hurray, bloke who knocked me off pleaded guilty

Discussion in 'Commuting' started by alecstilleyedye, 6 Mar 2019.

  1. alecstilleyedye

    alecstilleyedye nothing in moderation Moderator

    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?
     
    Maz, HLaB, roubaixtuesday and 16 others like this.
  2. raleighnut

    raleighnut Guru

    Location:
    On 3 Wheels
    I'd hope the court will forward the compensation to you as soon as he coughs up.
     
  3. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    It may make some difference to the civil claim, but that's not a bad result and will sting the idiot in the pocket.
     
    mickle and dave r like this.
  4. OP
    OP
    alecstilleyedye

    alecstilleyedye nothing in moderation Moderator

    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…
     
  5. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    It may be that part of your claim is reduced - i.e. if it works out at £5k, you may get £4k. - Best ask the solicitor.

    Who has £2k to spare - that's a nice sting for the idiot's pocket. A bit of justice.
     
    Alberto Balsam and classic33 like this.
  6. I like Skol

    I like Skol Hold my beer and watch this....

    Location:
    Ashton-under-Lyne
    How did you get the police to prosecute?

    I got knocked off and suffered more than a broken collar bone. I'm sure the driver lied to police about his actions but I couldn't even get the police to come and take a statement from me so he has walked away from near damn killing me scot-free!!! :cursing:
     
  7. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    Luck my friend. Same with my accident - nothing. Shall we set up a vigilante group that goes round pouring paint stripper on these idiot's cars. (I didn't say that).
     
    mickle, overmind, lane and 2 others like this.
  8. OP
    OP
    alecstilleyedye

    alecstilleyedye nothing in moderation Moderator

    the copper looked quite young, and hence keen maybe…
     
    classic33 and I like Skol like this.
  9. tom73

    tom73 Über Member

    Location:
    Yorkshire
    Good result bit of pain holding out till last push but at last you did not have to deal with being questioned.
    Don't forget to claim your expenses via the CPS
     
  10. Drago

    Drago Flouncing Nobber

    Location:
    Valhalla
    They pay it to the court, who send it to you. If they don't pay inform the court, who'll haul him back...and probably fine him some more, which he also won't pay.
     
    Crankarm likes this.
  11. Reiver

    Reiver Ribbit, Ribbit.

    will that 1000 be on top of damages you will of got off his insurance ?

    if not 1000 doesnt seem much for a broken collarbone (?? 10 week no cycling??) I would be wanting a lot more than a £100 a week.
     
    raleighnut and glasgowcyclist like this.
  12. Pale Rider

    Pale Rider Guru

    Something will have been said about payment after he was sentenced.

    Compensation takes priority, so that gets paid first in any instalment plan.

    If he's in work, an attachment to earnings order can be made which can be quite effective.

    Alternatively, the money could be deducted from his benefits at a lowish rate, usually £10 a fortnight, but you will get there in the end.

    The unknown factor is the overall success of these schemes, and how it will work in your case.

    It could all proceed smoothly, but equally there are many habitual low level criminals who owe literally thousands in unpaid fines and compo, which realistically will never be paid.
     
    Arjimlad and classic33 like this.
  13. classic33

    classic33 Legendary Member

    You'd throw up doing that.
     
    fossyant likes this.
  14. OP
    OP
    alecstilleyedye

    alecstilleyedye nothing in moderation Moderator

    I was very fortunate that the rider i had not 30s before overtaken was both a keen cyclist and a medic. He knew what to do and made all the right calls while i was still full of endorphines and short on sense…
     
    mcshroom, HLaB, Toshiba Boy and 7 others like this.
  15. sleuthey

    sleuthey Veteran

    Regardless of whether the £1000 gets knocked off any civilian claim you make, the significance here is that the driver pays it (I assume) rather than Thier insurance.

    For the sake of comparison, I had a Grade 2 shoulder separation plus other injuries due to being knocked off in July 2016 - the female driver did not resist the penalty so she lost her NCB, had to attend a driving awareness course and pay £120 costs to the police (for the same penalty). As far as I'm aware no points, court attendance or other fines. Thus a considerable difference for being honest from the start.
     
    Last edited: 13 Mar 2019
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