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Forced into a curb and off the road


rabster

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I can see the OPs angle, that he want retribution on the woman probably not financially from what I can see but just to give her a good kick up the backside for lying about her details which she clearly was etc. I have on a few occasions thought about making a big deal out of something because I end up paying for someone else being a pi$$taking ar$e. But, give it a few days, the dust settles, you get over it. If you want to do something then write her name and reg number onto a big sign and stick it on the roundabout with the following text 'I am a fcukwit driver avoid me NUMBER PLATE, CAR, NAME' and leave it at that.

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To be fair I still can't understand how there would be a need for evasive action.

 

If they're on your offside rear quarter, I'm sure she wasn't going to drive straight into you, especially if you're both taking the same exit. If you weren't exiting then maybe I could understand and that she was forcefully trying to exit whilst another vehicle is in her path.

 

Either way you have right of way. If they hit my car they'd have a seriously high repair bill!

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I appreciate that from my tone above this next piece of advice may come across as a little condescending, but lots of good folks have given you some very good bits of advice on here regarding this situation and your tone with them has been somewhat less than polite. I understand you're angry at the situation, as might well I be, but taking it out on people on here isn't on IMHO. You'd do well to listen to the advice given and move on, however if you choose to pursue this through the civil courts then I'll stand on the roundabout in question stark bollock naked except for a sign saying "RABSTER IS AWESOME" if you actually get a result from it. Move on, life's too short.

 

 

thanks for the advice i didnt realise people felt i was being un appreciative of the information offered.

 

by going to the police i did it yes because i was annoyed at the fact somepeople have no road discipline and long gone are the days where "sorry if this sounds wrong or gets me in trouble" the police would do the job of the police and uphold the law prosecute or fine for dangerous or bad driving.

 

if the woman had pulled over at the 1st available safe point and admitted she had done wrong apologised that would have been the end of it and yes i would have just gone off on my way to get the wheels refurbed, however she did not she didnt even put a hand signal up to acknowledge i was there.

 

the police have been notified by a member of the public about a driver driving in an unsafe manor and she needs to be warned that her actions have consequences, and could result in a serious accident

 

If i had let her swipe the side of my car the discussion here would be completely different but ultimately the facts are still the same are they not ?

 

if as people have said above the pollice wont do anything then that is fine if however they find maybe that she isnt insured hence not able to offer any information then surely this is helping all of us that do in getting un insured drivers off the road (i know its unlikely but this day an age you never know)

 

so i will say thank you to all the comments made so far just to clarify im not ignoring them nor am i trying to be rude, most of the response made today have been made from a mobile device which as some will know isnt the easiest to use :doh:

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To be fair I still can't understand how there would be a need for evasive action.

 

If they're on your offside rear quarter, I'm sure she wasn't going to drive straight into you, especially if you're both taking the same exit. If you weren't exiting then maybe I could understand and that she was forcefully trying to exit whilst another vehicle is in her path.

 

Either way you have right of way. If they hit my car they'd have a seriously high repair bill!

 

i'm with wasso here this makes no sense to me

why didn't you accelerate ahead? seems to me you were paying more attention to where you had been,not to where you were going and accidently kerbed your car

i understand your frustration but let it go,i'm sure the police would be more interested in how aggressive you were trying to catch up and stop the woman than the damage to your wheels imho :thumbs:

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As much as it is annoying, i have to agree with the majority of comments on here. At the end of the day its her word against yours as witnesses can change their tune or solicitors can twist what they say. From my experience, even if you go to court, they wont do anything and I doubt if the police will either.

 

Ive had a couple of accidents in the past. One, I had a woman pull straight out in front of me when I was on my motorbike. She saw me, but still pulled out. I hit the side of her car and went over top of it. She stopped and said she didnt see me. Witnesses stopped and said it was her fault. Went to court and ended up 50/50 liability. God knows why, so I lost no end of my ncb and had to get my bike repaired myself. The other accident, I was stationary behind a parked car waiting for an oncoming car to pass so I could continue my journey and a boy racer piled into the back of my car at about 50mph. (in a 30mph zone). My car was written off, the force of the accident threw me back so hard that the seat mountings ripped out of the bottom of the car floorpan. Police turned up, and after a few weeks I got a letter saying they werent going to prosecute due to lack of evidence?!. My brother also had an accident many years ago where someone basically rammed him off the road - his car ended up upside down in a ditch, totally written off. The other car never stopped. The other car then changed his mind and came back to the scene 30mins later and admitted it was him to the police. Police never bothered prosecuting that driver either - he just got sent on a speed awareness course.

 

So, in my experience, id just take the hit and get the wheels done myself. These days I drive like a grannie and am totally paranoid about other cars stopping suddenly or getting too close to me. :(

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i know that juction well, driven it many a time used both lanes to go down the road you were heading. the biggest issue is driver awareness on that road. yes the lady was in the wrong place, but its as much about your awareness/reaction as it is hers.

 

its a bug$er when things like this happen, i think you'll probably have the police send a letter of warning (my friends had one) and that will be it. sadly it will be your pocket hit for the refurb cost.

