hurray, bloke who knocked me off pleaded guilty

OP
alecstilleyedye

alecstilleyedye

nothing in moderation
Moderator
The last time it happened, the driver denied liability. The police then charged her and asked me if i minded them sending her on a driving course in lieu of prosecution. I said yes, on the condition that she admitted liability. I would have done the same again but the driver this time assumed the osterich position…
 
But the police still had to charge the driver in the first place. In so many cases they just cannot be bothered to do that. Too many collisions are being treated as 'just an accident' when the reality is that it is often shockingly bad driving that is the cause. In my case they never even took a statement or formally discussed my account of the incident! Kind of makes you wonder if the driver that hit me knew people in high places......
Motivating the police to take any interest is the more general problem.

At the risk of splitting hairs, charging the driver in the case of an out of court disposal is just what the police don't do.

By accepting a fixed penalty/caution the driver can truthfully answer 'no' to an insurance renewal question on the lines of: 'Have you ever been charged with a motoring offence?'

That could be a benefit to the driver come renewal time, the greater advantage being a lower penalty compared to going to court.
 

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
By accepting a fixed penalty/caution the driver can truthfully answer 'no' to an insurance renewal question on the lines of: 'Have you ever been charged with a motoring offence?'
Is that England & Wales only? Because in Scotland the practice is to c&c at the point of issuing the FPN and if the offender fails to pay or rejects the FPN he's prosecuted.
I doubt it matters anyway as any insurance application I've made always asks if I've been issued with a motoring FPN within the past x years.
 

Beebo

Firm and Fruity
Location
Hexleybeef
what sort of difference?

my solicitor is on 25% of what he gets out of the insurance company. if they take £1000 off that, i guess he loses £250. don't think the bloke looked like someone who had two grand to spare at the drop of a hat though…
That’s a strange arrangement. The solicitor should be on a no win no fee arrangement.
The other side will pay all the costs anyway, so they should not be taking 25% of your damages.
 

Crankarm

Guru
Location
Nr Cambridge
That’s a strange arrangement. The solicitor should be on a no win no fee arrangement.
The other side will pay all the costs anyway, so they should not be taking 25% of your damages.
Although the rules on solicitors fees might well have changed. Sounds like you might be referring to the old rules if indeed rules have changed recently in the last couple of years. No win no fee used to be the preferred way of funding cases, with the other side paying all your costs and theirs if you were successful. Some lawyers racked up huge bills knowing they would be paid. Some amounting to many more times the amount of compensation claimants ever received. A real gravy fest. How ever the Government might have changed this to reduce the number of ambulance chasing whiplash claims. Dunno if cycling related collisions got an exemption. Of course if you lose then you still pay all your disbursements and the other side's costs, not your own solicitor's costs if no win no fee.
 

Crankarm

Guru
Location
Nr Cambridge
went to court on monday as the bloke who knocked me off and broke my collarbone last year was up on a charge of driving without due care and attention.

he pleaded guilty (not before me and the witness had had to trek into manchester for the case mind) and has been sentenced to:
  • fine £310
  • 6 points on licence
  • costs £650
  • compensation £1000
question is, do I as the injured party get the compensation? if so, am I likely ever to see any of it, and will it make any difference to any subsequent claims for damages?
You would have to get advice form the solicitor taking on your civil claim. I would rather the money came in compensation in a civil claim against an insurer as at least you know you will be paid. It might take some time and a bit of grief but you will get your money. From the driver themselves, they will try to weasel out of paying or just stop paying or be allowed to pay £1.50 a month for 55.5 years.
 
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