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Leaving the Scene of an accident.

  • 08-12-2015 07:37PM
    #1
    Registered Users, Registered Users 2 Posts: 28


    So, 3 weeks ago, I was overtaking a car that was travelling slowly.

    Whilst I was overtaking the other car, another car came down the other lane.

    Now, apparently, I clipped the other car's wing mirror causing minimal damage (The Gards said that the plastic covering the signal popped out and that was it) My car had no damage whatsoever. That is why at the time, I didn't stop.

    So, if other driver decides to take me to court. What type of sanction am I facing?

    I should also add that the Police came to see me at work and just asked me a few questions. From what I remember, neither of them wrote anything. They also had the wrong time of the incident.


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Comments

  • Closed Accounts Posts: 6,934 MarkAnthony
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    It's not the other driver it's the guards you need to be worried about.

    From what I can gleam from the above post you overtook in the opposing lane when it was unsafe to do so. I don't know the designation under the road traffic acts but some sort of dangerous driving I would imagine. Points/fine to a ban again just supposing here, perhaps someone with more knowledge will correct me.

    Very possibly a follow up from traffic watch.


  • Registered Users, Registered Users 2 Posts: 22,441 endacl
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    So, 3 weeks ago, I was overtaking a car that was travelling slowly.

    Whilst I was overtaking the other car, another car came down the other lane.
    Feck. It must have taken you ages to overtake that slowly travelling car, if another car managed to appear in the oncoming lane. Out of nowhere, I presume...?

    Sounds like you made a dangerous manoeuvre, without adequate clear space in the other lane.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    endacl wrote: »
    Feck. It must have taken you ages to overtake that slowly travelling car, if another car managed to appear in the oncoming lane. Out of nowhere, I presume...?

    Sounds like you made a dangerous manoeuvre, without adequate clear space in the other lane.

    Well, when I say slowly. I mean it was travelling under the speed limit.

    So, it maybe it wasn't travelling very slowly. It was a country road.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    It's not the other driver it's the guards you need to be worried about.

    From what I can gleam from the above post you overtook in the opposing lane when it was unsafe to do so. I don't know the designation under the road traffic acts but some sort of dangerous driving I would imagine. Points/fine to a ban again just supposing here, perhaps someone with more knowledge will correct me.

    Very possibly a follow up from traffic watch.

    Yeh, I would guess a Driving without due and attention + Leaving the scene of an accident.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    It's not the other driver it's the guards you need to be worried about.

    From what I can gleam from the above post you overtook in the opposing lane when it was unsafe to do so. I don't know the designation under the road traffic acts but some sort of dangerous driving I would imagine. Points/fine to a ban again just supposing here, perhaps someone with more knowledge will correct me.

    Very possibly a follow up from traffic watch.

    What is traffic watch?


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  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    endacl wrote: »
    Feck. It must have taken you ages to overtake that slowly travelling car, if another car managed to appear in the oncoming lane. Out of nowhere, I presume...?

    Sounds like you made a dangerous manoeuvre, without adequate clear space in the other lane.

    It was dangerous. I definitely didn't see the other car before doing the maneuvre


  • Registered Users, Registered Users 2 Posts: 1,347 Rackstar
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    Well, when I say slowly. I mean it was travelling under the speed limit.

    So, it maybe it wasn't travelling very slowly. It was a country road.

    You've heard that whole "it's a limit, not a target" spiel?


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    Rackstar wrote: »
    You've heard that whole "it's a limit, not a target" spiel?

    Ok. Well I haven't, but I understand


  • Closed Accounts Posts: 6,934 MarkAnthony
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    What is traffic watch?

    There is a number you can ring for a garda initiative where unlike 95% of the reports the station gets they don't tend to ignore them, probably because they're somehow managed externally.

    A bit of a leap here but wrong time of the incident would lead me to believe there is probably dash cam footage.

    I wouldn't worry about it too much just adjust your driving accordingly. I personally don't have an issue with a bit of welly, just make sure it's appropriate to the road conditions.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    There is a number you can ring for a garda initiative where unlike 95% of the reports the station gets they don't tend to ignore them, probably because they're somehow managed externally.

