Prosecute driver that hit me

[andyc128212]

Hello, I have a question regarding prosecution of a driver that hit me whilst I was cycling. I will try to be brief as possible to explain, so, I was cycling in a bike lane next to a queue of traffic and was hit by a car turning left into me without indication and I went to hospital. I assume she’d had enough of queuing and turned into the side road to leave the queue. Lot's of witnesses saw it, she said she didn’t look!

Anyway, I have a solicitor and a claim ongoing for the injuries plus damage to my bike. My question relates to prosecution. Around the time the police lady that was passing the accident and helped me, called me, she was very helpful. On one call, she suggested that pursuing a prosecution would delay the claim process and the punishment may be lenient anyway, and may not be worth it. I thought she was possibly saving herself extra work, and I agreed at that point to speed things up. Now her insurer are not accepting liability yet (although not denying either). But they are using a technicality to delay stating where they stand for another 3 months, so we’d 5 months down the line before the even state where they stand.

I don’t feel the driver should be able to have their cake and eat it, I want to go back to having them punished somehow, we have time now… is this possible 3 months after the incident? (sorry if this is in the wrong area).

[des8]

Any criminal charges would probably be section 3 ie careless driving and even if it was put before the magistrates now, it could be another 6 months before it came to trial.

You say the third party insurers are using a technicality.... what technicality?
If they are refusing to admit liability tell your solicitor to send a letter before action and prepare to lodge a court claim.
A criminal prosecution will not necessarily assist your civil claim for damages (suppose the driver is found not guilty because the evidence is insufficient?)
A criminal prosecution is not necessary for a civil claim to proceed.

PS a solicitor makes more money playing letter tennis so may not be very very active about a court claim

[jaguarsuk]

Any criminal charges would probably be section 3 ie careless driving and even if it was put before the magistrates now, it could be another 6 months before it came to trial.

You say the third party insurers are using a technicality.... what technicality?
If they are refusing to admit liability tell your solicitor to send a letter before action and prepare to lodge a court claim.
A criminal prosecution will not necessarily assist your civil claim for damages (suppose the driver is found not guilty because the evidence is insufficient?)
A criminal prosecution is not necessary for a civil claim to proceed.

PS a solicitor makes more money playing letter tennis so may not be very very active about a court claim

Agree with this, the burden of proof is much higher in the criminal courts.

[lgfa92]

The standard of proof in a criminal court is beyond all reasonable doubt whereas in the civil courts it is on the balance of probabilities. A successful criminal conviction on the same grounds later used to sue in a civil case is very good evidence due to the higher level of proof required in the criminal case.

You cannot really choose to prosecute - that is a function of the CPS (unless you can afford a private prosecution, in which case the CPS can take it over anyway if they wish) and the police. The police may push the case to the CPS if you tell then you are interested in keeping it going but ultimately if the CPS decide not to prosecute all you can do is to appeal that decision.

For a summary offence, such as careless driving, there is a 6 month time window for the charges to be laid at the court (after that though the process takes months to go through).