An elderly relative has been summoned to court for careless driving - what should we do?

An elderly relative of mine has been accused of hitting a third party vehicle which was driving along a road while my relative was reversing into a parking space. My relative's insurance company has inspected the vehicle and found no damage and there has been no response to letters to the third parties insurance company. We have now received a letter from the Procurator Fiscal to advise my relative is being charged with careless driving and if pleading not guilty will be summoned to court. The letter states a previous conviction for careless driving - but my relative has no previous convictions. What should we do?

Asked on 14 March 2019 by Melanie Isabella

Answered by Tim Kelly
The relative needs to plead not guilty and needs to attend court. They need to advise the courts that no incident occurred and that they believe the claim to be that of a "vexatious nature". Under Civil Procedure regulations, they have the right to request the evidence that will be presented in court. They need to speak to their insurer and make them aware, as it appears that the other party is trying to suggest your relative has had an incident and not reported it to the police or insurer. I also suggest that you see if they have legal assistance on their home insurance that may be able to provide assistance.
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