Car crash advice please **Update number *2* appended to original post 12/11/09** - HotUKDeals
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Car crash advice please **Update number *2* appended to original post 12/11/09**

tessb Avatar
7y, 7m agoPosted 7 years, 7 months ago
I had just pulled up at a junction and was waiting to turn right last night when some twatty boy racer drove straight into the side of my car. My car was pushed forwards and down the road a bit, and is a total write off (only 8 days old, can't believe it). The car who hit me was fairly flying even though the road had a 30mph speed limit. He drove on down a bit and crashed into a fence, I'd say his car's a write off too. Loads of witnesses approached me and said they would hang around for the police, they said they seen it all, he was speeding and lost control and hit me. One of them came up to the ambulance before he left and told me not to worry, him and his friends had seen it all and it most definitely was not my fault.

The police have just phoned me, and they want me to go in for an interview next week, and now I'm really scared. I'm not certain about anything that happened. Hubby says just to tell them what I think happened but not to say I'm not sure or I don't know, just tell them how I remember it and state it as fact.

I asked if I needed a solicitor and they said they could not advise me one way or the other, but it's my right to have a solicitor if I want one.

I'm in pain, and my mobility is affected as I can't use my walking sticks now because my neck and shoulder hurt too much. I'm so worried that they'll say it was partly my fault, although I don't think I was too far out I'm worried I may have been. I'm worried I'll get points on my licence, or even lose it.

Can anyone please advise me what to do?


****************UPDATE**************
The police have just phoned me, I have to go in for an interview tomorrow at 2pm, and bring my insurance documents, driving licence etc.

The good news is that the policeman said that as it stands I have nothing to worry about at this stage, so I think that sounds good

He said I was very lucky to be relatively uninjured as it was such a serious collision, as I was stationary I take this to be a fairly good indication that they know what speed the other driver was doing, and it was excessive.

I'm so relieved, I've hardly been able to sleep since last week for worrying about this. Thanks again to everyone for the advice and kind wishes x

******************Update2*******************
Thanks again to everyone who gave helpful advice.

I got a letter from the PPS to say I am not being prosecuted. I phoned to find out if any action was being taken against the other party. The PPS said that the other driver is being done for driving without due care and attention, and also for driving with defective tyres. Apparently his tyres were bald, so that's probably part of the reason he lost control. I just hope he doesn't appeal so I don;t have to go to court, but I imagine that there is no way he can argue with bald tyres.
tessb Avatar
7y, 7m agoPosted 7 years, 7 months ago
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1 Like #1
Tell them what happened?
#2
Oh I am so sorry about the car. Im sure its just a formality with the police. Sounds like it wasnt your fault - maybe he is claiming it is. Do you have the witnesses names and address? DId the police come to the accident?
1 Like #3
Oh sweetie, I feel so sorry for you.

Take a couple of minutes and write down now all you remember as and when it happend. Don't worry if you cant remember exactly, just state you cant remember exactly.

You've had a shock.

These notes will help you when you have to go in to your interview. Take them in with you and tell who you speak to you felt frightened and this is how you remember what happened.

They should be able to reassure you.

Honey, you havent done anything wrong. This is just an unlucky turn of events for you. An accident.

Just take your time, make some notes and you'll feel a little better afterwards x x x
#4
Were you waiting at the junction or had you pulled out ?

Sorry just reread it,
#5
I agree with hubby....tell them that you're not certain because it all happened so fast (I doubt many people will be able to remember details in that situation) dont try and tie things together, just say EXACTLY what you can remember, even if its only little bits.
The police will piece together your statement with the witnesses, they will prob remember more details than yourself as they werent directly involved.
If you want a solicitor get one, completely upto you, you dont need to worry about anything, just dont make things up and remember not to let the police put words into your mouth (think about every word you say before you say it). However if you really are so stressed about it, and it would make you feel better then get one.
Hope it all works out for you and hope you feel better soon...I'm sure the police/insurance companies will be able to sort it out without any probs....dont worry :)
#6
ClarityofMind
Take a couple of minutes and write down now all you remember as and when it happend. Don't worry if you cant remember exactly, just state you cant remember exactly.
These notes will help you when you have to go in to your interview. Take them in with you and tell who you speak to you felt frightened and this is how you remember what happened


great idea.....+1
1 Like #7
Just wanted to say - just because it looks like he was at fault it does not mean insurance will agree. Someone I know was driving around an area near their work which was one way, someone went wrong way. They said it was my friends fault as "apparently" they were speeding. I had an accident once, pulled out turning right on a junction and even though the driver who hit me was speeding down the hill insurance blamed me. IF you pulled out they may blame you I am afraid
#8
OP, draw a picture of what happened:thumbsup:
#9
The police were called to the scene last night, as were ambulances, so I've been down and checked out. I was lucky, I was able to walk away, the other driver was screaming about his back (but he was also yelling he had only been doing 30 mph). I don't have the witnesses names and addresses, I wasn't with it enough to think to make a note - I couldn't even remember my phone number, thankfully it was around the corner from the house so someone ran and got my hubby.

