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Legal matters

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Desperately need some advice freaking out !

86 replies

Jazzy1990 · 16/11/2020 22:17

So about two and a half months ago I was turning into a one way road, where couple of pedestrians waited for me to go. As I moved forward to turn into the road a lady came from behind the man that was waiting and without looking started to cross the road, i did an emergency break, and told her to watch where she was going, at this point she was already in middle of the road, it’s a very small road. She then walked back to the pavement and I drove off. So now I get a letter from the met police traffic enforcement saying I hit a pedestrian with my car. From what I recall I did not hit her with my car, and in no way did she attempt to flag me down, or stop when I breaked to tell me I hit her, she walked back to the pavement, I didn’t see anything happen. I spoke to the case manager and told him I didn’t hit her, she walked back to the pavement, didn’t attempt to even talk to me or try to stop me, when I told her to watch when she’s crossing the road, he says he has cctv footage, i said ok that’s fine. I do not recall bumping her with my car and no way did she make it it clear to me that I did.
I was just wondering how much trouble would I get into for this? I didn’t even know my car bumped her and now I’m being accused of not exchanging numbers and careless driving.

OP posts:
Elvesinquarantine · 16/11/2020 22:24

Could you ask any residents if they have cctv? Have your car seen by a garage for any damage. None? Get a letter off the garage.. Imo it's for them to prove you did not you to prove you didn't. Innocent until proven guilty.. Seek legal advice op..

FortunesFave · 16/11/2020 22:25

If other witnesses say you hit her then you could be in quite a lot of trouble...hit and run. 5-10 penalty points and a prison sentence of up to 6 months at worst.

Elvesinquarantine · 16/11/2020 22:27

If she was hit she will have gone to hospital to back up her version. Bet she didn't.. Screams chancer op.

2babymumma · 16/11/2020 22:35

Deny deny- they could be trying to call your bluff with the cctv. I'd be demanding evidence.

Jazzy1990 · 16/11/2020 22:36

@Elvesinquarantine There was a bank right next to it. Will ask if I can view their cctv footage. If i did hit her it would be slight bump if anything, no damage to the car.

@FortunesFave would it be a hit and run, when I didn’t even know my car hit her ? She didn’t even wave me down, or stop me, just walked back to the pavement.

@Elvesinquarantine
I would like to see those hospital reports.

OP posts:
Jazzy1990 · 16/11/2020 22:39

@2babymumma I didn’t think the police would do that, try am doing scare with the cctv footage. I will ask to see though. I don’t think I hit her and she’s saying I did and if they have proof I would like to see as I was unaware my car even bumped her.

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DesdemonaDryEyes · 16/11/2020 22:41

Pedestrians have right of way.

But I’m sure you would have known if you hit her.

Jazzy1990 · 16/11/2020 22:44

@DesdemonaDryEyes I understand pedestrians have right of way, but this lady came from behind a man that had stopped and when I saw her I did an emergency break, obviously at that point your car jolts. I didn’t think I hit her, she didn’t stop me to say I hit her, just walked back to the pavement.

OP posts:
2babymumma · 16/11/2020 22:50

I'd ask to see it. If someone hit me I'd have hit their bonnet etc on impact surely?

Elvesinquarantine · 16/11/2020 22:52

Pedestrians don't have right of way unless op has failed to mention the alleged incident occurred on a crossing... They can't just jay walk anywhere /anytime!!

MargotLovedTom1 · 16/11/2020 22:57

Pedestrians have right of way if they've already started cross the road a car is turning in to. Doesn't sound like that here.
Can you ask if you can view the footage?

Jazzy1990 · 16/11/2020 23:00

@2babymumma no such impact, if anything my car may have bumped her slightly, obviously I didn’t notice due to the emergency break. I didn’t even think my car touched her.

@Elvesinquarantine the incident happened as I was entering a one way road. So it wasn’t a crossing but I know as drivers we need to let pedestrians cross if need be. The thing is some pedestrians stopped so I started to make my way, when suddenly a lady looking the other way on a one way road decides to walk in front, I saw her and immediately stopped.

OP posts:
BluebellsGreenbells · 16/11/2020 23:04

I’d they have CCTV you are entitled to see it.

If she’s claiming damages, then you need to report this to your insurers and they will engage their legal team.

