The Student Room Group

Driving withour due care and attention

I have received a letter in the post saying im having proceedings taken against me for driving without due care and attention. I'm scared as hell.. what do I do it says I will receive a fine and penalty points... any ideas how much?

This is what happened last week I overtook a cab that stopped in the road to pick up passengers, as I overtook the cab tried to regain this position and crashed into the side of my car.

After the crash I got out saw the damage to my car, noticed the cab didn't have any damage and left I thought, its only miminal damage (dent in the middle of my car... so i'll just get it fixed myself, let the cab off as I didn't want to deal with the hassle.)

Now im receiving these letters... what does this mean for me? what do I do for now? I don't know what to do...
Reply 1
you left the scene of an acident, naughty naughty. im guessing if there was no damage to the cab you could aruge there was no point in stopping.
Reply 2
Dac_10
you left the scene of an acident, naughty naughty. im guessing if there was no damage to the cab you could aruge there was no point in stopping.


thats why I didn't stop, sounds stupid but I thought I was doing him a favour by not taking his details and taking further action. I thought I would just be able to fix the dent in my car and just let live...

I've just rang the police accident department and they have said that I'm not being prosecuted for driving without due care/ attention but its failing to stop as its a requirement to stop & pass details after an incident.

I thought I would only need to take details if I were planning on taking further action
Reply 3
Hope you get this sorted out - I hate careless taxi drivers who press charges on others for driving without due care/attention :frown:

Why have they sent you a letter on the wrong thing? Or are they under the same category?
Reply 4
me_me_me
thats why I didn't stop, sounds stupid but I thought I was doing him a favour by not taking his details and taking further action. I thought I would just be able to fix the dent in my car and just let live...

I've just rang the police accident department and they have said that I'm not being prosecuted for driving without due care/ attention but its failing to stop as its a requirement to stop & pass details after an incident.

I thought I would only need to take details if I were planning on taking further action


what if he wanted to take further action? what if you set his airbags off and you never knew?
Reply 5
Hang on..

So you stopped your car, got out, walked over to his car, and inspected the damage. You then assessed the damage done to his car, and then the damage done to your car, and came to the decision that you should return to your car and drive on?
You did ALL of that, without talking to the taxi driver at all? Without even LOOKING at the taxi driver to see his reaction?
Sure ya did. You hit his car and drove off. Coward. I'm glad you got caught. Hope your fine is huge.

Also, you "let the cab off"?!? Hahaha. That's rich.
Reply 6
precisely ghost. what an idiot.
Reply 7
Ghost
Hang on..

So you stopped your car, got out, walked over to his car, and inspected the damage. You then assessed the damage done to his car, and then the damage done to your car, and came to the decision that you should return to your car and drive on?
You did ALL of that, without talking to the taxi driver at all? Without even LOOKING at the taxi driver to see his reaction?
Sure ya did. You hit his car and drove off. Coward. I'm glad you got caught. Hope your fine is huge.



are you serious? if that was the case why would I take it upon myself to COME to here and ask questions.. What exactly is preventing me from telling the truth HERE... if you were a police officer and I said the things I said then I could understand your beliefs but this is a student forum, why would I want an answer that is different the situation im in??? Thats of no help to me, I want to know what can be done based on the situation I am in theres no point in me lying here.

Did I say I didn't look at the taxi driver? I looked at him alright, he just didn't know really what to say was lost for words and was signalling his hands in the other direction trying to think of something.

@ Dac_10 I didn't set his airbags off we were in our cars for like nearly 5 mins before I came out just looking at each other.. for shock on my part. Although if I hadn't had seen him it wouldn't have been something I would have thought about I was in so much shock and shaking I didn't really have the faculty to think properly.

@linka1 I spoke to the judical support/ police people and the man was really helpful and said that putting that down is a formality.. he was able to tell me that the reason for the letter was failing to stop/ obtain details.

Thanks for the replies,
Reply 8
youre supposed to exchange details in the event that someones injured and not present at the time or something like that.

penaltys for leaving the scene of an accident can vary, if youre exceptionaly lucky youll get off, unlikely but you could. often 9 points and a fine ensue. but as this is a slightly different case to say running over a cyclist and leaving im not certain.
Reply 9
If it happened exactly as you said, then you wern't at fault. It would have been settled on his insurance. Therefore it seems odd that you would have let him off.