I'll make notes now, but hubby has me so worried, he keeps saying I need to be definite and sure, and I'm not to say I don't know or I can't remember cos the other guy will have his story straight and I need to have mine straight too.
1 Like #10
sounds like you have nothing to worry about, just tell the truth.
1 Like #11
ClarityofMind
Oh sweetie, I feel so sorry for you.

Take a couple of minutes and write down now all you remember as and when it happend. Don't worry if you cant remember exactly, just state you cant remember exactly.

You've had a shock.

These notes will help you when you have to go in to your interview. Take them in with you and tell who you speak to you felt frightened and this is how you remember what happened.

They should be able to reassure you.

Honey, you havent done anything wrong. This is just an unlucky turn of events for you. An accident.


Just take your time, make some notes and you'll feel a little better afterwards x x x




This perfect advice and get a medical report as well

Take care and good luck

mike x
#12
Shengis
OP, draw a picture of what happened:thumbsup:


Crikey, I wouldn't know where to start, I was stationary waiting to turn right, he was driving down the road, somehow went off the road and smacked into me.
#13
Yes as everyone has said tell the truth to the police.
#14
tessb
Crikey, I wouldn't know where to start, I was stationary waiting to turn right, he was driving down the road, somehow went off the road and smacked into me.


Did you ACTUALLY pull out?
#15
bargainhunter2009
Just wanted to say - just because it looks like he was at fault it does not mean insurance will agree. Someone I know was driving around an area near their work which was one way, someone went wrong way. They said it was my friends fault as "apparently" they were speeding. I had an accident once, pulled out turning right on a junction and even though the driver who hit me was speeding down the hill insurance blamed me. IF you pulled out they may blame you I am afraid


What happened when they decided it was your fault? Did you lose your licence? I've never been in an accident before, I'm absolutely terrified of what may happen :thinking:
#16
tessb
The police were called to the scene last night, as were ambulances, so I've been down and checked out. I was lucky, I was able to walk away, the other driver was screaming about his back (but he was also yelling he had only been doing 30 mph). I don't have the witnesses names and addresses, I wasn't with it enough to think to make a note - I couldn't even remember my phone number, thankfully it was around the corner from the house so someone ran and got my hubby.

I'll make notes now, but hubby has me so worried, he keeps saying I need to be definite and sure, and I'm not to say I don't know or I can't remember cos the other guy will have his story straight and I need to have mine straight too.


if you arent sure then say you arent sure because if you swear something is so and you cant remember it is someone will be able to pull that story apart and show you to be deceptive and then they wont believe you on anything.

just write down what you CAN remember.

Dont try and put two and two together if you honestly arent sure.

Just stick to what you know to be the case.

That way you'll feel more confident.

And dont worry sweetie, things will be just fine, everything will be ok x x
1 Like #17
tessb
The police were called to the scene last night, as were ambulances, so I've been down and checked out. I was lucky, I was able to walk away, the other driver was screaming about his back (but he was also yelling he had only been doing 30 mph). I don't have the witnesses names and addresses, I wasn't with it enough to think to make a note - I couldn't even remember my phone number, thankfully it was around the corner from the house so someone ran and got my hubby.

I'll make notes now, but hubby has me so worried, he keeps saying I need to be definite and sure, and I'm not to say I don't know or I can't remember cos the other guy will have his story straight and I need to have mine straight too.


Im sure he means about the things you remember....like I said, dont try make things up to make sense...thats when you get things wrong and you look dodgy.
He prob means make sure you're sure of everything you do put down...You dont need to recall the whole event...just be sure of the little bits you do remember.
Even if you can only remember been at the junction then nothing til you were talking to the paramedics for example, dont make things up, just tell the truth and you'll be fine
#18
bargainhunter2009
Did you ACTUALLY pull out?



No, but there is a large hedge, you do need to nose out a little to see up the road. I don't even think I had nosed out a little as I had just pulled to a stop and had only looked one way, to the right, and then I saw him coming at me. I hadn't had a chance to look left yet, which I why I think I hadn't moved forward at all.
#19
tessb
What happened when they decided it was your fault? Did you lose your licence? I've never been in an accident before, I'm absolutely terrified of what may happen :thinking:


NO just insurance company found it was my fault (lost no claims etc)
I dont think you have done anything wrong - dont understand why the police are getting involved.
#20
take a walk round the corner to where it happened see if that helps you remember x x
#21
tessb
No, but there is a large hedge, you do need to nose out a little to see up the road. I don't even think I had nosed out a little as I had just pulled to a stop and had only looked one way, to the right, and then I saw him coming at me. I hadn't had a chance to look left yet, which I why I think I hadn't moved forward at all.


