Can i be done for Dangerous Driving

[bozzy]

No sure about this one. It seems he is claiming for an injury that was inflicted on him as a result of a third parties actions. The conditions/driving style seem irrelevant as the result is the issue and not the cause. Passengers and their safety is the responsbility of the driver and insurance caters for them in that respect. I expect he will win the case as bad as that seems. Give him the Insurer details and let them sort it out. Apart from a statement to your insurer I imagine that's all the involvement you will have in it.

 

[Munkul]

if he loses, and the insurance pays out to the "injured party" does he lose his NCB?

just wondering.

 

[johnw]

While it is true that most motoring offences are heard in the magistrates courts, some are heard in crown court. It is also possible in some circumstances to bring a private prosecution in the civil courts if an alleged offence is not proceeded with in the criminal courts.

In this case the evidence has been considered and a decision taken not to charge any offence. The evidence gathered has proved that an incident took place and names the driver and passenger. that much is known and a court won't go over that ground again.

The passenger can either try for a private prosecution for dangerous driving and then apply for compensation or he can go direct to the compensation claim. A private prosecution would cost a lot of money with no guarantee of the result he wants and I don't see any lawyer or insurance company going down that route.
A simple " I hurt I want money" is the obvious way for him to go. Leave it to your insurers, thats what you pay the premium for.

 

[johnw]

The conditions/driving style seem irrelevant as the result is the issue and not the cause.

They are relevant in that he needs to establish fault on the part of the insured or he won't be able to claim.
If he hurt his back bending down to get in the back seat he couldn't claim as the driver wasn't at fault.
in this case he is (presumeably) going to say that the injuries result from fault on the drivers part.

 

[sledge]

Volxstu?
You DID tell your insurance company AT THE TIME about the accident didnt you and gave them the names of the passengers involved?

 

[The Beard]

The world of private prosecutions is a very unpredictable. Remember the Steven Lawrence trial. If the Police are going to prosecute you for dangerous driving then they will have to start the proceedings within 14 days of the alleged offence. If the Police were aware of the part played by the sunken manhole cover then it will be in their report. If so, then ask them for a copy. You could then seek legal advice (look in Yellow Pages for a Solicitor who offers the first appointment free) and find out if you have a case against the local authority.
If the Police Officers at the time considered a prosecution likely or even possible, they would have either cautioned you at the scene or visited you at home and interviewed you under caution. It doesn't seem that they did, so in the extremely unlikely event that a Police prosecution came about you could ask that any comments made at the time be disregarded.
One of the difficulties with whiplash injuries, is that you can prove the injury exists, but not that it doesn't. If he is only after a relatively small amount, such as £2-3,000, the insurance company may well just pay, as a court case they win may well cost more than the compensation.
You would also need to know what if any medical assessment was made at the time, or very soon after. If he had whiplash diagnosed weeks or even months after the event, I don't see how he could attribute it to your crash. I'm sure this is very worrying, but as has been said by others, a) Leave it to the insurance company b) Don't say anything to anybody who knows the other person and c) Don't say anything to him. Refer him directly to the insurance company. It's their job. Oh, and d) Good Luck.

 

[M111CYY]

ang on if this person was in ur car then im guessing they wer a mate????

What kind of a mate does this?

hapened to me.

i had accident in 2006 and me mate was with me and he claimed for whiplash

 

[Captain Mike]

hapened to me.

i had accident in 2006 and me mate was with me and he claimed for whiplash

Unless u both made a deal so that u get 50/50 i would of spanked him in the face lol.



Surely the whole incident can be manipulated so that it turns out its someone elses fault

 

[ChrisUK]

jeeeesus. its geting more and more like america everyday. Goddamn Sueing culture. Good luck Volxstu I don't think you'll need it tbh its a no brainer, he's just trying it on and as Jug said any no win no fee solicitor would tell him to jog on as there is not a hope in hell of it standing if it goes further.

 

[Captain Mike]

Can u sue someone for suing you and not suceeding. Like wasting your time and annoying you?

If so take that approach lol. Alteratively run into your local shopping centre throw yourself on the floor and sue the **** out of them for making u bang ur knee lol.

We have all seen the advert

 

[ChrisUK]

Can u sue someone for suing you and not suceeding. Like wasting your time and annoying you?

If so take that approach lol. Alteratively run into your local shopping centre throw yourself on the floor and sue the **** out of them for making u bang ur knee lol.

We have all seen the advert

Yes you can its called a counter sue. And you can claim costs, expenses loss of earnings for seeking legal advice (most solicitors work office hours only!) etc etc.

 

[Captain Mike]

Yes you can its called a counter sue. And you can claim costs, expenses loss of earnings for seeking legal advice (most solicitors work office hours only!) etc etc.

what if u fail can they then return it on you lol making it like Tennis?

 

[ChrisUK]

what if u fail can they then return it on you lol making it like Tennis?

lol you won't fail tbh. If the original case (something like the OP) is so daft it won't succede then you won't fail in getting your expenses tbh.

 

[volxstu]

I dont see that there will be any expenses on my part as i think i had legal cover on that policy.
A no win no fee Solicitor has accepted the case as i have the letter from them outlining why he is suing me.

 

[Most Easterly Pandas]

So his he suing YOU or claiming injury off of your policy that you had at the time.

Surely he can't sue YOU, it will be your insurance?!?

 

[johnw]

If the Police are going to prosecute you for dangerous driving then they will have to start the proceedings within 14 days of the alleged offence.

They have to warn you that they may prosecute within the first 14 days. After that they have 6 months to inform the courts, after which the courts may take several months to issue a summons.

If the Police Officers at the time considered a prosecution likely or even possible, they would have either cautioned you at the scene or visited you at home and interviewed you under caution. It doesn't seem that they did, so in the extremely unlikely event that a Police prosecution came about you could ask that any comments made at the time be disregarded.

The OP said he was breathalysed at the time. He would have been cautioned before that was done.

 

[dave]

dont worry about it its all routine and insurance will deal with it, you will just loose ncb if you didnt claim already for car damage, if you did then you loose nothing

 

[FiatStiloJTD]

Surely the council was partly to blame for the pot hole, if so maybe you could get compensation from them.

The world has gone mad with sueing people.

I cant' see how your 'friend' can claim any costs if there is no evidence, its like me saying i feel over a slab on the high street a year ago.

There isn't alot you can do other than to sit back and let the insurance decide.

I know what you mean about the angry third party, it took my insurance company three months to get their money (as he was addiment it was my fault). It went through accident exchange (a company who deals with third party claims) and they claimed for the hire car, costs and their own costs. Cost him alot of money for a pretty small mark.

Matt

 

[Big Black Stilo]

i chipped my fingerbone yesterday, but i cant sue anyone for it

 

[ChrisUK]

So his he suing YOU or claiming injury off of your policy that you had at the time.

Surely he can't sue YOU, it will be your insurance?!?

No he won't be suing the insurance company they have done nothing wrong. He will be suing Volxstu and he has his insurance cover in case this happens so they are financially responsible under the terms of the policy.