By hassle, what do you mean. When I was involved in an accident, I called the insurers, they sorted everything out, told me where to book the car in and it was all sorted.
Reply 10
dh00001
youre supposed to exchange details in the event that someones injured and not present at the time or something like that.

penaltys for leaving the scene of an accident can vary, if youre exceptionaly lucky youll get off, unlikely but you could. often 9 points and a fine ensue. but as this is a slightly different case to say running over a cyclist and leaving im not certain.


hmm if I had thought about it properly it would have occurred to me.. 9 points :s-smilie: ... thanks for the info
Reply 11
dh00001
youre supposed to exchange details in the event that someones injured and not present at the time or something like that.

penaltys for leaving the scene of an accident can vary, if youre exceptionaly lucky youll get off, unlikely but you could. often 9 points and a fine ensue. but as this is a slightly different case to say running over a cyclist and leaving im not certain.


hmm if I had thought about it properly it would have occurred to me.. 9 points :s-smilie: ... thanks for the info
1. did you indicate and make it clear you were passing him?

2. what do you mean by no hassle? Surely if you feel you were not in the wrong you would have made sure that details were exchanged and you wouldn't have to pay for repairs.

3. Driving off without even talking just seems silly. Like ghost said, how can you be so sure that no damage was caused to the taxi

Good luck with it all anyway, no point having a major go at you when you could be facing points and a fine.
Reply 13
InPictureLoansWeTrust

2. what do you mean by no hassle? Surely if you feel you were not in the wrong you would have made sure that details were exchanged and you wouldn't have to pay for repairs.


Exactly.
Here is how you have described the situation:

1. You overtook the taxi, and the taxi... somehow.. crashed into you. (Except you would have to actually pull in and hit him, therefore showing you didn't check your mirrors - your fault)
2. You got out, and without saying anything to the taxi driver, you made a thorough inspection of his vehicle and yours.
3. You determined that the only damage done when he allegedly crashed into you was done to your vehicle, so you decide to drive off.


Riiiiight, so he magically crashes into you and damages your car, yet you just happen to drive off and let him off with it to "avoid the hassle"? Even though it was allegedly his fault entirely?

Oh and I'm sure he was just speechless when you hit him, and I'm sure he didn't make any signal to talk to you, even though he had time to get out a pen and paper and take down your number plate.

What do you HONESTLY take us for?
Reply 14
you dont have to be intimate with the law to realise its obvious if you hit someone you aught to at least say hi?

I've been involved in a couple of minor low speed shunts. First of which was a woman in a fiesta who rolled into my arse at a T junction whilst she was putting make up on in the rear view mirror.
2nd of which was a ferrari 360c that reversed into my front end.

Neither of which damaged my car as they were both at fault i let them both off. However, I did actually take the trouble to talk to them see if they were ok and talk about what happened.

You'll know for next time though.

p.s it was a taxi... you'll be lucky if you dont get the passengers try and knobble you too!
Reply 15
Ghost
Exactly.
Here is how you have described the situation:

1. You overtook the taxi, and the taxi... somehow.. crashed into you. (Except you would have to actually pull in and hit him, therefore showing you didn't check your mirrors - your fault)
2. You got out, and without saying anything to the taxi driver, you made a thorough inspection of his vehicle and yours.
3. You determined that the only damage done when he allegedly crashed into you was done to your vehicle, so you decide to drive off.


Riiiiight, so he magically crashes into you and damages your car, yet you just happen to drive off and let him off with it to "avoid the hassle"? Even though it was allegedly his fault entirely?

Oh and I'm sure he was just speechless when you hit him, and I'm sure he didn't make any signal to talk to you, even though he had time to get out a pen and paper and take down your number plate.

What do you HONESTLY take us for?


If i was going through all of this I would have laughed... why on earth would I lie here? why? why? why? I've come here so that I can be a little bit more knowledgable as to what I am facing.. I'm not in denial I know what has happened. I'm seeking information.. whats the point is it to me to lie and gain information that will not help me???

the dent is on the side of my car so obviously I didn't crash into him... I got out of my car, then he got out of his for what seemed like after 5mins... I had a look at the cars, he was like trying to say something but didn't I imagine he was just as shaken as I was. My bf was annoyed at me aswell for not obtaining details but I just wanted to get away from it as soon as possible the dent was minor so I thought I would have preferred to just deal with it by myself, i've gone through something like this and assumed it would be a hell of a lot of hassle to get the insurers to fix the little dent. The driver acknowledged he had no dents or anything so obviously wouldn't have been in any hurry to exchange details (or so I thought)... I had a bad experience that I wanted to just forget about the second it was over.

