Criminal injury claim.. what is it?

[SpiceBoy!]

Can anyone point me in the right direction as to what this is exactly?

There is a reason behind my question, but dont really wanna go too much into it if its possible as the whole situation is still ongoing and Im not sure if its wise to talk about it at length?

Cheers!

[Trojan1401]

SpiceBoy,

There is no right or wrong answer to this as direction would be given by the court. Suffice to say in the event of a motor incident, if proven guilty or with admission of guilt, then this would provide a strong case for legal action against the guilty party and/or his insurers. In the event that such a person was uninsured then the case for damages could be taken up with the MIB.
Without full details of the circumstances, further guidence cannot be given however I must stress that the above is my assumption only and suggest that you seek professional advice starting perhaps with CAB who will point you in the direction of a solicitor specialising in your circs.

[SpiceBoy!]

Thanks for your reply Trojan....

The incident basically was that I was run over by the other party in their car and I was severely injured as a result (as most people would be after getting run over by a car lol)...

The other party was insured and has admitted guilt (they changed their plea just days before the court case was to be held and has since been sentenced) and I had filled out Criminal Injury forms a while before this....

What I was wondering is what will happen with it after the guilty party has been sentenced and how do I check up on what is happening with it?

Thanks!

[Trojan1401]

Spiceboy,

Fourtunately (well not for you at the time !! ) the driver was insured which means the process will be relatively straight forward however may take some time.
I'm assuming that you have already been in contact with his insurers and or their solicitors and that a claim has been submited and the conviction effectively proves no contributory negligence on your behalf. Damages will be paid by his insurers.
I would not concern yourself with the driver, only deal with his insurers.
From what you say, you will be entitled to significant damages legitimately and strongly suggest employing the services of a solicitor. Do not approach one of these ambulance chasers that advertise "no win no fee" as they are effectively a sausage machine. Find a solicitor in your area who specialises in RTA claims. They may charge but with such a clear cut case, their charges will be claimed from the guilty person's insurers and will not affect the value of your claim.
Be prepared for a lehgthy battle over quantum as obviously the insurers will require medical reports etc and will no doubt try to minimise their payment but with a good solicitor, you'll get what you deserve.
Don't forget, as well as injury to yourself, you can claim for loss of earnings, loss of mobility, time spent by a carer (within reason) i.e. your wife/friend having to look after you - effectively any costs that you've had as a result of the accident, even the clothes you were wearing.

As I've said, don't use one of the ambulance chasers, get a proper specialist solicitor - they also will probably not charge you direct either and you'll get a better service.

I hope this helps. Any issues with the insurer concerned though, please shout as there are one or two claims specialists here also.

[SpiceBoy!]

Thanks for your great reply Trojan

The accident happened in April 07 and I have been in constant contact with one of the best law firms in wales whom are kindly dealing with the case...

I have a claim with them and at this moment its at the stage where the investigation period has ended and his insurers haven't replied to a settlement offer and I think the next stage is to issue proceedings...

My medical exam has been done for a while and the projections were that I will make a full recovery by 12 months time as of November 07...

What Im confused about is.. I have signed forms with the police for a criminal injury claim with them I think? this is separate from my claim with my solicitors...

I think you can see my confusion? lol

Thanks again for your help

[Trojan1401]

I see where you are coming from. Unfortunately I can't really comment on the claim via criminal injuries other than a general view in relation to the insurance claim but it may help unless a person with criminal law knowledge can qualify.

Anyway, my view would be that as you are making a valid claim against the negligent person's insurance then I doubt that the criminal injuries board would provide additional compensation. My understanding is that it is there to provide such compo where there is no other way of being reimbursed. Once they establish that you are claiming against the negligent person's motor insurance, I suspect they will close the claim.

If however the driver was uninsuredthere may be cause for claim however, where injury etc is caused as a result of a motor (RTA) incident then you would submit a claim to the MIB anyway.

I personally don't think therefore the CIB will entertain your claim. You will undoubtedly get a better payout from the insurers anyway. Also, depending upon what the guy was convicted of careless driving or dangerous driving will be a factor also.

Whilst I disagree, careless driving is viewed as a minor RTA offence which would not carry much weight, even dangerous driving these days you only get a slap on the wrist - unless you are eating a sandwich stationary at traffic lights . Yes - I'm a cynic but don't start me about lenient sentences for serious legitimate driving offences i.e no licence/insurance/manslaughter etc.

Sorry, just thought I'd add the rant there.

Anyway, trust that all works out well.

[SpiceBoy!]

Spot the early bird lol...

Thanks for your reply....

If the CIB case has been closed due to me having a case with my solicitors then that is fine by me as Im not a greedy person by nature and all I want is what is due and not to 'get every penny that I can' like a leech...

After he changed his plea to guilty he was charged with dangerous driving and his sentence included a 1 year ban, community service and he has to take an extended test when his ban is up....

I dont think that his action were on purpose so I did feel somewhat bad that he had quite alot as punishment but I agree with you that the justice system is VERY unfair as I know of some drivers whom have done alot worse than just injure someone and had much less severe punishment and people whom have done alot less and had the book thrown at them...

Any and all Road Traffic Accidents should be viewed as extremely dangerous as the outcome can cost lives, no matter how small the cause is! So your rant is well justified