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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
Sarahandco · 17/11/2020 00:29

The police would have come to your house at the time if she had reported that you had hit her and driven off. It sounds like they could be trying to see if they can make something of it.

I would use the legal support of your insurers and give your account.

I think the bank would only give footage to the police - they likely have footage of the incident and you stopping - but likely they cannot tell from the footage whether you hit her. If they did surely they would not write you asking for your account.

Jazzy1990 · 17/11/2020 00:29

@supersplodge I haven’t written my statement and sent it yet, so hoping the might have is not to late.

I am second guessing myself, did my car touch her? Even slightly? I know it didn’t but now I’m thinking back and going crazy. I just need to keep saying I didn’t hit her. That what I remember and that’s what I’ll say.

OP posts:
BananaPop2020 · 17/11/2020 00:29

IF this is legit, prison is extremely unlikely unless you have a stack of similar convictions.

A brief is slang for a solicitor.

BananaFlavouredPancakes · 17/11/2020 00:36

Agree with PP, its natural to doubt yourself when confronted like this OP but you need to tell them clearly what you remember and that is, you didn't make contact with her. Don't qualify it in any way.

I think it would have been apparent if you'd hit her as with actual contact, I'd be expecting her to stumble or get knocked even just a little off balance which you don't mention. It'll be interesting to see what she produces by way of medical evidence and what the CCTV actually proves.

I'm sorry you're having to deal with this especially as you've clearly other things to be focusing on at the moment, good luck with the remainder of your pregnancy. Stick to what @RunningFromInsanity said and don't waiver from that. Hope it all gets sorted out for you soon! Flowers

Jazzy1990 · 17/11/2020 00:36

@Sarahandco I’m also thinking if they have the cctv coverage of my bumping someone why do they want my account, is t that evidence enough for them. How is anything I say gonna make a difference if they have cctv coverage.

@BananaPop2020 no other similar convictions, thankfully. I’m guessing I will be fined a lot, points, and my insurance will go up as the person will be claiming. Not something you want happening when you have a baby in the way.

OP posts:
TheLastStarfighter · 17/11/2020 00:37

Call your insurance company and, separately, get some legal advice. Be aware that your insurance company are not your legal defence, nor do they have to act in your best interest. They are not necessarily your friends in this, but you do have to inform them.

The exception is if you specifically have legal protection as part of your insurance. In that case the assigned lawyer should be working in your interest, even though the insurance company as a whole may not.

BananaPop2020 · 17/11/2020 00:38

From what I have read on this thread, it sounds like a colossal blag anyway!

MoonJelly · 17/11/2020 00:39

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.

No so. There are numerous reported cases where pedestrians don't succeed in claims because it is proved that the driver in question was not at fault.

By the way, and I'm saying this purely because you are going to have to keep writing your account of this incident, it's brakes, not breaks.

MoonJelly · 17/11/2020 00:41

@Sarahandco I’m also thinking if they have the cctv coverage of my bumping someone why do they want my account, is t that evidence enough for them. How is anything I say gonna make a difference if they have cctv coverage.

Because it depends on how much road the CCTV covers, and on things like weather conditions etc. And because they have to be fair to you and give you a chance to put your side.

Kinneddar · 17/11/2020 00:41

Youre not going to get a 6 month sentence.

All you need to do just now is fill out your version of events and return it. Don't panic at the moment. All the Police want is your version. Youre not being interviewed or charged. Chances are when you reply you'll not hear any more or get told there's no further action.

IF you get asked to go for an interview that's the time to get a solicitor

Jazzy1990 · 17/11/2020 00:42

@BananaFlavouredPancakes hi thank you for your reassuring words. She didn’t stumble, fall, or jolt like you would if a car was to bump you. You right I’m
Just going to stick to what I remember, I didn’t hit her. But so easy to doubt yourself when you start thinking about it over and over again.

OP posts:
Jazzy1990 · 17/11/2020 00:52

@TheLastStarfighter will give my insurance company a call and see what can be done.

@MoonJelly they do tend to side a lot with the pedestrian though, I read something where someone said you’re driving a vehicle that’s can kill someone so you need to be more vigilant. Sorry don’t know why I’m writing breaks instead of brake.

@Kinneddar if they call me for an interview, I’m I mostly likely going prison then ? I talk to the case manager and he said after I send my statement they’ll review it, and check if a court action/prosecution needs to be take!

