Is this fine enough?

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Accy cyclist

Legendary Member
I've just received a letter from the CJS informing me of the outcome of the hearing against the person who knocked me off my bike on the 14th of April this year. He was given a 5 points license endorsement, a £165 fine, £50 costs, £20 surchage and £150 criminal courts charge. I suppose the points on his license will make his insurance too high for him to afford it, but i thought he might have got a 1 year ban seeing as it's not his first motoring offence.
 

Milkfloat

An Peanut
Location
Midlands
I don't know the full details but any action is better than most cases. He was unlucky that his case was not heard in a few weeks time, he would have saved himself £150 as the criminal courts charge is being scrapped.
 

Spinney

Bimbleur extraordinaire
Location
Back up north
I've just received a letter from the CJS informing me of the outcome of the hearing against the person who knocked me off my bike on the 14th of April this year. He was given a 5 points license endorsement, a £165 fine, £50 costs, £20 surchage and £150 criminal courts charge. I suppose the points on his license will make his insurance too high for him to afford it, but i thought he might have got a 1 year ban seeing as it's not his first motoring offence.
Can you now sue him for any damages? Should put his premiums up even higher - but think whether it is worth the stress it might put you through.
 

Hip Priest

Veteran
Ideally, I think anyone who injures another road user through poor driving should have a 12 month ban and mandatory re-test, at the very least. However, 5 points and a few hundred quid fine probably counts as a result.
 
OP
OP
Accy cyclist

Accy cyclist

Legendary Member
Can you now sue him for any damages? Should put his premiums up even higher - but think whether it is worth the stress it might put you through.

I contacted a firm of solicitors the day after the incident. They contacted me last week to say that they'd asked his insurers for £5000, after turning down an offer of £1250 soon after the incident. We'll wait to see how much i end up with. The compensation claimed is for a new bike,a month's loss of earnings and physio. He hasn't been ordered to pay anything to me out of his own pocket, but i suppose with his insurers paying me, his premiums will shoot up. If he does get insurance and is willing to pay the asking price he'll still be on the road which is a bit of a worry.
 

Kestevan

Last of the Summer Winos
Location
Holmfirth.
More likely is that he will simply join the thousands of other toerags driving without insurance.... The next poor bugger he injures may not be as financially protected as you have been.

Which is not in any way shape or form a criticism of you or your actions. I hope your solicitor sues him till his eyes bleed....
 

vernon

Harder than Ronnie Pickering
Location
Meanwood, Leeds
The law doesn't operate in the way that you want it to Accy. Each type of offence is allocated points. The points from any previous motoring offence that have not expired are added to the new points. If the total is twelve or greater then a ban is given unless the defendant successfully argues that a ban would cause undue hardship. Some offences attract an automatic ban this offence didn't.

As for the defendant paying anything to you out of his own pocket, no, it won't happen, that's what insurance policies are for - to pay compensation for damage caused by the policy holder. I think that you'd be the first to complain if house holders pursued you personally instead of your business insurance company for any damage to their properties caused by you in the course of your actions while cleaning their windows.

Yes, his insurance premiums will increase. His existing company might even decline to renew his insurance but really I'd try to let go and not worry about his future courses of action - there's nothing that you can do to influence them no matter how unjust/unfair you feel them to be. Justice has been served and if you think that is unfair, campaign to have the law changed.

Try focussing on the resolution of your compensation claim and enjoy the new bike when it arrives. You'll feel much better for it.
 
OP
OP
Accy cyclist

Accy cyclist

Legendary Member
The law doesn't operate in the way that you want it to Accy. Each type of offence is allocated points. The points from any previous motoring offence that have not expired are added to the new points. If the total is twelve or greater then a ban is given unless the defendant successfully argues that a ban would cause undue hardship. Some offences attract an automatic ban this offence didn't.

As for the defendant paying anything to you out of his own pocket, no, it won't happen, that's what insurance policies are for - to pay compensation for damage caused by the policy holder. I think that you'd be the first to complain if house holders pursued you personally instead of your business insurance company for any damage to their properties caused by you in the course of your actions while cleaning their windows.

Yes, his insurance premiums will increase. His existing company might even decline to renew his insurance but really I'd try to let go and not worry about his future courses of action - there's nothing that you can do to influence them no matter how unjust/unfair you feel them to be. Justice has been served and if you think that is unfair, campaign to have the law changed.

Try focussing on the resolution of your compensation claim and enjoy the new bike when it arrives. You'll feel much better for it.

I'm not angry about the outcome of the case, or against the driver. My question was do you think he's been punished enough for his dangerous driving, and more to the point do you think points on his license are satisfactory if it means he can carry on driving? I don't think this fellow will learn his lesson. The copper who dealt with the case told me that he'd already been made to take a speed awareness course, and even after that the copper had seen him still driving like a mad man. If i do get the asked for amount i'll be satisfied, I'm not dwelling on it, i just don't think this'll be his last appearance for dangerous driving which means someone else will become a victim of his actions.
 

vernon

Harder than Ronnie Pickering
Location
Meanwood, Leeds
I'm not angry about the outcome of the case, or against the driver. My question was do you think he's been punished enough for his dangerous driving, and more to the point do you think points on his license are satisfactory if it means he can carry on driving? I don't think this fellow will learn his lesson. The copper who dealt with the case told me that he'd already been made to take a speed awareness course, and even after that the copper had seen him still driving like a mad man. If i do get the asked for amount i'll be satisfied, I'm not dwelling on it, i just don't think this'll be his last appearance for dangerous driving which means someone else will become a victim of his actions.

You are dwelling on it. Seeking other's folks' counsel is dwelling on it. Thinking about the drivers future actions is dwelling on it. Being concerned about the driver's failure to change his habits is dwelling on it.

 

vickster

Legendary Member
He's presumably been punished within the confines of current law. Whether you agree with that is a different matter, but it is what it is unless you fancy a career in politics

Focus on yourself and the claim as stated
 
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