CZ550Kevlar Posted December 15, 2011 Report Share Posted December 15, 2011 Thought i would share my story on here, i was involved in an incident this afternoon after i picked my 5 year old daughter, basically i got side swiped by some bloke who was in too much of a hurry and it was my right of way, a fact he has admitted, he tried pulling over in a deserted lay by to start with which i wasn`t keen on so i carried on driving until i reached some houses, got out of my car and the bloke came storming over and pushed me with both hand in my chest launching me at my car and hitting it so hard it put a large dent in it. I didn`t retaliate or even provoke him and he got right in my face again so i called 999 (first time ever) police arrived nice chaps and had a chat with us both separately as i had locked myself in my car. They then asked how do i want to deal with it, after a bit of a chat the guys attitude still stunk they said so i decided to press assault charges, they couldn`t arrest him on the spot as he had 3 kids in the car. The police said i could go home with my daughter and they would pop round in a few minutes to take my statement at home, the other guy would be requested to appear at the station for his interview. I have bruises coming up from where i hit the car but my main problem is that i have minor scrapes to my grey type plastic daihatsu terios bumper which i want repaired as he damaged it and he was at fault that`s the easy bit as i can claim off his insurance, my big problem is the large dent in my door from me being pushed into it and i don`t know how i get it repaired as i`m not willing to pay and my insurance company will probably say it wasn`t from the collision it was criminal damage. Anyone got any advice? Quote Link to comment Share on other sites More sharing options...
BerettaSV10 Posted December 15, 2011 Report Share Posted December 15, 2011 Could try the small claims court, which you can do on line. If you go through the insurance they would probally treat it as 2 seperate claims. Quote Link to comment Share on other sites More sharing options...
docholiday Posted December 15, 2011 Report Share Posted December 15, 2011 Thought i would share my story on here, i was involved in an incident this afternoon after i picked my 5 year old daughter, basically i got side swiped by some bloke who was in too much of a hurry and it was my right of way, a fact he has admitted, he tried pulling over in a deserted lay by to start with which i wasn`t keen on so i carried on driving until i reached some houses, got out of my car and the bloke came storming over and pushed me with both hand in my chest launching me at my car and hitting it so hard it put a large dent in it. I didn`t retaliate or even provoke him and he got right in my face again so i called 999 (first time ever) police arrived nice chaps and had a chat with us both separately as i had locked myself in my car. They then asked how do i want to deal with it, after a bit of a chat the guys attitude still stunk they said so i decided to press assault charges, they couldn`t arrest him on the spot as he had 3 kids in the car. The police said i could go home with my daughter and they would pop round in a few minutes to take my statement at home, the other guy would be requested to appear at the station for his interview. I have bruises coming up from where i hit the car but my main problem is that i have minor scrapes to my grey type plastic daihatsu terios bumper which i want repaired as he damaged it and he was at fault that`s the easy bit as i can claim off his insurance, my big problem is the large dent in my door from me being pushed into it and i don`t know how i get it repaired as i`m not willing to pay and my insurance company will probably say it wasn`t from the collision it was criminal damage. Anyone got any advice? If you have bruising, make sure it photographed and documented by your Doctor, sorry to hear about your troubles Quote Link to comment Share on other sites More sharing options...
utectok Posted December 15, 2011 Report Share Posted December 15, 2011 get a case number for the assault case from the plod and report it to the insurance Quote Link to comment Share on other sites More sharing options...
cockercas Posted December 15, 2011 Report Share Posted December 15, 2011 Yes. Its criminal damage isn't it. He will have to pay compo to you Quote Link to comment Share on other sites More sharing options...
Norrie Posted December 15, 2011 Report Share Posted December 15, 2011 Hiya...sorry to hear about this, it happens all to often nowadays,.been there...got the T shirt so to speak....my advice, get yerself into the hospital A & E... to get the bruising checked out..if you decide to get the animal charged for the assault, you'll need a med report...AND, take photos of the damage to the car...along with photos of the bruising...Then, contact the police again... Hope it all works out for you mate... Good luck. Quote Link to comment Share on other sites More sharing options...
Hamster Posted December 15, 2011 Report Share Posted December 15, 2011 Sorry to hear of your woes, just hope the kids involved didn't see it all unfolding. It sounds as though the dent would be too large for Dentmaster type of fix, but it should be possible to get it repaired and painted for around most peoples excess amount. I would get it done and if it goes to court you can ask for compensation? Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted December 15, 2011 Author Report Share Posted December 15, 2011 Hi all, Firstly thank you for the kind words and advice, I `m hoping in some ways it does go to court so I can get some compensation for the damage to my vehicle so I can get it fixed, my daughter was in floods of tears after seeing me get slammed into the car, I really wanted to hit him and could quite easily have but thought my best option was to take a step back, call the police and lock myself in the car and let him dig himself a hole which he seems to have done. I`ll phone my insurance company in the morning and start the claim for a bumper repair and hopefully I can claim at the same time for my door, I wonder if I can get a replacement 4 x 4 courtesy vehicle while mine is repaired?? Quote Link to comment Share on other sites More sharing options...
yankeedoodlepigeon Posted December 15, 2011 Report Share Posted December 15, 2011 He will try and slide out of it that's one thing for sure so you will have to get witnesses and all other things said above. You did the right thing and it did not escalate so good for you and hope it goes your way. Quote Link to comment Share on other sites More sharing options...
