Did anyone see the article in Telegraph Motoring on 28th June describing "bad driver types"?
One was the "not my fault" types who after an incident that is plainly their fault, cannot accept it.
The other day, I was a victim and this article was so accurate!
There I was, minding my own business sitting in the nearside lane at a red traffic light. The righthand lane is a filter lane for right turners a few yards further ahead.
In the righthand lane next to me was a red car that was also minding its own business ready to head off to turn right. Fine.
Lights go green, off we go. Suddenly out of nowhere, a car comes racing along in outside lane with a view to pass me but suddenly sees the red car in front of it waiting to turn right, so racing car pulls straight in front of me giving me the nearest miss that I have ever had in over 20 years of driving.
The only reason it was a near miss was because I jammed my brakes on, steered to the nearside to avoid said car, was forced up the kerb chipping the kerbstone and came to a halt. The racing car ignores my rather sudden hooting and trundles off into the distance.
As I could only have been doing about 30, I assume that the tyre/wheel will be in one piece/round, so I decide to set off in pursuit of said troublemaker to write its number down.
Said car turns into a house so I pull up - remarkably calm. Out gets the driver who is, wait for it, a middle-aged "well to do type" lady. I calmly ask her "are you aware that you forced me off the road just then and you may well have caused some damage to my tracking" etc.
She says, "well there was a red car in the way". To which I reply, "the red car was waiting to turn right out of its right turn filter lane and you went straight on hence forcing me out of your way." She tells me not to make such a fuss.
I then tell her that as I have her car number, know where she lives (and now have her name)I shall forward the cost of any repairs necessary to my car to her.
Should I?
The car is going in for a tracking check tomorrow and I also note that the tyre wall was cracked by the impact.
The damage is one thing but what really got me was her attitude, sadly all too common.
RB
|
|
It's amazing how many of these 'safe' women drivers you see doing 45 in a 30, with their baby on board sticker in the back window.
|
|
|
|
An impact like the one you describe is almost certainly going to result in the need for a tracing check, a new tyre, maybe a new rim,(steel or alloy?) I did this once and although the tyre looked OK externally it was a real mess inside when it was taken off the rim. I suggest you give her a written statement outlining your version of events, the bill, and tell her that you will proceed through the small claims court within 14 days if she fails to respond. Send it recorded or even registered. As there was damage should the police have been informed? They might not do anything but it might be worth having it on the record. Good luck!
|
When I first started to drive I severely cut someone up on my way to work. It was a really foolish manouvre and I was definately at fault. A few days later a letter arrived through the post asking me to contact given police station to put my side of events. It really scared me.
Since then I have bothered to stop and report such incidents to the police, and they have always let me know, by letter, that they have followed the matter up. OK, so it takes up some of your time to bother to go to the nick, but if it makes the errant driver think about their actions, then it's worth it.
|
Why not just ask the lovely lady for her Insurance Details and claim that way ?
You could also report her to plod for failing to stop at the scene of an accident.
|
Yes, go ahead and report it, and claim the costs from her insurance company. That'll make her think a bit more about her driving.
Reminds me of an accident I had once. There is a junction between the A41 and A1 in NW London which is rather an odd shape, but it is basically a dual carriageway, with a slip road on the left, a right turn under a bridge, and a slip road going round to the right for people who want to double back. I was in the outside lane, going under the bridge, perfectly legitimately, when a middle aged woman in a Sierra decides she wants to double back round to the right, but she's in the inside lane. So what does she do? Cuts right across in front of me without a care in the world. I had to veer sharply to the right and still couldn't avoid hitting her. She was convinced I was in the wrong, and thought I must be one of those types driving with no insurance! I wonder if she changed her attitude when she lost her no claims bonus.
|
Sorry to be a bore but sometimes I wish I lived in a land where such an occurrence wpould inspire someone to actually get ut his computer and post the sort experience which I encounter anywhere up to 4-5 times per km driven and consider normal!
Well actually I don't because they drink warm beer over there and the women have big behinds......
...outta here
|
As damage was caused to your car then there was an obligation on (her) to stop. Offence not to do so. But High Court decision has held that she must be aware of the accident, which due to no contact she could reasonably put forward to negate the charge.
Still remains the fact from what stated she has driven without due care and attention at the very least. What is the state of independent witnesses?. In a no collision case with one against one, then doubtful CPS would take through the Courts. If there are witnesses then report to Plod to see if they will run it. Not reporting such incidents does nothing to help the overall position re safe driving.
There is still the avenue to chase for payment of your repairs if she doesn't cough up through the Small Claims Court which is a very easy course of action to take.
DVD
|
Thanks for your thoughts and comments so far.
Re witnesses - well no, although as I was straddled on the pavement for a few moments, a couple of vehicles may have gone by in the outside (right filter) lane, but I got going rather quickly to catch her up!
I am expecting that when I do knock on her door, she or hubby may well tell me where to go - nice house, nice area in fact! She will probably be in complete denial that anything happened.