Jazzy1990 · 16/11/2020 23:06

@MargotLovedTom1 I will ask to see the footage, cause I want to know if I bumped her or not, and if I did, why didn’t she stop me, why did she walk off.

I just feel like there’s no winning with this though, so unfair. From what I have read pedestrians will always get what they want in such an incident. They won’t look to see that she was looking the other way, or that she walked from behind the man out of nowhere making me halt. I don’t wanna get a hefty fine or points, I’m 8 months pregnant didn’t really need this right now.

OP posts:
Jazzy1990 · 16/11/2020 23:08

@BluebellsGreenbells she’s not claiming damages but she’s claiming that I hit her with my car, while she was crossing, therefore injuring her.

OP posts:
prh47bridge · 16/11/2020 23:09

As the previous poster says, pedestrians do not generally have right of way. If she started to cross the road before you turned in to the road she had priority. If she hadn't and there was no crossing you had right of way.

If you are convicted the sentence depends on the category of the offence. A prison sentence is unlikely as they are only used for the worst offences and it doesn't sound like yours is in that category (if you've committed an offence at all). The most likely outcome is a fine or a community order coupled with 5+ points on your licence or a disqualification.

HollowTalk · 16/11/2020 23:10

She waited 10 weeks to report this? I wonder whether she is hoping that CCTV from other companies would've been destroyed by now.

ILoveYoga · 16/11/2020 23:11

You need to contact your car insurance company. Strongly state you didn’t hit her (not waffle about the emergency stop, might have bumped her).

Tell them where there are cctv cameras and that the police have said there is cctv.

I highly doubt the bank will show you the cctv footage they have. However. turning over to the police it another matter.

Have your car insurance get involved. Additionally, if you have legal coverage on your home insurance, call snd see if you can have a consultation with a lawyer

Redburnett · 16/11/2020 23:15

If you are charged with an offence get proper legal advice from a solicitor and ask to see the footage the police have. That should help determine whether you did actually hit the pedestrian and you can then plead accordingly.

onlyk · 16/11/2020 23:26

The CCTV may not show a clear view of the incident however it may of given enough to show your license plate. It may be just your word against hers, if you’d hit her hard enough to cause injury or for her to fall over into the road I’m pretty sure you would of noticed. Police are required to investigate if someone makes a complaint so I wouldn’t panic yet. More than likely they are hoping you’ll admit fault if you did it by saying they have CCTV (saves them time), I would think if it showed you hitting someone you’d be sat in an interview room being cautioned already.

You remember making an emergency stop to avoid hitting a pedestrian who stepped into the road in front of you however you did not come into contact with the pedestrian which is why you continued your journey. Nothing illegal.

Jazzy1990 · 16/11/2020 23:28

@prh47bridge don’t want to go prison for something I didn’t even know happened, I wish the lady just stopped to say my car bumped her instead of walking back to the pavement.

@HollowTalk I honestly don’t know why it took so long, I guess they were gathering cctv footage.

@ILoveYoga what can my insurance company do to help me though? Can I not ask to see the footage myself? Like I want to know if I bumped her or not.

@Redburnett
If I see the footage I’m wondering how clear it would be. I’m also wondering if it showed I bumped the lady, what would happen, as I wasn’t even aware my car toucher her.

OP posts:
WarriorsComeOutToPlayay · 16/11/2020 23:29

Slightly odd language there OP... “I do not recall hitting her with my car” sounds very different to “I did not hit her with my car”. If I was an insurer that would make me very suspicious of you.

Longdistance · 16/11/2020 23:31

I smell a rat. No one waits 10 weeks to report a hit and run. She’s trying it on.
My dB was driving through a busy city, some guy decided to walk out into the road. He hit the windscreen, the guy even said it was his own fault for not looking. He damaged my dbs car. Admitted to police he was wrong. Three weeks later he tried to claim on my dbs insurance. The insurance company told him to get lost as the police had said he was not at fault. It’s a shame my dB couldn’t get the money to fix the damage off of the idiot.
I bet this woman has ‘witnesses’.

Jazzy1990 · 16/11/2020 23:34

@onlyk I was also wondering are they using the cctv as a scare tactic. I kept saying from my knowledge I didn’t hit her but i harsh breaked. Can’t admit to some

OP posts:
GarlicSoup · 16/11/2020 23:34

If i did hit her it would be slight bump if anything, no damage to the car.

Well as long as your car’s ok Hmm