Car accident!

[Creamplease]

I wonder if anyone can help?!

This might be long, but I will try and keep to the point but all the facts.

I had an accident in July. The other drivers fault, he refused to give details as I was shouting at him and taking his plate number.

I called insurance about 15 minutes after and reported it, but did not report to the police as I didn't know, and wasn't advised to.

The damage the guy did to my car was all fixed, and I thought the matter was being dealt with through insurance.

A few months later I get a letter in the post from the police saying I have failed to stop at an accident, caused injury, driving with neglect, failed to report and need to be interviewed!!

Me panicking, call and they say I need a solicitor. I phone my insurance who tell me I am not entitled to legal assistance. I am a named driver on the insurance so assumed this was why.

Anyway I find out if you are interviewed at a police station you are entitled to free solicitor which I find (I cannot get legal aid as I am not oon benefits).

So interview done, and then I get a court summons! This guy has also made up a witness which has annoyed me. He has said i've driven into the back of him, caused him injury, got out the car and shouted and then drove off.

So I have pleaded not guilty to all charges, and sent forms back.

THEN i find out I AM entitled to legal assistance from insurance and they have lied to me!! So I call, and tell them everything and they have said to forward everything to SEE if they can deal with it. If not I am on my own :(

But there is so much evidence to prove he is lying. All the damage to my car is on the sides where he tried to run me off the road. So I couldn't have driven in the back of him. The car park we came out have a camera which doesnt show the accident but can prove I left before him, and him behind me- so i couldn't have run into him.

He should be answering these charges not me. And i realise why he has done this- on the forms it says he is a cab driver. I assume he panicked I was going to call the police and he cold potentially lose his job. Plus he probably sees the dollar signs in compo.

Can anyone advise me?! I have phoned a polcie stations and they say the same thing- 'get a solicitor'. It's not that bloody easy!!

Any advice would be appreciated.

It's his word against yours. He can make up what he likes if you don't disprove it.

We had a similar thing happen to us. Woman overtook a broken down car on a bridge. Hit my dh coming over the bridge the other way. She was clearly in the wrong performing an overtaking manoeuvre on the approach to a bridge when she couldn't see over it. She said my dh had overtaken and hit her on her side of the road. Fortunately we had witnesses who stated that no, the broken down car was on her side of the road and therefore it was her overtaking not dh.

Anyway, it seems that it is perfectly ok to lie through your teeth to avoid any blame. You need to get that CCTV footage and back up your claim or they might actually believe him. Good luck.

First thing - check your legal assistance cover. Read your insurance policy!

You will need to be legally represented and to provide evidence to disprove the case against you. If it's a criminal case you may be entitled to free legal representation.

You didnt need to report to police if there was no injury at the time- sounds like you have failed to exchange details, that's all. You will have a record of the damage- did you photograph the damage at the time?

"You didn't need to report to police if there was no injury at the time"

I'm afraid that is wrong. Even if there is no injury you must report an accident to the police if there was damage and either the other driver failed to stop or names and addresses were not exchanged - Road Traffic Act 1988, Section 170.

Don't know about the solicitor side of things but my DH had 2 accidents (several years apart ) that were not his fault, and in both cases the police/ insurers decided it was

The first one he was in a long line of slow moving traffic on a 60mph single carriageway when somebody from the back of the queue decided to overtake 10 cars at excessive speed and hit him right up the back. We had proof that he was hit square in the back, and loads of witnesses, yet this guy claimed that DH "pulled out into [his] lane of traffic" and the police chose the only witness who said DH had pulled out in front of him (all the others said he'd already pulled out before they were all aware of this other car). The insurers found 50/50 and we didn't even get enough to replace the car.

On the second one he was waiting to turn right out of our road onto another 30mph road. This woman came from his right really fast, lost control of her car on the bend, touched the front of our car with the side of hers as she swerved and ended up in a ditch about 200 yds down the road. Witness said to DH that he'd seen everything and "she hit you". Left car where it was and ran back home to get insurance docs. Came back and police there plus several men have turned up to be with woman in other car. Suddenly it's a different story and DH pulled out (left) and hit her up the back. He wasn't even going that way!

When we had the stuff through from the insurers the woman was driving her mum's car and not insured, but was trying to claim for injury because she "couldn't even pick up her little dog". The witness had changed his story and even the policeman first on the scene who'd also said "she hit you" was saying he'd pulled out. We fought it but insurers not interested and DH had to go on a Crash Awareness course or lose his licence. Lost all respect for the police and the system in general that night :(

Prh, I was making the point re not needing to report if there were no injuries. I was trying to explain (poorly)it's the not exchanging details she has fallen foul of.