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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.

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:
prh47bridge · 02/02/2021 00:21

I should add that, as you've been charged with two offences, they each carry the same penalty so you could, in theory, end up with double the penalty I've outlined. However, it is unlikely you would get that high a penalty.

The fact that you weren't aware you had hit anyone may be a successful defence.

And these are imprisonable offences

Whilst the maximum penalty for these offences is imprisonment, the sentencing guidelines are clear that a prison sentence can only be imposed for a category 1 offence. As you did not cause significant damage or injury this will not be a category 1 offence.

Princessbanana · 02/02/2021 00:22

Do not do anything until you have got advice from your solicitor, if you don’t have one, get one tomorrow!! Do not speak to anyone, do not ring your insurance until you have spoken to your solicitor! Take my advice on it! You claim you haven’t bumped her and have seen no evidence to say you have, you haven’t seen the tape or anything so just stick to what you know and ring your solicitor first thing tomorrow and they will advise you on the correct channels and will also be able to tell you if it’s a fine and points, you will not go to prison for this either, it’s clear you really didn’t mean to hit her if you did at all!

Sunflowergirl1 · 02/02/2021 06:03

@Jazzy1990

Have you just received a summons in the post? Was there no contact from the police prior, such as being interviewed about it at all?

Mintyt · 02/02/2021 07:04

You didn't report it because you didn't think you had hit her. That's ok report it now and they will assist you. I work in insurance fraud. We have a nose for truth. Please don't worry more. Ring them explain they will support you. They will also check the cctv and make sure the TP is being fair and making a true claim

Mintyt · 02/02/2021 07:29

-also remember your innocence until proved guilty, the 1st appearance will be to establish the facts. You explain as truly as you can and answer what you are asked as clear as you can

Bluntness100 · 02/02/2021 07:51

@Princessbanana

Do not do anything until you have got advice from your solicitor, if you don’t have one, get one tomorrow!! Do not speak to anyone, do not ring your insurance until you have spoken to your solicitor! Take my advice on it! You claim you haven’t bumped her and have seen no evidence to say you have, you haven’t seen the tape or anything so just stick to what you know and ring your solicitor first thing tomorrow and they will advise you on the correct channels and will also be able to tell you if it’s a fine and points, you will not go to prison for this either, it’s clear you really didn’t mean to hit her if you did at all!
You can and should report it to your insurer op immediately, however you should get a solicitor. Explain to your insurer what you said on here. Your insurer isn’t against you. They will simply log it.

It sounds like you know you hit her though, you’re not disputing it, and there is evidence of the fact.

I’m surprised she simply looked at you shocked and angry and fhen called the police. Generally if someone is impacted enough to call the police then they do more than just look at you and walk off. But the video will back you up that she just walked off so you likely didn’t know.

You seem to know a lot about it, from the video to what she’s saying, was their communication from the police previously?

Jazzy1990 · 02/02/2021 10:18

No communication from the police what’s so ever. I just got a letter through the post from met traffic enforcement. I will call my insurance today see what they say. From the video you can see i bumped her unfortunately, I obviously didn’t think I did.

OP posts:
RedHelenB · 03/02/2021 07:35

Poor woman. I think I would be ib shock if a car hit me and wouldn't necessarily do anything there and then.
Hopefully this will be a wakeup call to be more alert to your surroundings.

Hope the insurance company can advise you further when you ring them.

Sunflowergirl1 · 03/02/2021 10:51

@Jazzy1990

All I can think is that the video is very clear and they view you must have known. However, what it doesn't answer is that the offence is correct mitred by the driver, not the keeper. Therefore it does t make sense to me that the police have automatically summons the keeper when they need to prove who was driving the car, ie someone admits to it.

I suggest you get some legal advice as this is rather strange

Idiotdriver123 · 03/02/2021 12:17

@Porridgeoat

Me me me me me ...

Nothing much about her ...

Of course she's asking about herself. What do you expect on a legal forum? She wants to know what sort of outcome she can expect. My gosh, people are awful on here sometimes. OP, I would also suggest some legal advice to find out where you stand. It doesn't sound like a serious injury and it could happen to any of us. I bet if you'd reported it that no charge would have been brought, especially if there was a witness saying the pedestrian walked straight out from behind him. I doubt you would get anything other than a fine and maybe some points and I can't see it impacting your ability to buy a house. Try not to stress too much, although it's easier said than done.
AlternativePerspective · 03/02/2021 12:22

I would definitely get some legal advice, but essentially you left the scene of an accident.

Even if you didn’t realise you’d hit the woman you didn’t even stop to check? Leaving the scene of an accident is an offence in itself.

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