It does sounds like he was at fault - just get your insurance company to fight for you.
1 Like #22
They just need a statement so don't worry. They maybe a putting a case against the other driver. Well the big give away that it cant be your fault is you were stationary. Hitting a stationary vehicle is always his fault.
#23
bargainhunter2009
NO just insurance company found it was my fault (lost no claims etc)
I dont think you have done anything wrong - dont understand why the police are getting involved.


The police are getting involved because the other driver ended up in someone's garden, he crashed through their fence and the policeman mentioned tonight that the person who owns the house is claiming for porperty damage - quite rightly too.

Also, as the other guy was yelling to anyone who would listen that he was only doing 30 mph (someone replied ****** you were lol) I imagine he's saying it wasn't his fault, so I think they're trying to establish liability, The policeman on the phone tonight said that things were a bit vague, and they needed clarified. He also said he was new to the job and had no idea how long it would take to resolve :roll:
#24
GAVINLEWISHUKD
They just need a statement so don't worry. They maybe a putting a case against the other driver. Well the big give away that it cant be your fault is you were stationary. Hitting a stationary vehicle is always his fault.


lol....i doubt it would be 'their' fault if i went and parked on the M1:whistling:
#25
ClarityofMind
take a walk round the corner to where it happened see if that helps you remember x x


We took a look last night on the way home from the hospital. I can't go anywhere today, my lower stomach is so badly bruised from the seat belt that I can't wear underwear or skirt/trousers:w00t: I'm wearing a big nightie right now, but I can't leave the house like this!!

Hubby took a few pics and a short video last night, I've had a look at it but it really doesn;'t even seem as if I was there at the time.
1 Like #26
As Shengis said, draw a picutre giving locations of vehicles.:thumbsup:

....and don't worry.
#27
lil_tiger
lol....i doubt it would be 'their' fault if i went and parked on the M1:whistling:


No under the road traffic act you must leave a safe stopping distance so if you stop on the M1 and somebody crashes into you its their fault. If you park thats a different matter.:thumbsup:
#28
GAVINLEWISHUKD
No under the road traffic act you must leave a safe stopping distance so if you stop on the M1 and somebody crashes into you its their fault. If you park thats a different matter.:thumbsup:


...but i would be a stationary vehicle and they would be hitting me....:whistling:

besides....driving too slow for the speed limit can also be classed as hazardous....therefore being stationary in the wrong place must be extremely hazardous and any accident your fault....just proving you wrong thats all :)...im bored lol

ps im NOT saying the accident in the thread is your fault AT ALL x
#29
tessb
The police are getting involved because the other driver ended up in someone's garden, he crashed through their fence and the policeman mentioned tonight that the person who owns the house is claiming for porperty damage - quite rightly too.

Also, as the other guy was yelling to anyone who would listen that he was only doing 30 mph (someone replied ****** you were lol) I imagine he's saying it wasn't his fault, so I think they're trying to establish liability, The policeman on the phone tonight said that things were a bit vague, and they needed clarified. He also said he was new to the job and had no idea how long it would take to resolve :roll:


the police officer should be providing you with clear and consistent support if they need a statement from you.

Basically, they will be trying to bring charges against the other driver.

They dont have enough evidence to present to the CPS as yet. Hence they need your statement.

That's all it is sweets, nothing against you. You havent done anything wrong x x
#30
tessb
We took a look last night on the way home from the hospital. I can't go anywhere today, my lower stomach is so badly bruised from the seat belt that I can't wear underwear or skirt/trousers:w00t: I'm wearing a big nightie right now, but I can't leave the house like this!!

Hubby took a few pics and a short video last night, I've had a look at it but it really doesn;'t even seem as if I was there at the time.