Co-incdentally, her car is the same make of mine, supplied by the same dealer! No I won't ask the dealer to sort her car for her the next time it's in for a service!
Depending on what the damage/bill is, I shall decide whether it'll be worth pursuing.
|
I hate to say it
She will put in a defence that she did no such thing, she has no idea how your car was damaged, and was only aware of your car when it appeared behind her driving dangerously and stopped outside her gate. As you have the same car, she may add it is a common car and colour and you may have had such an incident but not with her.
No witnesses, no contact, no cigar!
|
|
|
Monte Guano,
I\'ve deleted your post as such actions cannot be endorsed here. Please refrain from posting acts of revenge that break the law. DD.
|
|
|
|
Last year I witnessed a woman reverse out of a parking space at Sandbach services, straight into a car waiting to let her out. She hit it. There was a loud bang and both cars rocked. She drove off.
It went to court in March this year. She claimed to have not been aware of the incident, even though she accepted it must have happened as their were two independent witnesses, myself being one of them. She got off failing to stop and report because it couldn't be proved that she was aware of the incident.
In my mind there was no way she could have been oblivious. The CPS prosecutor said that if she ever had to defend someone for similar in the future, she would tell them to say they had not been aware of the accident as their is no way to prove otherwise.
|
|
|
|
|
I recognise how upset you are. We all would be.
Devil's advocate says "be careful about phrases like:
Suddenly out of nowhere, a car comes racing along in outside lane "
Cars don't come from nowhere. I presume you have independent witnesses?
If not, I don't think you will get anywhere with this.
|
I'm with Gen on this one - if she is smart, she will simply say that it didn't happen and there are no witnesses.
Of course she is stupid enough to mistake your car for a gap, so all is not lost yet. It is quite possible that she will acknowledge your version of events but fail to appreciate how this puts the blame on her.
I had almost the same thing happen to me - I actually swerved to avoid someone who had stopped on a bend though, so there was no point in pursuing them via insurance. Total cost was £82 for a wheel and tyre for the Fiesta I was driving as an irresponsible nineteen year old.
If your costs are in three figures, the risks of pursuing an action in the small claims court are so small that it may be worthwhile going that way even if you get nowhere with a claim through her insurer.
|
well if you get really upset
i) you saw her do it, its an arrestable offence, you can make a citizens arrest, use minimum force to detain her and drag her to the local court house - hardly anyone does this nowadays - mores the pitty
ii) she would never be found guilty in a criminal court without another witness or evidence such as video, but the few hours of "arrest" would be hassle for her to say the least
iii) small claims court makes sense, civil court is much more 50 50 whether you'll get anywhere, try an speak to her with a witness there first... but in any case she may not want the hassle of taking a day off work to defend a small claim in court and so may just pay up anyway, and as mentioned its a small enough fee to make it worth the gamble if you are really upset
iv) set up a website telling the world how horrible she is etc
|
i) It is NOT an arrestable offence as it does not carry a five year prison sentence for a first time offender. Therefore you could be accused of assault and false imprisonment, both much more serious than anything you could accuse her of.
ii) Agree
iii) Agree, but without a witness you are unlikely to have any evidence. You should probably report it to the police and see what they say.
iv) Can you spell Libble, I mean Leibel, I mean Libel? A website is also likely to be completely ineffective other than in annoying her and getting her expensive lawyers on you.
|
|
which offence are you talking about there then?
|
|
|
|
Miat makes a good point with the CCTV. Almost all of every city centre and outside shopping areas is covered now. If you're quick, you may get the tape of her indiscretion. Then its a clear cut case and she'll pay up before court becomes necessary.
Worth a try?
|
Hey gang, I'm not that upset! Just frustrated, I guess. But that's life.
The location was semi-rural and there are def no CCTV cameras around there. And as mentioned, no witnesses, so it really would be my word against hers and, as has been pointed out, I can't prove that her actions caused the damage to my car - I could have been just "careless" and kerbed it anyway (which I def didn't, but at least I know that and my conscience is absolutely clear).
I shall not intend to lose any sleep over the matter and rather than get heavy with her, I may just pop round/write and remind her of the incident and that I have paid however much the final bill will be. Should she offer to contribute, then fine.
Also, without going into too much detail, and without blowing things out of proportion, I am quite well known (not for bad reasons I hasten to add!) in my area and any publicity and the such like of any potential action etc., would not be helpful for me. There, that's got you wondering!!!
There's enough hassle in this world really. But then again!
Thanks again.
RB
|
|
|
|
|
|
Just to let you know (should you be interested) that I've had the wheel and tracking checked.
The end result is not so bad. The left front wheel was 4 degrees "in", the wheel was undamaged and the diagnosis of the tyre was that it was just a scuff. It will be due to be changed in a couple of thousand miles time anyway.
The bill came to £19.99 - I don't think I'll pursue the dear lady concerned!
Thanks for your various replies and comments.
RB
|
|
|
