Criminal injury claim.. what is it?

[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.

[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.

[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.