if you are bruised visibly TAKE PHOTOS. this is evidence.
1 Like #31
Sorry about the accident ,hope your not hurt to bad. Go straight to the doctors for a start and tell him/her what happended . Write down what happended .....right now ..........while it's fresh in your mind .Your insurance company will need to know all the facts. When involved in an accident .........if it's possible ..........allways get names and addresses of any witness's and phone the police . It's a GREAT idea to keep a camera in the car for the very purpose of recording the scene as it happened ,scid marks , car damage etc.
I got hit on the A1 many years ago by someone who wasn't looking where he was going and was doing 60 while looking in the rearview mirror. He did manage to brake , but he still hit my car . We both stopped , I had a camera in the the car and recorded the damage , skid marks .etc I got the details from 2 independant witneses who had stopped at the scene .My insurance company got all the facts and photos and the other driver didn't stand a chance .I went to the doctors , I had whiplash and a few other things and everything was taken into account. I got a cheque to cover the cost of the car ,I was allowed to keep the car , I renued the bumper and rear paneland and drove it for another 3 years before selling it . I also got a 1000's for my injurys .
If it was'nt your fault , claim for as much as you can and take the other driver to the cleaner's ...........that'll teach him a lesson .hopefully.
I had Driver Legal Protection who did all the work , but you may be able to get help from your insurance company.
I hope it turns out alright for you , but ask your insurance company for advice.
#32
Firstly, bad luck, as long you are in one peice, we here wouldn't want to loose you :)

Secondly just tell the police exactly what happened and just stick to the facts, don't guess or try and make it up.

I had a similar incident about 10 years ago and now I always carry a cheap disposable camera in my car in case it ever happens again.

Don't worry, you were NOT at fault and did nothing wrong, I just hope they throw the book at the young holligan.
#33
lil_tiger
...but i would be a stationary vehicle and they would be hitting me....:whistling:


Being stationary and being parked are totally different things as is been broken down.:thumbsup:
1 Like #34
sounds like you are being interviewed under caution. I imagine both drivers will be. You were probably both breathalysed also even though you may not have had a drink.
This is a PRECAUTIONARY measure and quite often the case until all witnesses have given their versions and any evidence at the sene has been gathered.
Just to make one thing clear this is not an accident - it is a collision. The court will hopefully establish the other driver to be at fault, but there is a process to go through, which will of course, worry you until the police establish all the facts
Please get yourself checked out at the hospital on a regular basis and make sure you contact your insurers
At the police station you will be invited in to an interview room and the interview will either be tape recorded or written (contemporaneous) down one question and answer at a time. You will probably be cautoned at the start and then reported at the end. You can have legal representation and will be free to leave at any time.
Tell the facts as you recall them, if you dont remember, say so. However, if he does remember facts and you dont, then there may only be his version. write the facts down as you recall them and use them to refer to during the interview, take some pictures in with you of the site, drive the route again to see it from a drivers perspective
Any help you want, let me know
#35
Where is dog_cop when you need him!:roll:
#36
I was trying to rep everyone who had replied but it's saying I've given out enough for the last 24 hours, I will come back and leave rep for everyone, your help and advice is really appreciated
#37
GAVINLEWISHUKD
Being stationary and being parked are totally different things as is been broken down.:thumbsup:


ok...well stopped then....with the engine on still....stationary, just meaning being stationary doesnt automatically exclude liability :)
#38
ADZ1478
sounds like you are being interviewed under caution. I imagine both drivers will be. You were probably both breathalysed also even though you may not have had a drink.
This is a PRECAUTIONARY measure and quite often the case until all witnesses have given their versions and any evidence at the sene has been gathered.
Just to make one thing clear this is not an accident - it is a collision. The court will hopefully establish the other driver to be at fault, but there is a process to go through, which will of course, worry you until the police establish all the facts
Please get yourself checked out at the hospital on a regular basis and make sure you contact your insurers
At the police station you will be invited in to an interview room and the interview will either be tape recorded or written (contemporaneous) down one question and answer at a time. You will probably be cautoned at the start and then reported at the end. You can have legal representation and will be free to leave at any time.
Tell the facts as you recall them, if you dont remember, say so. However, if he does remember facts and you dont, then there may only be his version. write the facts down as you recall them and use them to refer to during the interview, take some pictures in with you of the site, drive the route again to see it from a drivers perspective
Any help you want, let me know


Thanks ever so much, I was breathalysed although I had completely forgotten about it till you mentioned it!! I do need to write everything down, I am still a bit shocked. I have made notes in a Word doc and as I remember more I'll write it down.Do you think this will go to court? That terrifies me!!
#39
lil_tiger
ok...well stopped then....with the engine on still....stationary, just meaning being stationary doesnt automatically exclude liability :)


Well if you are in the car with the engine running and you haven't finished your journey and your car is not in motion then technically you are stationary.
1 Like #40
If their is the slightest possibility that you had edged out then it could be your fault.

However from the sound of it, The other driver was at fault, You sound confused and still in shock.

I think you need to try and stop worrying too much, Try not to think too much about it. It could of been so much worse. When you get over the shock you'll probably remember it better.

Whatever happened, I very much doubt you'll get any points on your licence. Unless you'd been drinking, Driving erratically etc... Even the other driver will probably not get any comeback from the police as it's an insurance issue.




Accidents happen

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