    A bit of a leap here but wrong time of the incident would lead me to believe there is probably dash cam footage.

    I wouldn't worry about it too much just adjust your driving accordingly. I personally don't have an issue with a bit of welly, just make sure it's appropriate to the road conditions.

    Well, when the police came to question me, they said it happened 2 weeks ago.

    It was definitely 3 weeks ago. So, I think they just were not well prepared.

    From their POV, they just want to ask the victim whether she wants to prosecute or for me to pay damages + Personal insurance.

    So far my lawyer has said I will probably get just leaving the scene but I think I will get both leaving the scene and driving without care.


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  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    There is a number you can ring for a garda initiative where unlike 95% of the reports the station gets they don't tend to ignore them, probably because they're somehow managed externally.

    A bit of a leap here but wrong time of the incident would lead me to believe there is probably dash cam footage.

    I wouldn't worry about it too much just adjust your driving accordingly. I personally don't have an issue with a bit of welly, just make sure it's appropriate to the road conditions.

    Well, when the police came to question me, they said it happened 2 weeks ago.

    It was definitely 3 weeks ago. So, I think they just were not well prepared. Initially, it threw me off but I knew what they were talking about.

    From their POV, they just want to ask the victim whether she wants to prosecute or for me to pay damages + Personal insurance. I think since the damage was so little, they don't really want to prosecute. Also, I think they know it will have implications on my job.

    So far my lawyer has said I will probably get just leaving the scene but I think I will get both leaving the scene and driving without care.


  • Banned (with Prison Access) Posts: 2,169 ComfortKid
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    Nothing will come of this. Looking for a criminal lawyer is a bit dramatic don't you think! You may have to pay for the mirror at the most.


  • Registered Users, Registered Users 2 Posts: 25,733 coylemj
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    ComfortKid wrote: »
    Nothing will come of this. Looking for a criminal lawyer is a bit dramatic don't you think! You may have to pay for the mirror at the most.

    +1 OP you're making this out to be a big deal, it's not. You clipped another car and kept going, unaware that you damaged his mirror. Worst case is that you have to fork out for a new mirror to avoid an insurance claim.

    You've already spoken to your lawyer, now you're looking for a recommendation for a 'criminal defender' - are you expecting to be up before a judge & jury?? It's highly unlikely that the Gardai will prosecute you for anything.


  • Closed Accounts Posts: 3,293 Fuzzy Clam
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    Well, when the police came to question me, they said it happened 2 weeks ago.

    It was definitely 3 weeks ago. So, I think they just were not well prepared. Initially, it threw me off but I knew what they were talking about.

    From their POV, they just want to ask the victim whether she wants to prosecute or for me to pay damages + Personal insurance. I think since the damage was so little, they don't really want to prosecute. Also, I think they know it will have implications on my job.

    So far my lawyer has said I will probably get just leaving the scene but I think I will get both leaving the scene and driving without care.
    Ask the Guards for the date of the incident.
    Surely you can't be prosecuted for something when they don't even know the date it occurred in.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    coylemj wrote: »
    +1 OP you're making this out to be a big deal, it's not. You clipped another car and kept going, unaware that you damaged his mirror. Worst case is that you have to fork out for a new mirror to avoid an insurance claim.

    You've already spoken to your lawyer, now you're looking for a recommendation for a 'criminal defender' - are you expecting to be up before a judge & jury?? It's highly unlikely that the Gardai will prosecute you for anything.

    Well, this is what my lawyer is saying to me. He is saying that I could possibly be hit with penalty points and since I am a Doc, they will make a significant deal out of it.

    The Gardai came to me in the middle of work. To be honest, I was in a state of shock. I should have said that I need to talk to my lawyer. Instead, I told them I might have hit it but I said I looked at my car mirror and there was no damage ( They said exactly the same thing). I didn't even think about the dates.

    The issue is if the Victim decides to press with charges, which she has every right to do.