 

i wish you all the best with your actions but i have to agree with Ekona and i'll join him on the round about in one of my wifes dress with a sign saying "I'M WITH STUPID! ->"

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Thanks again for the comments everyone, i do fear you are probably right and nothing will ever come of it but even if they send a letter to her about her actions its still a result i drive the car at weekends only and as i had only got it back the friday before for having the bumper repaired

 

I was driving sensibly not that i dont anyway as i have to drive for my job so cant afford to have my licence removed or points etc i was conscious of her road positioning as i ahve had a few near misses as stated by others on that exact roundabout but it was still a shock once i was in the turning with cars coming towards me flashing to suddenly have a car trying to squeeze through a small gap, i have given my actions on the day some thought and still feel i made the right choice to allow the one wheel to be damaged due to her bull in china shop antics. Pursuing her to get the details maybe not the best idea but in the heat of the moment i think most of us here would do the same thing.

 

I have checked with the works insurance no point talking to mine yet regarding the issue and have been told that with it just being a kerbing and nothing major that at worst its just to notfiy but the fact i will be repairing it myself my insurance shouldn't be affected unless a claim is made (we all know this wont be the case they will load at least £50 on for the fact someone hass to think about it)

 

if the police are not going to pursue on the other hand then there is nothing on the record to the insurance company and as the police will not call it an accident, so no need to tell them i mean who hear has honestly phoned theire insurance company and said i have kerbed my wheel please take my excess and my point and get it refurbed....

 

 

Although putting the incident to one side who want to help me fight this so we can get 2 members to stand on a roundabout saying rabster is awsome one naked one wearing a dress i think that could well be worth a giggle.....

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Thanks again for the comments everyone, i do fear you are probably right and nothing will ever come of it but even if they send a letter to her about her actions its still a result i drive the car at weekends only and as i had only got it back the friday before for having the bumper repaired

 

I was driving sensibly not that i dont anyway as i have to drive for my job so cant afford to have my licence removed or points etc i was conscious of her road positioning as i ahve had a few near misses as stated by others on that exact roundabout but it was still a shock once i was in the turning with cars coming towards me flashing to suddenly have a car trying to squeeze through a small gap, i have given my actions on the day some thought and still feel i made the right choice to allow the one wheel to be damaged due to her bull in china shop antics. Pursuing her to get the details maybe not the best idea but in the heat of the moment i think most of us here would do the same thing.

 

I have checked with the works insurance no point talking to mine yet regarding the issue and have been told that with it just being a kerbing and nothing major that at worst its just to notfiy but the fact i will be repairing it myself my insurance shouldn't be affected unless a claim is made (we all know this wont be the case they will load at least £50 on for the fact someone hass to think about it)

 

if the police are not going to pursue on the other hand then there is nothing on the record to the insurance company and as the police will not call it an accident, so no need to tell them i mean who hear has honestly phoned theire insurance company and said i have kerbed my wheel please take my excess and my point and get it refurbed....

 

 

Although putting the incident to one side who want to help me fight this so we can get 2 members to stand on a roundabout saying rabster is awsome one naked one wearing a dress i think that could well be worth a giggle.....

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http://www.legislation.gov.uk/ukpga/1988/52/section/170

 

You've done the right thing reporting it to the Police. It's a reportable accident under the above legislation. Her actions on the day amount to a fail to stop, but she could easily say she didn't feel safe to stop. It's a valid defence (especially given your actions in stopping her).

 

If she did not give you details and did not speak to the Police about it within 24 hours, she is guilty on an offence (fail to report). This is also easy for her to negate, but doesn't look great at court when tagged to a careless driving prosecution.

 

http://www.legislation.gov.uk/ukpga/1988/52/section/3

 

I'd say she is guilty of careless. It would be a fairly easy win in court IMO. However, IMO a more appropriate course of action would be a driver improvement course (not all forces offer these) as it sounds like a momentary lapse in her concentration.

 

It is not dangerous driving.

 

As has been said above, do not go down the insurance route. It is simply not worth it.

 

As to wether you would need to report it to your insurance company next year.. grey area. In theory anyone who curbs a rim has had an accident.. which is daft. However, having her prosecuted might show that you believed it was an accident!

 

I'm not a traffic cop, but I find traffic easy peasy. It is black and white for the most part. That being said, the above is entirely my own opinion and is certainly not qualified legal advice.

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Although putting the incident to one side who want to help me fight this so we can get 2 members to stand on a roundabout saying rabster is awsome one naked one wearing a dress i think that could well be worth a giggle.....

 

Ill go with the dress. :thumbs:

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IMO this will be treated as two separate things

 

The legality of her road conduct, leave it to the police to dole out punishment or not. I dont think your wrong to report her on that.. she caused an accident through her actions and drove off in complete ignorance of the costs to you, the fact that she didnt give details afterwards and tried to blame you demonstrates that enough. If she only gets a warning then at least if she causes a more serious accident in future then she will be less likely to weasil out of it with some BS excuse.

 

Then there is recovery of the cost of the damage, I presume now you have her details so I would contact her and advise that you have a price for the repair of the wheel. Advise her of the cost and offer her the choice of going through insurance or not. Considering the low cost of it.. I imagine she will want to avoid using insurance as her best hope is to get 50/50 and loose her no claims also. Its highly unlikely that she will do that just to spite you and if she does push for that route then you dont necessarily have to log the claim, you still have the option of just paying for the damage rather than paying excess+loss of NCD

 

Ofc if she admits fault to the first part, you have a stronger case for her paying up for the second but either way I would avoid using the insurance companies, I realise there are alot of whiter than white people here claiming that even if you dont claim you should inform the insurance companies, I dont see that.. if you dont claim then your a better customer than one that does and you shouldnt be penalised for it. And its not really anything compared to the masses of people who lie and put an older named driver on their policy just to knock off a few hundred quid when its just outright dishonest

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