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Failure to Stop

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Ashers
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Failure to Stop

Post by Ashers »

Afternoon,

FISO help time.

This morning I was pulling out of a junction and even though I checked a motorbike appeared from no where and took action to avoid me.

I put my hand up to apologies and carried on up the road and then saw the motorbike in my mirror flashing me to pull over. I went to pull over and the owner came up to my window and threatened me so I drove off.

The motorbike then chased me for one mile up the road flashing his light, beeping his horn and shouting abuse until I lost him when he had to wait at a junction.

My questions are:

Did I have to pull over as there was no injury or damage to either of us?
If I did have to pull over, am I in my right to drive off if I feel my safety was in threat?
Is it an offence to not stop and pass insurance details over for a near miss?

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Ashers
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Re: Failure to Stop

Post by Ashers »

I have also been back to the scene and checked for broken glass and skid marks and neither of these are present.

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SUZYKINS
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Re: Failure to Stop

Post by SUZYKINS »

Did you check your under crackers
:lol: :lol: :lol:

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Raisin
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Re: Failure to Stop

Post by Raisin »

Ashers wrote:
Did I have to pull over as there was no injury or damage to either of us?
If I did have to pull over, am I in my right to drive off if I feel my safety was in threat?
Is it an offence to not stop and pass insurance details over for a near miss?
Not an expert but I would guess that the answers are:

NO
YES
NO

There might be a doubt if he later claimed some sort of injury e.g. whiplash caused by sudden braking/avoiding action. There are chancers who will do that.

Someone more expert might like to comment .

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Ashers
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Re: Failure to Stop

Post by Ashers »

Raisin wrote: There might be a doubt if he later claimed some sort of injury e.g. whiplash caused by sudden braking/avoiding action.

Someone more expert might like to comment .
There are no skidmarks to even show that he needed to brake or change direction rapidly.

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tommymooney
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Re: Failure to Stop

Post by tommymooney »

I would have done the same as you I think.

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WilBert
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Re: Failure to Stop

Post by WilBert »

You did the right thing ashers, it hurts to punch a guy with a helmet on.

Some advice from the CAB here
http://www.adviceguide.org.uk/england/c ... _driver_do" onclick="window.open(this.href);return false;
A driver involved in a traffic accident should stop whether or not the accident was their fault if:-
•anyone, other than themselves, is injured; or
•another vehicle, or someone else’s property, is damaged; or
•an animal in another vehicle or running across the road is injured; or
•a bollard, street lamp or other item of street furniture is damaged.
From your description it does not look that any of those criteria have been met ashers?

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Groomyd
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Re: Failure to Stop

Post by Groomyd »

tommymooney wrote:I would have done the same as you I think.
I may have pulled over and given the guy something tangible to complain about if he followed me :shock:

No damage or injury or accident - no need to stop

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Latic
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Re: Failure to Stop

Post by Latic »

Raisin wrote: Not an expert but I would guess that the answers are:

NO
YES
NO

There might be a doubt if he later claimed some sort of injury e.g. whiplash caused by sudden braking/avoiding action. There are chancers who will do that.
No expert but agree 100%


The Highway code:
6. Documentation (286 to 287)
286
If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST stop give your own and the vehicle owner’s name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them if you do not give your name and address at the time of the collision, report it to the police as soon as reasonably practicable, and in any case within 24 hours.
Law RTA 1988 sect 170
n/a
You were from the description IMO not obliged to stop.

Cover your arse time?
Notify the police anyway? Clearly state how the motorcyclist reacted and that you felt threatened

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Sowenna
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Re: Failure to Stop

Post by Sowenna »

I agree with all that has been said, but to cover any later complaint made I would suggest that you report the incident as detailed on this forum to your local police and obtain the message report number so that if any one comes knocking at a later date you can state that you reported the incident. Include that you stopped but the rider became abusive and threatening so you left the scene. This way you have shown that you tried to do everything you can, if there was no contact then no accident just a possible allegation of careless driving which may or may not be the case.

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Groomyd
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Re: Failure to Stop

Post by Groomyd »

I would not get the police involved at all

Its a total waste of police time

Gazwood is a fair minded copper - pm him?

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Sowenna
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Re: Failure to Stop

Post by Sowenna »

I'm not suggesting you get the police involved you are just covering yourself incase of a complaint by someone who could say anything. You are only asking them to make a record of the incident that is all. I was a police officer believe me they get all sorts of things reported it won't involve police just a message log created with your side of the story. No big deal.

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Re: Failure to Stop

Post by kizkiz »

No accident, nothing to report, no need to stop or exchange details.
As for reporting it. Do you have the vrm of the bike? Otherwise you are calling up to say that someone on a bike shouted at you. If it's only recorded on CAD (Or equivalent) then this is not searchable after a few months anyway, so a waste of time
I wouldn't bother involving the police tbh

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Ashers
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Re: Failure to Stop

Post by Ashers »

I have called the police and they asked the following?

•anyone injured :arrow: nope
•another vehicle, or someone else’s property, is damaged :arrow: nope
•an animal in another vehicle or running across the road is injured :arrow: nope
•a bollard, street lamp or other item of street furniture is damaged :arrow: nope

Also said that he could be done for careless driving due to his speed.

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Ashers
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Re: Failure to Stop

Post by Ashers »

They also said that there has been no incidents reported in that area for one month

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DrBunker
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Re: Failure to Stop

Post by DrBunker »

kizkiz wrote:If it's only recorded on CAD (Or equivalent) then this is not searchable after a few months anyway, so a waste of time
I wouldn't bother involving the police tbh
What's the worst that could happen if the other guy has reported it (if he noted the reg)? I guess even if he lies to make it sound worse it's still one person's word against another.

You could always use this thread as evidence. :)

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kizkiz
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Re: Failure to Stop

Post by kizkiz »

DrBunker wrote:
kizkiz wrote:If it's only recorded on CAD (Or equivalent) then this is not searchable after a few months anyway, so a waste of time
I wouldn't bother involving the police tbh
What's the worst that could happen if the other guy has reported it (if he noted the reg)? I guess even if he lies to make it sound worse it's still one person's word against another.

You could always use this thread as evidence. :)
Realistically, not much, no

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