Who is at Fault in No-Contact accident?

Hello all,

I have a question. During school run the other day I was going around a fairly sharp and narrow corner, along the outer part of the turn. Another car was oncoming along the inner part of the corner as I was almost out of the turn. That was it.

About an hour later I get a text saying(direct quote) "hello, ____, u were driving far too fast and also on my side of the road, I now have a scratched the rear passenger wheel on my new car, the wheels were immaculate as u will be able to see from the rest of the wheels!...I now needs to take this to get fixed duno how much it going to cost!...I will hopefully see you at 3 at the school. Thanks x"

Am I at fault?

Facts for that residential area, the speed limit is 30, no marked lines, the turn is quite tight (approx 90degree), and the road narrows at that turn- not that the road is that wide anyway.

I wasn't even going 30 as it is school time and I know how easily kids dart out from cars. Also almost immediately prior to the curve there was a car parked along the left had side, which I had to go around then almost immediately go into the curve, by which I might of been doing 15. I drive a BMW X5 and there is no way my car could go all the way into that turn. I have no visibility around the corner until I am already in it, due to position of house and hedges/garden wall along the inner part of the corner. From the on-coming side, you have better view into the corner as you can see a car in the turn before you start to enter it. This is one of those turns where I have never see two cars go thru it at once.

The other woman was driving a 2010 Audi A6. It has 14 spoke, 19" rims, and the scratches are along the very outer part of the rim, on/off around most of it.. I have not admitted blame at all. I went and viewed her car later that day, explained to her that I'm sorry she thinks I was speeding, but I wasn't, and that there is no way my vehicle can go all the way over to the other side of the turn due to the angle and its size.

Also, I don't know for sure I am the one who caused this? She didn't beep her horn or anything. And I am wondering why it took her an hour to text me about it? If she thought I had forced her over, would she not of looked at her car when she got to the school and let me know immediately?

What am I supposed to do? Should I call the police and ask them? I don't want to bother contacting my insurance as my excess is 500, and you can buy the rim new for less than 250, and refurbish for way less than that. If it was my fault, I feel bad...but I also don't want to be taken for a ride.

Thanks all!
~A

How did they know your telephone number to send text?

Our kids went to same nursery (where we all received a phone list) and now same school (some classes do list too). Or she could of gotten it from anyone. we live in a village where everyone knows everyone.

You do know this is a satellite/cable etc forum not a legal forum.

Not looking for legal advice, just general. I have never been in an accident, or even received a ticket for anything in 20 years of driving.

Wel at 3pm you will be much wiser, no one on here can guess what happened.
I personally would wait till 3pm or call police now and inform them of accusation.

Sorry, this was the other day it happened. Thought I had put that in the post, will need to re-check. I shall call police and let them know. Thanks.

manic01 said:

You do know this is a satellite/cable etc forum not a legal forum.

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I don't think it's unreasonable to ask for advice though.

Getting back to the OP. If you're convinced there was no contact, and there are no witnesses to say otherwise, it's your word against hers.

Sit tight and deny everything.

[h=3]Court action in Scotland[/h] In Scotland, a person may have civil action raised, or may raise it, under the small claims, summary cause or ordinary cause procedures.
Someone involved in civil court proceedings should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on the nearest CAB

Am currently waiting on a call back as only person at Helensburgh police office was receptionist, who was not willing to give any advice at all.

There was absolutely no contact between the two vehicles. We weren't even close to making contact. I think she may not of noticed my car until the last second and worried we would hit, so she pulled up on the curb (kerb). Only witnesses would of been kids in the car.

Hoping it won't go to civil as pretty sure that would cost more than the rim is worth. Only know this as I am going thru a divorce and my lawyer charges 240 an hour.

Thanks for the advice. The more I get the more confident I will be when we have a run in at school tomorrow morn :?.

I would stick to denying it al, She needs to prove it really.
If she escalates to insurance just stand your ground, seems a strange one.

Pretty sure if it was anyone else, she would not even address it. You can't even see the damage unless within a foot or two of the tire. She hasn't liked me since I was voted chairperson and she was dropped to vice-chair over 4 years ago. Petty high school era crap.

No contact made she curbed it . You say the 2 of you were not even close to contact.

I would say just that and you curbed it, did you really need to or did you just over react.

@USinUK personally I can't really see how you can be to blame for the other car driver not knowing the width of their vehicle and so scraping the kerb or roadside, nor does their appear to be any proof that the wheel was not actually damaged prior to that incident.
However, for better advice I suggest that you go to the following site for advice, where there are solicitors and lawyers amongst it's members who will know the law much better than anyone on here and they will give you sound and free advise and details of how to progress things.
Legal Beagles Consumer Forum

Easy answer here. Tell her to piss off she is a chancer

USinUK said:

Our kids went to same nursery (where we all received a phone list) and now same school (some classes do list too). Or she could of gotten it from anyone. we live in a village where everyone knows everyone.

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Who gave your phone number to this person?. Phone numbers are given purely for child/ school purposes not to give out to every Tom Dick or Harry. Deny it and let her prove it. It will definitely get thrown out of court for lack of evidence if it got that far.

I had an accident were I had to swerve to avoid a car on the wrong side of the road and ended up in a field.
When I got to the hotel I was staying at I asked a police man who was there (coincidence) and he said if there was no contact between vehicles it's tough . I replied so don't avoid accidents to which and he replied if you want to claim yes.
Don't know how accurate that advice was and not all police persons know everything but personally I would just not do anything and deny all knowledge. They don't have a case against you even if they did go to the insurance. Be wary of witnesses appearing out of the woodwork though , probably a friend or family member of the other driver.

Good luck

aye just tell her she will have no wheels if she keeps it up