In all seriousness he was speechless.. I'm sure if he's cab had damage he would have had some emotion/ reaction (irrespective of blame). He didn't have a pen & paper when he was outside the car I assume he must have taken that before we got out or just after (quite easily after as I didn't drive off immediately)

I won't try and explain again to you what happen b/c its not helping me with my situation and if you want to feel as though I'm lying.. you ahead it really doesn't make any differences to me or my likely outcome

InPictureLoansWeTrust_ I did indicate, I wasn't even fast but as I was overtaking the taxi sped up to seemingly regain his position. The only thing i've heard back from the insurers as to what he has said was I tried to come into his lane.

I determined the damage by looking at where he car collided with mine. In hindsight obviously I could have done more but I was not thinking straight at all. It sounds ridiculous but I seriously thought the only damage done is to my car, i'll put this incident behind me and just deal with getting the dent straighten out when I can.

I was more than surprised that the taxi brought a claim/ took action I'm guessing he's under obligation under his regulators to do so or thought he'd do so before I did...

oh well, $h!t happens I suppose.. I'm just going to have to deal with it the best way I can... thanks for all the constructive advise, guys :tsr2:
Reply 16
JC.
you dont have to be intimate with the law to realise its obvious if you hit someone you aught to at least say hi?

I've been involved in a couple of minor low speed shunts. First of which was a woman in a fiesta who rolled into my arse at a T junction whilst she was putting make up on in the rear view mirror.
2nd of which was a ferrari 360c that reversed into my front end.

Neither of which damaged my car as they were both at fault i let them both off. However, I did actually take the trouble to talk to them see if they were ok and talk about what happened.

You'll know for next time though.

p.s it was a taxi... you'll be lucky if you dont get the passengers try and knobble you too!



I now totally see and understand, I was a little bit pissed, very much shaken and tbh wasn't really sure what to say/do... I definately didn't want it to turn into a argument or into a big scene either.

eta: did you exchange insurance details
Hopefully you will get this sorted out ok...and you will know in the future that you really do need to take details etc. Even if there doesn't appear to be *much* or *any* damage. Its often worth taking them at the time to avoid realising you should have done later. Obviously you were a bit shaken at the time, and hindsight is a great thing, but you would have been much better to talk to the taxi driver at the time.

I havn't got a clue about what may happen now. My take on it, which may well be wrong! Is that if the damage was on the side of your car, then you were at least partly past the taxi. So even if you *shouldn't* have pulled out, you were partly past the taxi, so they should have waited for you to pass them. If he had hit the front corner of your car, then it would seem more likely that he was pulling out as you meet him (if that makes sense). Also, whilst you should have swapped details etc (and talked to him), he should have talked to you as well. So that bit seems like partly your fault and partly his. But as I say, havn't got a clue what will happen now.

What it probably is worth you doing, is trying to get it clear in your head what happened and writing it down (and drawing a diagram). Ideally this would have been better being done at the time, but even now its probably worth doing it, as the longer it goes on the more you are likely to not be able to remember what happened fully. Try and write it down clearly now, and it may help later on. Also, did you have any passengers in the car with you who saw what happened?
Reply 18
Cathie86
Hopefully you will get this sorted out ok...and you will know in the future that you really do need to take details etc. Even if there doesn't appear to be *much* or *any* damage. Its often worth taking them at the time to avoid realising you should have done later. Obviously you were a bit shaken at the time, and hindsight is a great thing, but you would have been much better to talk to the taxi driver at the time.

I havn't got a clue about what may happen now. My take on it, which may well be wrong! Is that if the damage was on the side of your car, then you were at least partly past the taxi. So even if you *shouldn't* have pulled out, you were partly past the taxi, so they should have waited for you to pass them. If he had hit the front corner of your car, then it would seem more likely that he was pulling out as you meet him (if that makes sense). Also, whilst you should have swapped details etc (and talked to him), he should have talked to you as well. So that bit seems like partly your fault and partly his. But as I say, havn't got a clue what will happen now.

What it probably is worth you doing, is trying to get it clear in your head what happened and writing it down (and drawing a diagram). Ideally this would have been better being done at the time, but even now its probably worth doing it, as the longer it goes on the more you are likely to not be able to remember what happened fully. Try and write it down clearly now, and it may help later on. Also, did you have any passengers in the car with you who saw what happened?


thank you that was very helpful... no passengers in my car although there was some in the cab hopefully they would be seen to be neutral to the incident.

I have done some internet research and you can apparently tell alot about the accident according the damage like the the way the scratches and dents and what not are located. I will take some pictures, already have drawn some diagrams had to do this for insurance report. I'm feeling abit better about everything. and you are right I have learned for the future although I'm in a hole now im loads more knowledgable and its not really that serious so maybe one day if someone more serious happens I will be more clued up thanks again