Crashed into whilst using cycle lane!!!

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subaqua

What’s the point
Location
Leytonstone
Technically it's not an RTC because there was no damage or injury.

The driving however does amount to at the very least, driving without due care and possibly dangerous driving.

Inform the police but I'm afraid proving it without any kind of video or independent evidence will be like plaiting fog.


no evident injury. OP may wake up tomorrow aching all over so it will be an RTC , call the police . for a start the vehicle is unlicensed and uninsured and the local constabulary will love removing it from the road.
 

Dave W

Well-Known Member
but I thought that in any case of accident, both parties are obliged to stop? Or how would he know of he injured anyone? :wacko:

There are different legal definitions of an accident, the one relating to exchanging details and the requirement to stop is damage or injury must be caused, if it isn't there is no requirement to stop or exchange details.

Yes, the other driver morally should have stopped but if there is no damage or injury caused then he can't be prosecuted for failing to stop at an accident because by the legal definition, there wasn't one.
 
Technically it's not an RTC because there was no damage or injury.

The driving however does amount to at the very least, driving without due care and possibly dangerous driving.

Inform the police but I'm afraid proving it without any kind of video or independent evidence will be like plaiting fog.

I am sure a bit of friendly sandpaper and perhaps a good kick from a 'mate' would provide some 'injury' to the claim.

Sheesh. No imagination these youngsters. (And yes, I am joking...sarcastically.)
 
There are different legal definitions of an accident, the one relating to exchanging details and the requirement to stop is damage or injury must be caused, if it isn't there is no requirement to stop or exchange details.

Yes, the other driver morally should have stopped but if there is no damage or injury caused then he can't be prosecuted for failing to stop at an accident because by the legal definition, there wasn't one.

I understand the 'legal' position (thanks for the reply :smile:) , my point is that how can you ensure that there is no damage or injury unless you stop? It doesnt really make sense, but then again I learnt a while ago that justice does not mean 'just' :angry:
 

julesdavis1965

New Member
Location
maidstone kent
I was hit by a black Mercedes estate, GF08 MXL on Loose road at approximately 5.15pm today!!!!!

He slowed along side and looked at me, I looked at him and thought nothing of it assuming he was slowing for the lights ahead, he suddenly wheel spun and the rear of the car swung into me.

He sped away, no one stopped either, just wondering what I can do to report this, or if I even should report this as the only damage is to my pride.
 

Alembicbassman

Confused.com
S.170 RTA 1988

170 Duty of driver to stop, report accident and give information or documents. E+W+Shttp://(1)This section applies in a case where, owing to the presence of a [F1mechanically propelled vehicle] on a road [F2or other public place], an accident occurs by which—

http://(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

http://(b)damage is caused—

http://(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

http://(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

http://(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

http://(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

http://(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.

http://(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

http://(5)If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of [F4a motor vehicle] does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act—

http://(a)to a constable, or

http://(b)to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

http://(6)To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver—

http://(a)must do so at a police station or to a constable, and

http://(b)must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

http://(7)A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within [F5seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

http://(8)In this section “animal” means horse, cattle, ass, mule, sheep, pig, goat or dog.
 

apollo179

Well-Known Member
Clearly it is an rta and the driver should have stopped.
The only issue is whether Wankelschrauben can be bothered to report it.
Be thankfull you wernt hurt - you should report it btw.
Medway seems to have its fair share of these neerdowells as the country generally increasingly seems to.
 

sadjack

Senior Member
I would say that his actions could amount to dangerous driving, hard to prove perhaps without witnesses but a starting point for a police report. If he has no VEL then he likely has no MOT or insurance.

Report him. Let the police sort it from there. If they do not proceed with the driving aspect the other offences will do! Even if they decline to prosecute on your evidence alone, he will be on their radar for a stop.
 

perplexed

Guru
Location
Sheffield
Fine, try and report it as an accident then.

An RTC is a Road Traffic Collision. Which seemingly is what occured.

It is eminently reportable, injury or not, not least because the other party failed to stop. Thats certainly an offence in it's own right...
 
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