When, and to whom, should I submit a personal injury claim...?

[Clan Lamont]

Hoping someone can advise me on the above.

During Summer 2018 I was run over by a vehicle driven directly at me (driver took umbrage when I politely returned the rubbish he threw from his car back to him), resulting in personal injury, property damage and the police launching an attempted murder investigation. Vehicle description and registration was recorded.
The police arrested a suspect a few days later, then arranged a video line-up where I successfully identified the suspect. Having gotten most of their forensics back they re-interviewed the suspect prior to handing the case to the CPS - we are now awaiting a response from the CPS to ascertain what, if anything, the suspect will be charged with. Investigating officer advises that decision whether to charge, and what with, will solely be one for the CPS but, based on forensics and ID parade result, believes that a charge will be forthcoming.

Having received immediate NHS care and subsequent treatment provided by BUPA, I had to provide BUPA with an assurance that I would submit a personal injury claim and attempt to gain reimbursement for the costs that they have covered.
Just wondering if someone can advise me on my best course of action? The police haven't provided me with the suspect's personal info, but I do still have the car info (police confirmed that suspect was insured to drive the vehicle and was known to be in possession of it on the night in question) so presume this could be used to progress a claim..? Would you suggest that I:
- engage BUPAs 'preferred' personal injury solicitors
- utilise my personal motor vehicle legal cover (I was a pedestrian at the time, car parked on the driveway)
- utilise my household legal cover
- identify another personal injury firm to represent me
- something else

Also, with regards to timing, would you suggest that I:
- engage a solicitor now
- await the CPS decision around charges
- wait for any court case to commence
- await the outcome of any court case

I'm tempted to wait for the case to go to court as, assuming he pleads / is found guilty, I would expect this to strengthen my case; of course, should it not go to court, or the suspect be found not guilty, this would presumably weaken my case.

In case it's relevant, this occurred in England rather than Scotland.

Any thoughts and advice greatly received.

Many thanks.

[sttony]

Hoping someone can advise me on the above.

During Summer 2018 I was run over by a vehicle driven directly at me (driver took umbrage when I politely returned the rubbish he threw from his car back to him), resulting in personal injury, property damage and the police launching an attempted murder investigation. Vehicle description and registration was recorded.
The police arrested a suspect a few days later, then arranged a video line-up where I successfully identified the suspect. Having gotten most of their forensics back they re-interviewed the suspect prior to handing the case to the CPS - we are now awaiting a response from the CPS to ascertain what, if anything, the suspect will be charged with. Investigating officer advises that decision whether to charge, and what with, will solely be one for the CPS but, based on forensics and ID parade result, believes that a charge will be forthcoming.

Having received immediate NHS care and subsequent treatment provided by BUPA, I had to provide BUPA with an assurance that I would submit a personal injury claim and attempt to gain reimbursement for the costs that they have covered.
Just wondering if someone can advise me on my best course of action? The police haven't provided me with the suspect's personal info, but I do still have the car info (police confirmed that suspect was insured to drive the vehicle and was known to be in possession of it on the night in question) so presume this could be used to progress a claim..? Would you suggest that I:
- engage BUPAs 'preferred' personal injury solicitors
- utilise my personal motor vehicle legal cover (I was a pedestrian at the time, car parked on the driveway)
- utilise my household legal cover
- identify another personal injury firm to represent me
- something else

Also, with regards to timing, would you suggest that I:
- engage a solicitor now
- await the CPS decision around charges
- wait for any court case to commence
- await the outcome of any court case

I'm tempted to wait for the case to go to court as, assuming he pleads / is found guilty, I would expect this to strengthen my case; of course, should it not go to court, or the suspect be found not guilty, this would presumably weaken my case.

In case it's relevant, this occurred in England rather than Scotland.

Any thoughts and advice greatly received.

Many thanks.

JUst to let you know that this is NOT a personal injury claim as 99% percent would perceive. For example, someone drives into the back of you. YOu sue the other persons insurance company.