    To be honest, I think part of the problem is that I am in a small town, so the Judge will come down on me hard.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    Fuzzy Clam wrote: »
    Ask the Guards for the date of the incident.
    Surely you can't be prosecuted for something when they don't even know the date it occurred in.

    I have been down to the Garda station and I have called them so I could get some sort of written report about the incident because of this. However, the person on the desk had no clue which officers came to see me ( Neither did I).

    Having said that, I don't want to irritate them because they are in contact with the victim. So, I won't bother them for the moment.

    If it is a dumb mistake, then they will correct it.


  • Banned (with Prison Access) Posts: 2,169 ComfortKid
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    The issue is if the Victim decides to press with charges, which she has every right to do.

    What charges can they press? You clipped a mirror for gods sake.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    ComfortKid wrote: »
    What charges can they press? You clipped a mirror for gods sake.

    Well, according to my Lawyer, leaving the scene.

    I am thinking possibly Driving without due care and attention as well.

    He is saying I could possibly lose my licence and etc even if it is a first time offence. He is also saying I could be sued for shock and etc.

    Tbh, I agree that it sounds a bit insane since the Garda are saying the damage is minimal.


  • Registered Users, Registered Users 2 Posts: 1,815 imitation
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    Well, according to my Lawyer, leaving the scene.

    I am thinking possibly Driving without due care and attention as well.

    He is saying I could possibly lose my licence and etc even if it is a first time offence. He is also saying I could be sued for shock and etc.

    Tbh, I agree that it sounds a bit insane since the Garda are saying the damage is minimal.

    Second opnion maybe ? He sounds like a bit of a Lionel Hutz.


  • Registered Users, Registered Users 2 Posts: 101 Shermanator
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    As a matter of interest, why didn't you stop ? You said your car had no damage, but you wouldn't have know that at the time unless you stopped to check.
    Were you overtaking on a solid white line or a broken line ?


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  • Registered Users, Registered Users 2 Posts: 68,190 seamus
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    The question no-one seems to be asking here is whether this actually happened or not.

    The Gardai arrived and spoke to you about an alleged collision you weren't even aware of, and didn't have the particulars of the incident correct. Your vehicle is undamaged.

    How do you know the other driver didn't just pick your number plate and decide to stick a call in?

    There is no way this is going any further than a caution, if even that. In a prosecution it would be your word against the other driver's, it would probably be thrown out.

    Don't worry too much about it.


  • Banned (with Prison Access) Posts: 2,169 ComfortKid
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    seamus wrote:
    The Gardai arrived and spoke to you about an alleged collision you weren't even aware of, and didn't have the particulars of the incident correct. Your vehicle is undamaged.


    And what's even more strange is that they called to his work place.. That's ridiculous. When the Gardai checked his number plate they would have got the home address. You could lose a job over that.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    ComfortKid wrote: »
    And what's even more strange is that they called to his work place.. That's ridiculous. When the Gardai checked his number plate they would have got the home address. You could lose a job over that.

    It is a UK Number plate. That is why they couldn't get anything on it.

    Initially, I thought they wanted to talk to me about a tax issue because they said don't worry, you are not in trouble.


  • Registered Users, Registered Users 2 Posts: 2,200 Arbiter of Good Taste
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    It is a UK Number plate. That is why they couldn't get anything on it.

    Initially, I thought they wanted to talk to me about a tax issue.

    So the car you overtook wasn't really as slow as you maintain, now you're driving a car not registered in the State. Is there anything else you are not telling us?


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    As a matter of interest, why didn't you stop ? You said your car had no damage, but you wouldn't have know that at the time unless you stopped to check.
    Were you overtaking on a solid white line or a broken line ?

    Well, I was bit scared. The other car behind me was pissed and honking at me for the overtake.

    I just looked at my wing mirror and it was in the same position as it was previously and the plastic around it was in position. I just thought it looked the same.

    To be honest, I cannot remember if it was a solid or broken line.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    So the car you overtook wasn't really as slow as you maintain, now you're driving a car not registered in the State. Is there anything else you are not telling us?

    Well, I said it was significantly slower than the speed limit but like the other poster said, the speed limit isn't a target. So I am not using that as a defense. The overtake was definitely careless.