Blunderbuss Posted December 15, 2011 Report Share Posted December 15, 2011 (edited) Hope you're OK mate. Not retaliating shows incredible restraint and self control and it looks like it will pay off in terms of how the cops and court will see this. Karma He'll be the one with a criminal record for assault. Give your daughter a hug, it sounds like she was pretty shaken up by this, but I reckon she'll be a lot more proud of you for showing some self control and dignity than if you'd brawled in the street in front of her. You'll be pretty shaken up yourself after this - look after yourself, I'd be having a couple of beers and trying to chill if I was you Edited December 15, 2011 by Blunderbuss Quote Link to comment Share on other sites More sharing options...
ozzy518 Posted December 15, 2011 Report Share Posted December 15, 2011 Sorry to hear about this. Unfortunately I hear about this type of thing so commonly and it saddens me how it is often the case that the victim , who is hoping that justice will be done, will be disappointed by our justice system. In your case the offender was not arrested at the time, good call by the coppers as there were kids present. The offender will present himself at a later date at a police station to be interviewed under caution for what will amount to a common assault offence. Now, if chummy has no offending history and he makes admissions to the offence he will receive a police caution. No conviction and diddly squat chance of any compo for the damage. You may be advised to make a civil claim for the damage. ( That will cost you) It would depend on the Custody sgts view whether the damage to your car which happened when you were pushed against it by the offender, was what they call a continuation of the offence of common assault, in which case only the assault will be dealt with. Should Chummy have previous assault convictions or not make admissions then he will be (provided enough evidence exists, eg photographic or 3rd party witnesses) reported for summons. It will then be up to CPS to put the matter before the court where if he is found Guilty a compensation order can be made. A bit long winded , I'm sorry, the legal process is long winded. Quote Link to comment Share on other sites More sharing options...
Paul223 Posted December 15, 2011 Report Share Posted December 15, 2011 I just don't know how you managed not to nut him Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted December 15, 2011 Author Report Share Posted December 15, 2011 I just don't know how you managed not to nut him i was actually going to knee him in the nuts then punch him in the throat, i would be worried i would hurt my head if i nutted someone. Quote Link to comment Share on other sites More sharing options...
Evil Elvis Posted December 16, 2011 Report Share Posted December 16, 2011 You did the right thing, me? I would have pounded his face....not the right thing!! Quote Link to comment Share on other sites More sharing options...
humperdingle Posted December 16, 2011 Report Share Posted December 16, 2011 i was actually going to knee him in the nuts then punch him in the throat, i would be worried i would hurt my head if i nutted someone. Not if you do it properly, mate. A nose is no match for a cranium But IMO retaliation is only a good idea if punches are being swung, or you feel you're in danger of your life. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted December 16, 2011 Report Share Posted December 16, 2011 Hope you're OK mate. Not retaliating shows incredible restraint and self control and it looks like it will pay off in terms of how the cops and court will see this. Karma He'll be the one with a criminal record for assault. Give your daughter a hug, it sounds like she was pretty shaken up by this, but I reckon she'll be a lot more proud of you for showing some self control and dignity than if you'd brawled in the street in front of her. You'll be pretty shaken up yourself after this - look after yourself, I'd be having a couple of beers and trying to chill if I was you Quote Link to comment Share on other sites More sharing options...
northeastshooter Posted December 16, 2011 Report Share Posted December 16, 2011 had a similar situation a few years ago going in to a 30 limit with a 1year old little girl in the car as i slowed down from 40-30 had a car rigth up bumper to bumper went on for abowt 2mile then he over took me started giving nice hand signals then in dicated to pull over been hot headed and 17 at the time i was going to but my mam grabbed the wheel and wouldnt let me he then cut me up blocking the road jumped out as i opened the door to give the old fat :blink: asmack he came running up and kicked my car door trying to smack it on my legswhen we called the police he took off got his reg police went round and he got a warning i wouldnt hold out to much hope for a conviction i had 2 witnesses in the car my mam and gf along with 3 people that were behind me Quote Link to comment Share on other sites More sharing options...
death from below Posted December 16, 2011 Report Share Posted December 16, 2011 The criminal and insurance stuff will sort itself out one way or another. The important issue here for me is the superb example you have shown to your young 'un. You showed huge bags of restraint and I admire you for that. I don't doubt for a second that someone who acts as the other bloke did is a bully who you could easily have chinned. I bet my bottom dollar you would have ended up in the poo if you had given him what he deserves. I sometimes think the only thing that stopped me becoming a raving lunatic was joining the police at the tender age of 19 where I learned similar restraint when dealing with butt holes such as your situation. I regularly come across completely sane, hard working individuals who have dropped them selves in it by getting involved in daft road rage incidents. Some people turn into raving loons when someone slights them when driving. Well done mate, my only fear is that you will probably end up out of pocket after it all settles down but it's better than letting your kid watch their Dad beat the **** out of another and end up with a record. Quote Link to comment Share on other sites More sharing options...
