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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I've received a requirement and address of driver, am I

Customer Question

Hi, I've received a requirement for name and address of driver, am I going to be prosecuted?
JA: The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: There was a road accident between me in my car and another car. We both stopped he took my registration we both said we felt OK and agreed to get on our ways. I got in my car drove home then the next day informed my insurance company although in the shock I had failed to get any information ?
JA: OK. The Traffic Lawyer will need to help you with this. Is there anything else the Traffic Lawyer should be aware of?
Customer: No that is all. Also when I reported it to my insurance company I could not remember exactly how it happened but since I have as I was approaching the roundabout and the other car was approaching for the left therefore I had right of way.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 6 months ago.

I think you have received a section 172 request to name the driver at a particular date location and time. From the Police?

Is that the situation and is there a problem with saying who the driver was?

As much background detail as possible is really useful please. Thank you

Customer: replied 6 months ago.
it says it's form 963 and I have no problem with confirming I was driving however it states I'm liable for two offences although I don't believe I am?
Customer: replied 6 months ago.
I provided the background if you need anything else please let me no
Expert:  Stuart J replied 6 months ago.

What are the 2 offences?

Customer: replied 6 months ago.
Driving a mechanically propelled vehicle on a road or other police place without due care and attention
Customer: replied 6 months ago.
Failing to stop after an accident and exchange particulars/failing to report an accident to the police as soon as reasonably practicable and within 24 hours.
Customer: replied 6 months ago.
public place
Expert:  Stuart J replied 6 months ago.

What are the curcumstances?

Customer: replied 6 months ago.
Had a car accident at a roundabout I was continuing straight over the over car was coming from the left side. We then pulled over after having the accident he took my registration we both ensured we were ok. Then we continued on. In the shock I didn't take any details but informed by insurance company the next day they explained not to worry that I hadn't got any details.
Expert:  Stuart J replied 6 months ago.

Thank you.

Well what you have said, there was an accident which you failed to report to the police. That is an offence.

To be honest, I don’t see how you can get away with that based upon what you’ve told me.

You can be charged with failing to stop if you didn’t give sufficient details to the other driver even though you may have actually stopped in that the wheels of the car stopped earning and you got out.

It’s not simply enough to give just your registration number, you have to give your name and address. A bit academic really because the registered keeper details can be obtained easily from the registration number but that detail is not necessarily the driver which would obviously have been you.

With regard to the allegation of driving without due care and attention, it depends on the mechanics of the accident but if you were already established on the roundabout and the other car hit you joining the roundabout from the left, then it’s unlikely that the case would be proved.

If however the car was coming from the left and you, for example pulled in front of it as would happen if you started going round the roundabout and took the exit on the left at the last minute causing the other car on the roundabout to ring to your passenger side, then it could be proven.

I will tell you that certainly from a solicitors point of view with regard to personal injury cases which is what we most often get involved with, roundabout accidents are extremely difficult to prove one way or the other and it’s difficult to prove one way or the other with regard to a civil claim which has to be decided on the balance of probabilities, it is even more difficult for a criminal prosecution which must be decided beyond all reasonable doubt.

It would very often depend whether there are any independent witnesses (not car passengers) to events.

Notwithstanding any of the above, you have to give details of the driver and if you don’t do, you actually commit an offence by not giving those details.

I’m not certain whether that answers the question for you or not but I am happy to answer any specific points arising from this.

Please do not forget to use the rating service to write my answer service positively so that I get paid for my time.

You may get the impression that the thread closes after rating but it does not, it stays open and we can still exchange emails if you need to follow up any point.

Kind regards

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