Hit and Run Road Rage Incident Advice
- Thread starter bpsmith
- Start date
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jefmcg
Guru
I'm glad you've heard from them. My serious though ill-informed (except for "my mum was cautious solicitor") advice would be: don't do anything without legal advice at this point.
From suggestions upthread, a criminal charge could let his insurers off the hook. I have no idea if that's true, so find out before pursuing criminal charges.
Once you have settled, then please - on behalf of us all - go crazy.
A criminal charge would leave his insurers no option but to accept liability for third party damages.
I was told by LD that the guy’s insurer could refuse liability if there is a criminal charge. They may well go down that route, which leaves me having to represent myself as LD can’t.
vickster
Legendary Member
Criminal injuries compensation authority in that case?
https://www.gov.uk/claim-compensation-criminal-injury
If it's a criminal charge, wouldn't it be "Crown vs whoever", with the prosecution representing the Crown rather than representing you (and calling you as a witness)?
Andrew_P
In between here and there
I would have though County Court would be the easiest if LD do not pursue him. If he denies it he and you have to go to court let the magistrates decide, if he accepts it he has to pay, if he ignores it he has to pay as the default judgement goes you way. Depending how much you claim will outline the initial costs. Of course he could do a deal with the bailiff of payment monthly, but I you can try and force bailiff to seizes goods to the value of.
Hopefully it won't come to that.
Hopefully it won't come to that.
vickster
Legendary Member
Not for compensation which I think the OP is referring to
Andrew_P
In between here and there
Criminal Charges look like a fantasy at the moment though, don't they? Not even sure the Police have interviewed him let alone consider a charge. Not that I have any great expertise in these things but I would have thought if they had any intent they would have done that by now?
Drago
Legendary Member
- Location
- Suburban Poshshire
You're making the presumption they've even been able to locate him. Indeed, you're presuming they've even identified him.
Andrew_P
In between here and there
Good point, although Smithy gave them his address and registration number and they changed the charge to assault I think rather than motoring. But he could be ducking and diving not sure how easy that would be having never had to do it!
Ah, so a Civil case and not a Criminal case then?
vickster
Legendary Member
Yes, that's why he's talking to Leigh Day but they say they can't represent him if the driver's insurers wash their hands if he is convincted
I am not 100% on everything legal wise, so apologies if I get it wrong or are vague.
LD told me that the insurance may just look at my statement and say it’s a criminal matter, despite where the Police are in their investigation.
As far as identifying the guy is concerned, I gave a description and the app registration number/colour/make and model of the car. It may or may not be registered to him and he may or may not admit to driving it, so it could well be more complicated than we all think.
LD told me that the insurance may just look at my statement and say it’s a criminal matter, despite where the Police are in their investigation.
As far as identifying the guy is concerned, I gave a description and the app registration number/colour/make and model of the car. It may or may not be registered to him and he may or may not admit to driving it, so it could well be more complicated than we all think.
Andrew_P
In between here and there
OK that does make it a bit more complicated but still doesn't explain the Police lack of contact, lets face it quite easy to get you to id him. Well it is on the TV programs :-)
