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Original poster

What’s the worst that can happen?

36 replies

Jazzy1990 · 01/02/2021 21:29

I posted here around November about a incident where I was turning into a one way road from the main road and harsh braked when I suddenly realized a lady walked into the middle. I saw the man in front of her stop but she walked from behind him and I didn’t see so i harsh braked, well I thought i harsh braked. From the looks of it they have a camera showing I bumped her with my front from the local bank camera that was close by. I had no idea I had hit her as she walked back to the pavement. I have now got a letter summoning me to court. I just wanted to know what’s the worst that can happen. I’m I going to jail? How much will I get fined ? About 5k? And how many points? I don’t think I can afford the 5k fine ? How will they go on about this? And do I get a criminal record ? I wish I knew I bumped her with my car I actually thought i harsh braked and my car jolted.

OP posts:
Bluntness100 · 01/02/2021 21:41

Op. What are you being summoned to court for? Is something missing from this story?

Because if it was criminal you’d know and rhe police would have spoken to you. If it was an insurance claim you’d have had a claim form

There are scams calling people to court.

You need to provide more info, how do you know there was a camera? Have you had a claim form and did you respond or ignore? Habe police been trying to get in touch with you?

Outdoorsywithgin · 01/02/2021 21:45

Your insurance company should be dealing with this. Did you notify them at the time?

Bluntness100 · 01/02/2021 21:46

Agree, did you notify your insurers?

It seems big chunks of this are missing in terms of what happened since.

Original poster
Jazzy1990 · 01/02/2021 21:49

@Bluntness100 it’s classed as a traffic offense, failing to stop after an incident and failing to report an accident with 24 hours is what they are saying. I know there was a camera as they sent a dvd copy of my car and the incident which they got from the he banks camera that was right next to where it happened. I wrote to them about how from what I recall I didn’t hit her I thought i harsh braked and the car jolted and then they sent the whole court thing. I’m so scared.

OP posts:
Original poster
Jazzy1990 · 01/02/2021 21:52

@Outdoorsywithgin nothing’s gone to my insurance I didn’t report it as I didn’t think it was anything to report and then after the late response came through about this incident I didn’t think it mattered if I informed my insurance company or not. Do I inform them? Would it even make a difference?

OP posts:
Bluntness100 · 01/02/2021 21:55

Op are they saying the woman was hurt? How much damage did she sustain? It’s likely going to be points and a fine, but it depends, how did the police find out and how badly hurt was the woman,

Ok so it’s criminal and it’s been sent straight to magistrates?

Yes you need to inform your insurer. Do that as soon as possible. You also need to engage a local solicitor. They will deal with criminal offences.

Original poster
Jazzy1990 · 01/02/2021 21:59

This incident went straight to the police.

OP posts:
Original poster
Jazzy1990 · 01/02/2021 22:01

@Bluntness100 The lady is saying she has minor bruise from the incident. I’m the second to driver I’ll call my insurance tomorrow.

OP posts:
prh47bridge · 01/02/2021 22:20

From the description this is going to be category 2 or category 3 for sentencing purposes. From the information you've given I lean towards category 3 in which case the sentence will be a fine (band A - band C) and 5-6 points on your licence. If it is category 2 it will be a band B or band C fine or possibly community service, in addition to which you could be disqualified for up to 6 months or, if you are not disqualified, get 7-8 points on your licence.

Bluntness100 · 01/02/2021 22:21

Call your insurer and also get a local solicitor. It depends if they think you knew and left her there injured. So higher culpability but low harm. But mitigated if first offence and of good character kinda thing, Could be anything from a couple of weeks income as a fine and six points through to disqualification, fine and community service.

Is she not claiming damages because she got hurt?

Bluntness100 · 01/02/2021 22:25

Also check your insurance policy, failing to report an accident can cause them to refuse to pay, the premiums will go up if they insure you again and also they normally give a timeline, usually 24 hours to report an accident to them.

Whatever the outcome of the case, be it disqualification or points will impact, so it’s really important uou give them a call.they usually have a 24 hour telephone line for accidents.

