hurray, bloke who knocked me off pleaded guilty

[alecstilleyedye]

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?

 

[raleighnut]

I'd hope the court will forward the compensation to you as soon as he coughs up.

 

[fossyant]

It may make some difference to the civil claim, but that's not a bad result and will sting the idiot in the pocket.

 

[alecstilleyedye]

It may make some difference to the civil claim, but that's not a bad result and will sting the idiot in the pocket.

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…

 

[fossyant]

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.

 

[I like Skol]

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!!!

 

[fossyant]

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!!!

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).

 

[alecstilleyedye]

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!!!

the copper looked quite young, and hence keen maybe…

 

[tom73]

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

 

[Drago]

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.

 

[Pale Rider]

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.

 

[classic33]

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).

You'd throw up doing that.

 

[alecstilleyedye]

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!!!

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…

 

[sleuthey]

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.

 

[I like Skol]

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.

But the police still had to charge the driver in the first place. In so many cases they just cannot be bothered to do that. Too many collisions are being treated as 'just an accident' when the reality is that it is often shockingly bad driving that is the cause. In my case they never even took a statement or formally discussed my account of the incident! Kind of makes you wonder if the driver that hit me knew people in high places......