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When a minor traffic incident is reported to the police, does it have to end in prosecution?

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  1. #1

    Join Date
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    When a minor traffic incident is reported to the police, does it have to end in prosecution?

    I got in a minor traffic incident a few weeks ago with only minor scratches on both sides - the other car had a scratched top coat while mine got scratched down to the body. It was reported to the police, and the officer who took my statement also mentioned that it was a minor accident. It turns out the other side hadn't called the police at all to resolve the issue, and I was the only party that was actively reaching out to the police.

    The police advised me to settle the issue personally with the other side, which I agreed to. I gave them a call and let it ring until voicemail then hung up but I haven't gotten a phone call back. No message, call or voicemail. He also hasn't called the police lately because I haven't gotten another letter, voicemail or call from the police.

    He's avoiding me and hasn't reached out to the police - I think it's safe to assume that he's not all that interested in pursuing the issue any further.

    I know that the police only start an investigation when both parties don't come to an agreement, but I can't contact the other guy. We did speak once on the phone but nothing came about the conversation. If both sides don't reach out to the police, do they stop investigating? Does it have to end in prosecution?

    Last edited by rickyross; 13-06-2015 at 03:27 AM.

  2. #2

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    Unlikely

    Did you swap insurance details etc at all?

    Cho-man likes this.

  3. #3

    Last time I got into a fender bender I called the police so they can issue a report for the insurance company. I worked out compensation on the spot with the guy who hit me. They don't prosecute unless there is some criminal offence committed like hit and run or DUI.

    Cho-man likes this.

  4. #4

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    There are countless minor fender benders in the city each day, the police don't have the time and resources to prosecute everyone of them anyway.

    However, if the incident is more serious, for example, with serious injuries, then the risk of prosecution would increase.

    Bottom line, risk of prosecution increase with severity of the accident.

    Last edited by Cho-man; 13-06-2015 at 01:00 PM.

  5. #5

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    Quote Originally Posted by jimbo:
    Unlikely

    Did you swap insurance details etc at all?
    Now that I think about it, no. The police that arrived on scene didn't advise us to exchange insurance details either - I thought insurance only came into play after we had went to court and the judge ordered one party to pay. We did exchange numbers and HKIDs.

  6. #6

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    I think the word prosecution appears simply on their standard correspondence. Unlike you, or anyone else, will get a day in court.


  7. #7

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    Quote Originally Posted by rickyross:
    Now that I think about it, no. The police that arrived on scene didn't advise us to exchange insurance details either - I thought insurance only came into play after we had went to court and the judge ordered one party to pay. We did exchange numbers and HKIDs.
    Usually any minor accident you swap insurance details and let them deal with it.

  8. #8

    I wouldn't worry, if its minor the police normally prefer to let the 2 parties handle it themselves also less paper work for them...
    if the other party hasn't contacted you back it sounds like they don't really care, in any case if it does happen in future that you receive a notice and have to go back to the police. They would most likely still ask both parties to try sort it out themselves.
    so I wouldn't worry about it