In this case, it is a CICA (criminal injuries compensation authority claim -pardon the non-caps). The reason for this, is that the vehicle is 'likely' to be deemed as being used as a weapon.

Claim is easy to put through, and the CICA will do all the legwork in contacting the police etc. I am a lawyer, and to be honest, you do not need the services of a lawyer who will charge you up to 50% of your award. Legal costs are not recoverable in CICA claims.

What you do is;

1 Visit the CICA website. Be careful, as a company has has set up a website giving the appearance of being the actual CICA. They charge of course.
2 Complete the form (have the police reference number to hand)
3 Submit the form and deal with the correspondence as and when it lands

That is it. I have been dealing with these claims for 20 years, so I think I know what I am on about.

Best of luck.

PS - with BUPA, you advise them that you have submitted a claim. Technically you are not misleading them. The issue is that their disbursements might not be met in full.

[Amethyst]

CICA link - https://www.gov.uk/government/organi...tion-authority

[Peridot]

Hi Clan Lamont,

Blimey bit of an over reaction by the driver! I agree it is possible to make a CICA claim but there are a number of factors that will affect whether this is possible or not. In addition a little more information about your injuries would be helpful. In order to bring your claim you would have to show that the injuries you sustained were above a certain level. For example a twisted ankle that settles in a week or so would not be sufficient, but a knee injury requiring surgery or months of recovery would be sufficient to bring a claim. CICA also have certain criteria that must be met before you can bring a claim too. The following is taken from a solicitor's website (not recommending them but their fact sheet is quite helpful) about making a CICA claim:-
What has to be proved?

To be successful in any CICA claim, you have to establish that you have been the innocent victim of violent crime. In other words, you need to prove that the someone else has assaulted you and caused significant injury. If you prove this, the State will compensate you as long as your injuries have a tariff value exceeding £1000.

If you are considered by the CICA to have provoked or willingly participated in the assault, the CICA can withhold or reduce compensation. If the victim of violence has a criminal record, the CICA again may reduce or withhold compensation.



So depending on your responses it may not be so straightforward. In addition loss of earnings would not be paid for the first 26 weeks. It would be worth while looking at the site information here:- https://www.thompsons.law/news/news-...ion-fact-sheet

It would be possible to claim as an RTA as it involves a vehicle. It would then be down to the driver's insurers to deal with your representatives. My concern here would be that the insurers may refuse to cover their insurer if he has deliberately tried to run you down. However you would then have the option of dealing with the Motor Insurers Bureau (MIB) to make a claim when the accident involved an uninsured driver or via CICA.

Practically, you need to check your own home insurance and speak to your union if you are a member about the availability of before the event insurance with your policy or union membership. If that is the case then it would not be necessary to obtain after the event insurance the premium for which you would be expected to pay yourself. This insurance protects you in the event the matter went to trial and you lost so potentially became liable for the other side's costs as well as your own disbursements, such as medical reports, court fees etc.

It can be difficult pursuing your own claim there are certain pieces of evidence that will be required such as medical evidence which is probably easier to obtain if PI specialists are involved. As far as the cost of pursing a claim is concerned if you instruct a PI solicitor specialist and are successful in your claim then the otherside will usually pay the majority of the costs and disbursements you incur. Any shortfall may be claimed from your damages by the solicitor acting for you but this is capped at 25% of any damages you receive so I'm not sure where the 50% figure comes from unless this is purely in relation to CICA claims? This is the link to the law society website which discusses PI claims and what you can expect in respect of costs. There is a lot of other handy information about making a PI claim there to:- https://www.lawsociety.org.uk/for-th...ry-claim/#cost

In my opinion I would be tempted to discuss with a PI specialist lawyer (who will usually provide a free initial advice appointment or telephone discussion), rather than going to a claims type helpline where your claim would be farmed out to a panel lawyer. This way you'll know whether you have a claim of sufficient severity to make a claim in addition to being advised of the best route to take. They will also confirm their likely costs and what amount you could have to pay at the end, if they do this, not all do.

