Without due care

[Helenamary]

Hi, my 18 year old was driving a car in slow moving traffic and decided to make a right turn up ahead once he approached the junction (which was a farm shop car park). His plan was to turn in the carpark rather than do a 3 point turn in the road as believed this a safer option. He had a bus behind with distance and the road behind was on a slight bend.
He checked mirrors, signalled and manoeuvred and was halfway across the road when he saw 2 motorbikes overtaking the bus and heading straight toward him. One bike went behind his car and the other hit the side of his car as he appeared to try and go around the front of his car after impact.
Car written off, no damage to the bike but motorcyclist seriously injured.
police at scene told my son it wasn’t his fault and that bikes always have accidents at that spot from overtaking.
since then 30 days later, my son gave interview at police station to give “his side of events”. Police got him a duty solicitor and did a recorded interview. Adviser would hear a week later of outcome.
53 days later police turned up with a letter offering an educational course as he may have been driving without due care.
If he accepts the course does this mean he is accepting liability for the accident when he believes he did nothing wrong?
please can you give some advice as he has no idea if to book the course or if the police will then try to prosecute at court or what happens next.
thank you

[HandyAndy]

He needs to beware of conflating the issue of a criminal charge (Careless Driving) with any civil action that may be taken by the biker(s).

Also to be borne in mind is that the police get a cut (approx. one third) from the course fee.

There is no need for the police to provide a formal "notice of intended prosecution" because they attended the scene (and presumably warned him then that he may be prosecuted) but even if they did not, no warning was necessary because an accident had occurred. When you say he has a "...letter offering an educational course as he may have been driving without due care" what exactly does it say?

[Helenamary]

The police have offered an educational course. I’m not sure what you mean in your first paragraph. It’s quite a worrying time and we do t know what to do for the best.

[Helenamary]

Should he accept the course even though he doesn’t believe he was at fault to avoid having to go to court?
if the motorcyclist takes out a civil action against him, will he still then have to go to court or is it an insurance claim against our son?
we have never had any experience of claims or accidents before so it is tricky for us to know what to do in this situation.
knowing there are many companies that do a no win no fee option makes us wonder if the motorcyclist will try to claim for loss of earnings and injuries etc even though we believe he caused the accident by overtaking.
please will you point us in the right direction as to what we need to do. We are not wealthy so unable to afford a solicitor.

[Helenamary]

Sorry for all of the replies, our son had legal cover on his car insurance, should he contact them to deal with fighting against any civil action the motorcyclist may take? Does his decision whether to accept the police course have any impact on whether civil action can be taken or not please? Thank you for any help

[Helenamary]

Police told us that it’s difficult to know if the motorbike was speeding and said he told them he was close to the bus and that our son did not indicate. The cctv from the bus which was behind shoes that he did indicate. The police then said he may not have waited long enough between indicating and making the turn.

[HandyAndy]

I’m not sure what you mean in your first paragraph.

You've demonstrated what I mean:

Does his decision whether to accept the police course have any impact on whether civil action can be taken or not please?

One is not dependent on the other, nor will one prevent the other from taking place. He might take the course to avoid being prosecuted for careless driving but that would not prevent the biker from making aa civil claim. The two things are completely separate. He should leave the biker's claim against him to his insurers. This is particularly so as serious personal injury is involved.

Should he accept the course even though he doesn’t believe he was at fault to avoid having to go to court?

The definition of careless driving is that which "...falls below what would be expected of a competent and careful driver." It is impossible to say from your description whether a prosecution would succeed. The police attitude seems very non-committal but I must say it is unusual for them to offer a course when there was an accident and particularly where serious personal injury had resulted.

The strategy with the lowest risk would be to take he course. If he doesn't accept it, the police may offer him a fixed penalty (£100 and 3 points) or they may prosecute him in court. If he is convicted in court, because of he injury caused, he will probably end up with five or possibly six points. Since he must have passed his test less than two years ago, six points will see his licence revoked and he will have to take his test again.

[Helenamary]

Thank you very much for your help which is appreciated

[Helenamary]

Thank you very much for your reply which is much appu

[Manxman]

I know this is 10 days late but I'd have thought it was a no-brainer to accept the course(?).

I presume he has to pay a fee for the course, but that there is no fine and no penalty points involved?

If either or both of the motorcyclists threaten - or initiate - a civil claim against your son, he must pass all correspondence etc onto his insurer for them to deal with it as soon as he becomes aware of it. Details of how to do this ought to be in his insurance policy.

I presume your son has already notified his insurers of the accident anyway so they are aware of it?

[Helenamary]

Thank you, he has accepted the course now and had already contacted his insurance company.
He has written to them again and provided copies of the bus cctv which clearly shows what happened.