OP posts:
BananaPop2020 · 17/11/2020 01:17

@Jazzy1990 an interview is just that - an interview. You need to keep this in perspective. It is not a charge, a conviction or any sort of sentence.

Kinneddar · 17/11/2020 01:21

Kinneddar if they call me for an interview, I’m I mostly likely going prison then

Absolutely not. At the very most its a minor rtc. IF it did go forward youd probably get a fine/points at most. You ARE NOT going to get a prison sentence for something so minor. Hell people that have seriously injured or killed people have been known to have had fines and no jail time

I.know its easy to say but honestly don't worry about it.

Blufandango · 17/11/2020 02:08

If it helps put your mind at rest at all, I was hit (my fault) by a car when I was a teenager. I was short but adult weight and ended up across the front of the car. The car was very slowly reversing, possibly even uphill and I walked into it. The driver was very aware and although I wasn't injured beyond a bit of bruising, and I don't think the car would have been damaged but there was no way I could have stepped away like nothing happened, because of the momentum. I don't think I told an adult what happened, I just got on with my day. I am pretty sure had you hit her, especially while doing an emergency stop you would have noticed.

Jazzy1990 · 17/11/2020 06:50

@BananaPop2020 ok thanks, I guess I’m just so stressed out thinking all sorts of things.

@Kinneddar that’s puts my heart at a little rest. I’m looking at a pretty hefty fine though right? 5k? Or more

@Blufandango that’s what I’m thinking I would have noticed, or even the least she would have been knocked out if place. Unless the front bumper just about touched her and that’s what she’s going by.

OP posts:
Roselilly36 · 17/11/2020 06:58

Speak to your insurance company & let them deal with it OP.

PhilCornwall1 · 17/11/2020 07:04

I am second guessing myself, did my car touch her? Even slightly? I know it didn’t but now I’m thinking back and going crazy. I just need to keep saying I didn’t hit her. That what I remember and that’s what I’ll say.

Keep repeating to yourself "I did not hit her!!!". Take anything else out of your head. If you are interviewed, remember "you did not hit her!!".

Kinneddar · 17/11/2020 07:17

Kinneddar that’s puts my heart at a little rest. I’m looking at a pretty hefty fine though right? 5k? Or more

Noooo you're completely panicking. I cant imagine for a second a fine being anywhere even close to that. Not for potentially such a minor offence.

Kinneddar · 17/11/2020 07:20

I've just googled my local court.

A driver who ploughed into a car seriously injuring 5 people was fined £400. I hope that helps put some perspective on your alleged accident Smile

2babymumma · 17/11/2020 07:22

@Jazzy1990 I can't help but feel this is a chancer trying to gain a claim and needing a police record number to do so.

She didn't manage to stop you but managed to take your car details?

Dont admit to something you didn't do. I'm the police questions will make you hearing yourself and the fact your pregnant will
Play on your emotions.

Jazzy1990 · 17/11/2020 07:45

@PhilCornwall1 honestly terrified, I’m thinking I didn’t hit her, what if the cctvs show I bumped her, that’s my work against hard core evidence.

@Kinneddar won’t I get done for not swapping details and driving without care ? That’s what they’re trying to say. She didn’t even try to stop me to swap details, driving without car cause I didn’t notice her suddenly step out from behind the man.

@2babymumma obviously she wants compensation. If this lady didn’t flag me down, or even at that point, put her hand on my bonnet and said you bumped me can you get out of the car please, how I’m I meant to know. I would have rather she did what she did there and then.

OP posts:
wibdib · 17/11/2020 08:02

I would argue that as you hadn’t hit her there wasn’t any accident to stop and report - there is no requirement in law to report a near miss or an emergency stop surely?

She gave no indication that she had been anywhere near your car as she was walking across the road or back - she walked normally, no mid-step or bend or jump back or even looking at you to say WTF, made no effort to say anything, no saying Ow or OMG. It was exactly like somebody walking in front of your car as has happened many times before, there was nothing to indicate that this was anything other than somebody walking in front of your car (albeit in a dangerous manner).

throwaway201809 · 17/11/2020 08:07

I would speak to a solicitor and ask @MNHQ to remove this post. It's very specific and you've said a few times that you may have hit her. You need legal advice and to have this thread deleted

satnighttakeaway · 17/11/2020 08:12

It sounds like she might be trying it on for some kind of compo but you'll have to engage with the process and make it clear you didn't touch her.

And absolutely not being the spelling police but it's brake not break, you don't want any confusion from a spelling error.