Check your house insurance for before the event insurance and check with your union if you are a member whether there is anything available through them.

Hopefully you have enough to be going along with and we have clarified some of the issues, but do pop back if you have any other queries.

[des8]

[QUOTE=Peridot;n1445055]Hi Clan Lamont,. My concern here would be that the insurers may refuse to cover their insurer if he has deliberately tried to run you down.

To support your contention that RTA insurers would be liable cf Bristol Alliance Ltd Partnership v Williams [2011] EWHC 1657 (QB),
This is because Sec 145 of the Road Traffic Act, requires a policy to cover any liability which might be incurred as a result of "use of the vehicle"

[Clan Lamont]

That's all really useful, thanks everyone.

Personal injuries are:
- Dental (broken / dis-lodged teeth, still undergoing treatment)
- Jaw pain / grinding (dis-charged by NHS now, but still experiencing pain / aches / grinding and occasional muffled hearing in one ear)
- Knee pain / collapsing (had MRI that didn't reveal anything around 3 months ago, but still encountering difficulty so may request BUPA provide a second opinion)
- Gash under chin requiring 11 (I think) stitches, resulting in long scar
- Hand / wrist pain (mostly resolved, occasional aching / pain still evident)
- Mental health concerns (happened close to home so ended up installing CCTV system due to anxiety around him returning to 'finish the job off')

Also lost a pair of jeans (£140), polo shirt (£120) and 1-week old glasses (£400) as a result of the impact / emergency medical care.

Loss of earnings isn't an issue as I'm salaried and received full pay whilst off work for the following two and a half weeks.

Fully understand the point around use of the vehicle as a weapon - without going through the detail (as I fully expect this to go to trial soon), I'm 100% certain that this is precisely how the vehicle was used, although it's reassuring to see the case law provided by DES8..hopefully this removes the insurers' get out option.

Not a member of a union so I'll check the house insurance for before the event insurance - we're with one of the mainstream insurers rather than a cheapy-cheapy option so hopefully this will be standard.
Once I've done that it would seem that speaking to a specialist PI solicitor is appropriate - do you have a list of recommended providers or should I look for someone local to me?

Finally, does anyone have a view around timing - should I wait until post-trial or carry on now?

Thanks again everyone.

[Peridot]

Hi Clan Lamont,
We don't recommend you can search for a specialist PI lawyer on the Law Society website or JustBeagle. There is no harm looking for someone now and getting things underway.
Not sure CCTV would be claimable but if they are having psychological issues it would be sensible to see the GP to discuss this.
Here if need support

[Clan Lamont]

Sorry, me again.

So, I've been advised that this is to go to Crown Court soon; when I was notified, the Police Officer explained that he needs to know whether I wish to submit a claim to the court for costs incurred, such as damaged property. Could you advise whether you believe that this would be a good idea (potential for a court decision against the individual) or if I should not claim anything through this process and instead hand it all over to a PI lawyer to claim from the insurers?

I can see a benefit in having a judge make a decision, but if the offender has no funds do I effectively lose any monies awarded? By going through a PI lawyer I could benefit from claiming against the insurer, but lose the opportunity for the court to find against the offender personally.

As ever, your advice will be gratefully received.

[Peridot]

Hi Clan Lamont,
These are two different issues. One is a criminal prosecution and the other (the personal injury claim) is a civil action.
Any award you receive as part of the criminal proceedings can be deducted from any PI claim amount if needs be. As you say if he has nothing then any award in the criminal proceedings may not be forthcoming or could be paid in dribs and drabs.
The insurers will be dealing with the PI claim.
I would get the PI claim (civil claim) under way. If you receive an award for damaged property in the criminal proceedings then that can be removed from any PI claim so you aren't benefitting twice, but I would include everything for the time being in the PI civil claim too.

[des8]

If you are awarded in the criminal case a sum for damages to property, that IMO, should not be deducted from any award made for personal injury..
In any case his insurers should be picking up the property damage costs irrespective of any PI claim