Bluntness100 · 01/02/2021 22:31

Also be sure you’re being honest. I’m not saying you’re not, but if the video shows it’s obvious you hit her, or they tried to get your attention or there were witnesses, she will likely give evidence, and you drove off, they will come down harder on you if you lie.

If the video shows she just walked to the other side of the road and no one tried to get your attention, ans you’d not have known, then it’s fine.

Just be careful.

Mintyt · 01/02/2021 22:34

I understand you didn't know you collided with a predestination, but now ring your insurance company, to do have motor legal protection which can help you defend a claim. I very much doubt you will go to prison. You might be charged with driving without due care and attention, but 1st thing is get onto your insurance company they will want to defend you

Original poster
Jazzy1990 · 01/02/2021 22:41

@prh47bridge what’s category 2 and 3 for sentencing ? Will I go jail ? And how much will the fine be?

OP posts:
Bluntness100 · 01/02/2021 22:44

Op as said, likely to be one to two weeks income. You won’t get a custodial sentence for this unless there is stuff you’ve not said. Worst case community service and disqualification.

Original poster
Jazzy1990 · 01/02/2021 22:48

@Bluntness100 @Mintyt I haven’t reported it to my insurance cause I didn’t think I hit her. Or anything will come of it. The pedestrian did not wave me down to say I hurt her, just looked at me shocked and angry and walked to the pavement, she did have someone with her that was on the pavement so I’m guessing that will be her witness. Do I get a criminal record ?

OP posts:
Bluntness100 · 01/02/2021 22:56

Yes if found guilty it’s a criminal conviction so you will have a record.

Something has come of it and you do know you hit her, so you need to call them ASAP.

Original poster
Jazzy1990 · 01/02/2021 23:17

Can’t believe I’ll have a criminal conviction 😔 it will affect me getting jobs? Buying a house if intending not he future? I just had a baby 4 weeks ago. So all this is really overwhelming.

OP posts:
Porridgeoat · 01/02/2021 23:25

Me me me me me ...

Nothing much about her ...

Original poster
Jazzy1990 · 01/02/2021 23:29

@Porridgeoat who would you like to know about ?

OP posts:
Bluntness100 · 01/02/2021 23:36

@Jazzy1990

Can’t believe I’ll have a criminal conviction 😔 it will affect me getting jobs? Buying a house if intending not he future? I just had a baby 4 weeks ago. So all this is really overwhelming.
Gosh ok

Well criminal convictions expire, so basically you only declare those not spent, it’s usually about five years, but depends on what happens in court and if you’re found guilty. If it’s an imprisonable offence you get a record, even if you just get a fine and points. And these are imprisonable offences.

You do have to declare a criminal conviction on a mortgage application yes, but I doubt something like this will have any impact. For jobs, it depends on what you do, if it’s the type of role that requires you to disclose criminal convictions and also the employers view. I doubt if it’s six points and a fine it would cause many employers to not want you unless you want to drive for a living.

Walkacrossthesand · 01/02/2021 23:43

Jazzy, did you knock her over & she had to get up & walk to the pavement but you thought she was ok (?) so you drove on? Or is she saying you bumped her, she kept her balance but has now decided to pursue you through the courts, having noted your registration? Either way, it's odd....

Original poster
Jazzy1990 · 02/02/2021 00:07

@Walkacrossthesand no I did not knock her over, it was a bump which I don’t even realize as I did an emergency break. The lady basically reported it to the police and then they found a camera outside the bank that recorded the incident.

OP posts:
Original poster
Jazzy1990 · 02/02/2021 00:08

@Bluntness100 Thank you for giving me all that information.

OP posts:
prh47bridge · 02/02/2021 00:10

@Jazzy1990 - No, you will not go to jail. The sentencing ranges for those categories are as I set out in my previous post. The absolute worst you could get is community service and disqualification for 6 months, but it is highly unlikely you will get anywhere near that high a penalty.

Category 3 is lower culpability and lower harm. Category 2 is higher culpability and lower harm, or higher harm and lower culpability. As the woman you hit only suffered bruising it is lower harm, so the only question is over the level of culpability.

To clarify the fine bands, a band A fine is 25%-75% of your relevant weekly income, a band B fine is 75%-125% of your relevant weekly income and a band C fine is 125%-175% of your relevant weekly income.