    Also, the car has been here for less than a month so I don't need to get it registered yet and it is a company car.


  • Registered Users, Registered Users 2 Posts: 68,190 seamus
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    Well, I was bit scared. The other car behind me was pissed and honking at me for the overtake.

    I just looked at my wing mirror and it was in the same position as it was previously and the plastic around it was in position. I just thought it looked the same.
    So, did you or did you not realise that *something* had happened at the time?
    Initially you were claiming that you weren't aware of any collision, now you're saying that you inspected the wing mirror.
    To be honest, I cannot remember if it was a solid or broken line.
    Check the location on Google Maps.

    Look, the whole thing is pretty suspect. If you're driving on UK plates, how did the Gardai know where your car was? OK, in a small town it can be obvious enough, but even so it seems weird.
    Though it would explain why they arrived at the workplace rather than to your home.

    Does the vehicle have company branding on it?


  • Registered Users, Registered Users 2 Posts: 25,733 coylemj
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    You're a doctor in a small town driving a car with UK plates - is that what you're really worried about? Explain that and never mind the other driver's mirror.

    Any small town solicitor that claims that a judge will take way a GP's driving licence for something as trivial as this is either a complete moron or he's trying to get you to engage a barrister to inflate his fees. Definitely a Lionel Hutz.


  • Registered Users, Registered Users 2 Posts: 28 DorianGrayism


    seamus wrote: »
    So, did you or did you not realise that *something* had happened at the time?
    Initially you were claiming that you weren't aware of any collision, now you're saying that you inspected the wing mirror.

    Well, I wouldn't say I inspected it. I just mean when I looked at it, it looked exactly the same as before. The Gardai said the same thing when they came to see me.

    Tbh, I think part of the issue is that my music was on fairly loud and I was just panicking. The actual collision between the wing mirrors was small enough to only cause the plastic off the victim's signal light to pop off ( according to Gardai), so I don't imagine a large sound would have been made.

    Check the location on Google Maps.
    seamus wrote: »
    Look, the whole thing is pretty suspect. If you're driving on UK plates, how did the Gardai know where your car was? OK, in a small town it can be obvious enough, but even so it seems weird.
    Though it would explain why they arrived at the workplace rather than to your home.

    Does the vehicle have company branding on it?

    I have no clue how they found me. My car wasn't parked anywhere near a main road. It was in the middle of a car park. I really don't know tbh.

    It has no company branding.

    I agree it is pretty strange.


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  • Registered Users, Registered Users 2 Posts: 8,035 goz83
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    Well, when I say slowly. I mean it was travelling under the speed limit.

    So, it maybe it wasn't travelling very slowly. It was a country road.
    Well, I said it was significantly slower than the speed limit but like the other poster said, the speed limit isn't a target. So I am not using that as a defense. The overtake was definitely careless.

    Also, the car has been here for less than a month so I don't need to get it registered yet and it is a company car.

    It sounds like you're not being very honest. In your op, you said you had apparently hit another cars wing mirror. There is no "apparently" about it, if (a) you checked your mirror for damage at the time and decided to put the foot down and speed off and (b) the boys in blue called to your work place about it and you remembered an overtaking incident, which most people would have forgotten the next day if it was uneventful.

    Your story and assertions have changed and been added to along the way. First of all, the car was going very slow. Then it was just going under the speed limit. Then it was significantly under the speed limit. No matter what way you paint it, you were clearly driving without due care and were driving dangerously and you knowing left the scene of an accident. You wouldn't have checked your mirror otherwise and you couldn't have known if the other car was damaged, or not. You thought you would get away with it, but you were tracked down. Maybe nothing will come of this, but your the lack of regard for the other motorist shown by you at time of the incident is really poor form. The music was so loud, you might not have heard the other motorist beeping at you while you screamed out the words of Britney Spears song, hit me baby one more time, or whatever else was playing so loudly.

    Next time, drive with care. Too often those manouvres end badly. The other driver could have been driving more slowly for many reasons, one being that kids were in the car. You just never know.


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