Court case outcome

[Flyingfox]

I haven't been on here for a while but I thought some of you may wish to know the outcome of my previous post back in September: http://www.cyclechat.net/threads/vi...ning-on-embankment-london.138920/post-2635827

Anyway the driver of the car that hit me pleaded Not Guilty to Driving Without Due Care & Attention, so we ended up in court all day yesterday in front of a District Judge.
To cut a long story short the female driver's version of events was one lie after another (even to the extent of where the accident took place), she also said the other witnesses and I became violent by hitting the car and our language was bluer than blue, and she drove off as she feared for safety (all lies).
In the end the judge said she found the defendant's version of events totally implausible and unreliable whereas the prosecution witnesses were consistent in all aspects.
Turns out the driver was American and only took her British driving test in November (interesting that she had been driving for over 5 years on her Texan licence) so the judge handed down the maximum penalty citing 4 aggravating circumstances, and so the following sentence was handed out:

6 points and her licence was revoked, so has to take her written & driving test again under stringent conditions.
(if you have only had a licence for less than 2 years you only have to get 6 points before getting a ban or your licence taken away)
£400 fine
£40 victims fee
£250 costs (plus her lawyers costs)
£125 to me to cover damage to bike
£75 to me for injuries (bruising)
She also now has a criminal conviction and 6 points on her licence for several years (when she eventually gets it back).

All in all I think this was a great result.

 

[Mo1959]

Not bad, but my neighbour has just had a £3,000 payout for someone that cut across him. Bike wasn't damaged much at all and he had bad bruising. He used his ex work union lawyers so they must have been good!

 

[DrLex]

Thanks for the update; good that you're happy with the result.
Do you recall what the 4 aggravating circumstances were?

 

[buggi]

. How long is she banned for? What a bitch as well. She should have been sent to prison for lying.

 

[buggi]

can you now sue her for the stress she's caused you?

 

[mr_cellophane]

Turns out the driver was American and only took her British driving test in November

So that means she was driving on her US licence when she hit you. Probably explains why she shot off and took her proper test 2 months later.

 

[Mr Haematocrit]

Although her UK licence has been revoked, could she drive on her US licence? - just curious how the police would identify this

 

[morrisman]

. How long is she banned for? What a bitch as well. She should have been sent to prison for lying.

She was not banned, she had her license revoked and can get it back by sitting a new theory and practical test as soon as she can get one.

Although her UK licence has been revoked, could she drive on her US licence? - just curious how the police would identify this

She could only drive, legally, on her US license for 12 months after becoming resident in the UK. Since she is now on the police radar as is her car she can expect to be stopped as a result of ANPR checks and if she has not obtained a new UK license she would be Driving Otherwise Than In Accordance.

 

[Flyingfox]

Thanks for the update; good that you're happy with the result.
Do you recall what the 4 aggravating circumstances were?

From memory there was leaving the scene of an accident, disregard of those around, driving falling well below standards and one other that I can't recall.

 

[Flyingfox]

. How long is she banned for? What a bitch as well. She should have been sent to prison for lying.

She had her licence revoked (cancelled), her lawyer pleaded for a short ban but the judge refused as this would mean that she wouldn't have to retake her test. Not worth the hassle to sue as to be honest I haven't really been stressed, it was all just very annoying that she wasted everyone's time. I just happy to put it behind me.

 

[Flyingfox]

So that means she was driving on her US licence when she hit you. Probably explains why she shot off and took her proper test 2 months later.

I'm surprised the police didn't pick up on this, as you can only drive on a foreign licence for 12 months, so she was clearly breaking the law.

 

[GrumpyGregry]

Not bad, but my neighbour has just had a £3,000 payout for someone that cut across him. Bike wasn't damaged much at all and he had bad bruising. He used his ex work union lawyers so they must have been good!

Likely that was a civil claim though no?

 

[Mo1959]

Likely that was a civil claim though no?

Not sure to be honest. I know the driver got convicted of careless driving but don't know if it would have been his insurance that would have paid out or not? Seemed a good result though.

 

[deptfordmarmoset]

...and one other that I can't recall.

Failure to report?

 

[clockman]

I'm surprised the police didn't pick up on this, as you can only drive on a foreign licence for 12 months, so she was clearly breaking the law.

As far I'm aware, the fact that she had been driving on an Texan licence, illegally for four years (the Texan licence, only being valid for 12 months) is irrelevant. She had acquired a British driving licence, so at the time of the accident, she was driving legally (although, as has been proven, well below an acceptable standard).
The fact that for four years, she was lucky not to have been caught is after the fact.
She has obviously been able to insure a car with her Texan licence and it has not been picked up for four years, that she has been driving illegally. Her insurance for those four years would technically been void, if she'd had an accident. She also would not have come to the attention of the police unless she'd had an accident like the one she was convicted for!
Surely, these insurance company's and DVLA should amend their systems. If she hadn't got a full British licence, she should not have been able to re-insure her vehicle after the first year!
It was a judge that listened to the case, I bet if it was a magistrate she would got a lighter conviction. I'd have made her take an extended test to regain her licence.
Hope that you are recovered and continue to enjoy your cycling.