dan-250 Posted December 16, 2011 Report Share Posted December 16, 2011 Sorry to hear the unfortunate luck. A few years back when I was about 10, my dad got a bloke to pull over as we pulled in behind him and noticed his rear door only latched not closed with a baby seat next to it. Dad got out and was nice and said your back doors open, I wouldn't want anything to happen to the child. The other chap got really gobby and tryed hitting my old man for some reason even tho he was only trying to help. My dad then pushed him away and told him to screw himself if he was going to be like that. A few days later we got a visit from the police, saying that dad had punched him and was trying to get him charged. Luckily the lay by was In view of them traffic CCTV cameras or he'd of been done. The justice system is wrong and I'll be surprised even if he shows up to give a statement. Let alone anything done, it will be a long time if anything does happen. Just be pleased you and the daughter are ok. The car is a material object. Yes it's annoying as it's maybe your pride and joy, and hassle you didn't want near Christmas.bi hope everything goes well and in your favour but I doubt it will be easy. Quote Link to comment Share on other sites More sharing options...
Catweazle Posted December 16, 2011 Report Share Posted December 16, 2011 ......The important issue here for me is the superb example you have shown to your young 'un. You showed huge bags of restraint and I admire you for that ...<SNIP>... but it's better than letting your kid watch their Dad beat the **** out of another and end up with a record. Absolutely, a proper role model, pity there aren't more like him. Quote Link to comment Share on other sites More sharing options...
vampire Posted December 16, 2011 Report Share Posted December 16, 2011 Sorry to say that i would of dented his head as soon as he looked like he was about to assault me,but then thats 20 years of karate training You did well to keep your cool,i hope he gets done and you get compensated,but i doubt it. Quote Link to comment Share on other sites More sharing options...
Paul@Ribchester Posted December 16, 2011 Report Share Posted December 16, 2011 If you ever feel like your going to be assaulted under common law your allowed to do a pre emptive strike, that doesn't mean you can jump all over him but you are allowed to use reasonable force to stop an imminent assault. Also speak to the officer in charge of the case and ask him about the bloke getting a conditional caution, the condition is that he has to pay for the damage. If he wont do this he could be charged with the offence of assault and a court would make him pay for the damage anyway. I haven't dealt with anything like this for a few years now but its what would have happened in my day. Hope this is some help, Paul. Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted December 16, 2011 Author Report Share Posted December 16, 2011 Cheers again for the kind words, keep the advice coming it`s all helpful and kind of makes me feel better for not hitting him which part of me wishes i did as now i feel like he will get a slap on the wrist by the police and nothing showing against him whereas i`m left with a dent in my door and no satisfaction. Quote Link to comment Share on other sites More sharing options...
Dave-G Posted December 16, 2011 Report Share Posted December 16, 2011 Theres been enough advice regarding the assault. The damage: Not being rude but you first said a side swipe, which suggests serious damage, but this has become a minor scrape to a grey plastic type bumper now that you have calmed down a tad. Although you probably didn't realise it was minor at the the time - you do now. That probably doesn't warrant losing your ability to tick a "no accidents" box on your next five insurance renewals. The sort of panel dent that you describe - only pushed in rather than ground in - will usually just pop out when pushed from the other side of the panel. I personally, old enough to have had a few minor accidents as an occasional hazard of the job being a cabbie would try and avoid involving the insurance company as it will affect your premiums due to insurers feeling there's no smoke without fire. I know life can be a bitch, but some things are better taken in your stride. Quote Link to comment Share on other sites More sharing options...
CZ550Kevlar Posted December 16, 2011 Author Report Share Posted December 16, 2011 Theres been enough advice regarding the assault. The damage: Not being rude but you first said a side swipe, which suggests serious damage, but this has become a minor scrape to a grey plastic type bumper now that you have calmed down a tad. Although you probably didn't realise it was minor at the the time - you do now. That probably doesn't warrant losing your ability to tick a "no accidents" box on your next five insurance renewals. The sort of panel dent that you describe - only pushed in rather than ground in - will usually just pop out when pushed from the other side of the panel. I personally, old enough to have had a few minor accidents as an occasional hazard of the job being a cabbie would try and avoid involving the insurance company as it will affect your premiums due to insurers feeling there's no smoke without fire. I know life can be a bitch, but some things are better taken in your stride. I drive an old model daihatsu terios with the grey plastic front bumper which is wider than my car, his damage was worse as he had a plastic painted bumper and rear panel/wheel arch as he ran out of road and pushed into me and i caught his rear, my bumper was softer and more flexible and his rear bumper and rear panel came of worse and more susteptable to damage. he admitted to the police what he did. The dent in my door popped out with a suction thing but you can still see 2 small dents which weren`t there originally and are noticeable which affects the value of my car which i can`t see why i should have to stomach, plus that was criminal damage not car crash damage. Quote Link to comment Share on other sites More sharing options...
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