

applepudding · 26/06/2009 22:31

Definitely get legal advice here - surely somebody can't just give a car details and say that it crashed into them when there is no proof at all of this???

Really does not sound at all right to me, and no I would not plead guilty just to get a lower penalty (only reason to do this if this would get it all off your back and be one less thing to worry about - but really it wouldn't be just would it?)

duchesse · 26/06/2009 22:33

Sounds as though somebody has made something up and is pulling a fast one. Hopefully the insurance inspector should be able to sort it out. I have no practical advice other than to say keep protesting your innocence.

Original poster

saggyhairyarse · 26/06/2009 22:38

I rang my insureres today and they can't help with it as legal assistance doesn't cover a criminal prosecution. And the person I spoke to said the circumstantial evidence was high as I admitted driving the vehicle in the area.

It reeks to me of someone having a bump and then bricking it and blaming it on the next unfortunate that drove past i.e. me.

OP posts:

JoesMummy09 · 26/06/2009 22:42

Don't your car insurancers have a dept that deals with this kind of thing? I can't imagine you're the first person this has happened to. If you've spoken to them already about the summons what did they say?

If you've got family legal protection on your home insurance it might be worth giving them a call?

Sounds like it's the last thing you need at the moment though.

JoesMummy09 · 26/06/2009 22:44

Sorry didn't thread moved on before I could post

duchesse · 26/06/2009 22:44

Circumstancial evidence is only that. If you say that you did not have a crash, your vehicle has no evidence of either damage or a recent repair, even though you were in the vicinity at the time, you should have a good case. I second the thing about not pleading guilty just to get a smaller sentence/ fine. That would be just plain wrong even if it may seem the easier option at the moment.

I was reported once when somebody bumped into my car as I reversed out of a parking space (at about 1mph). There was no visual damage to either car. Weeks later I received an insurance claim form claiming I driven into these people and written off their bumper (absolutely ridiculous). My car had clearly not had any work on it, the adjuster looked at it and took my side when I insisted the other people had to be pulling a fast one.

JoesMummy09 · 26/06/2009 22:53

I found this at www.motorlawyers.co.uk/offences/failing_to_stop_and_report.htm

"if you can satisfy the Court that you were genuinely unaware of an incident, or any damage occurring, you have a potential defence and should not be convicted for failing to stop and failing to report if it is accepted that you honestly were unaware of the incident"

Hope this helps.

kittywise · 26/06/2009 22:55

poor you, how creepy. You hear of this sort of thing all the time, I really hope you manage to sort it out.

TheYearOfTheCatMPADist · 26/06/2009 22:59

The burden of proof lies with the prosecution, and the criminal standard is beyond all reasonable doubt.

I am surprised that you have not been cautioned and asked to explain your side of things.

What evidence has been presented? Is there a witness statement outlining what is supposed to have occurred?

Could you get a report from the loss adjuster? (You should be able to claim the cost of the report if / when you win)

Original poster

saggyhairyarse · 27/06/2009 08:39

JoesMummy, thanks for that snippet, that does make me fel better about things.

MPAD, my insurers have emailed me the loss adjusters report so I do have that.

I have asked for more info about what is alledged to happen and all I can get is that I drove into the other vehicle changing lanes on a particular stretch of road but the thing is I don't change lanes there, though I do turn out of a t-junction.

It's all very bizarre!

OP posts:

PorridgeBrain · 27/06/2009 20:43

We had this happen to us, although it didn't get as far as court summons. It turns out that someone had written the number plate down wrong by one letter! Once the insurer came and checked our car out, it all got sorted so fingers crossed you'll get the all clear in a couple of weeks. Whatever you do don't plead guilty to something you didn't do especially when its failing to stop at the scene! Also, do you have any way of proving where you were on that time and day?

Original poster

saggyhairyarse · 27/06/2009 22:00

When the form came through asking who was driving I said it was me and that, yes, I would have been in that area at the time because it is the route I do the school run.

OP posts:

PorridgeBrain · 28/06/2009 12:15

If the loss adjuster's report says that there is no sign of damage being done to your car in the area that is suggested, then that should be strong enough evidence to prove that it wasn't your car I would have thought. As soon as the loss adjuster's report came through for our situation, that was the end of matter, we were in the clear. Sorry you are having such a hard time of it atm, this is the last thing you need, I hope it all gets sorted fairly quickly for you

babyignoramus · 28/06/2009 14:14

I can't help with the advice as I don't drive - but my job entails going along to the Mags Ct a lot and I just wanted to say that it's not as scary as you think - the Mags are usually ok and it's over pretty quick! Sorry if that's in any way patronising but I know some people cack themselves about going to court so I just wanted to give you some virtual moral support.

Nancy66 · 28/06/2009 14:27

It's a scam - 'cash for crash' - very well known and the courts will be very aware of it. don't worry.

sweetnitanitro · 28/06/2009 14:38

Ugh, these people piss me right off. I had 4 people claiming I'd given them whiplash from accidentally backing into their car at 1mph in a car park when they weren't even in it. I've not heard anything so I'm assuming my insurance company told them to jog on. The insurance investigator I spoke to was a lovely man (he didn't mind me dissolving into floods of tears, dd was only 6 weeks old so I was a bag of hormones) and explained that there is no penalty for trying it on so loads of people do it.

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