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Hi all - got knocked off my bike in Keswick end of last year by a Porsche driver (bike damage, broken nose, cuts, bruises etc), and have been waiting to see if the police are going to charge him before seeking compensation etc (reckoned I had a better chance if he was charged and - hopefully - convicted). Police have now sent me an MG19 form 'application for compensation', but can anyone advise if I'm better doing all the compensation stuff via a personal accident lawyer, or to go down the 'police & courts' route with this form? I'm a bit confused about whether they're two separate claim processes, and if the court makes some derisory award, am I then screwed for seeking further damages via a solicitor? Any advice would be really appreciated... thanks.
Sorry to hear OP, have no idea really, heal fast and well.
If you are a member of BC that will help. Sure someone out here will come back with some useful advice.
Go with the insurer. Criminal compensation relies on a conviction (which can go wrong for all sorts of reasons), accurately understanding your claim (once it’s decided you can’t go back and say you missed a bit), and the offenders ability to pay. It could also be confused by his lawyer pointing out that he is insured and that is the normal and proper resolution for RT matters. Add to that the court is likely to allow time to pay (although a Porsche might get more scrutiny on that than a fiat panda) which could take you a couple of years to receive payment, or you might never get it (if he refuses to pay, gets locked up for something, becomes bankrupt, dies etc then usually it will be written off).
only wait for the courts to deal with compensation if the insurer can’t/won’t. Make sure you let the prosecutor know that you don’t consider accepting any insurance payment resolves any careless charge. It is quite common for defence lawyers to suggest that “it was just an accident and has been sorted by the insurers” to overworked prosecutors who are happy to have an excuse to drop cases.
Go with the insurer. Criminal compensation relies on a conviction (which can go wrong for all sorts of reasons), accurately understanding your claim (once it’s decided you can’t go back and say you missed a bit), and the offenders ability to pay..... It is quite common for defence lawyers to suggest that “it was just an accident and has been sorted by the insurers” to overworked prosecutors who are happy to have an excuse to drop cases.
OP, ignore this post ^, it appears to be mostly complete bollocks.
Instead, read the relevant Government webpage here, in particular this bit which states that you should make a civil claim against the motorist, and only seek money from the CICA if for some reason that is unsuccessful (something more likely where dealing with a criminal injury like GBH or murder, where the perpetrator is often likely to have little or no money to pay a civil claim, as opposed to a motoring accident where there is an insurer who would pay [or the Motor Insurers Bureau if the driver was uninsured or untraced]).
The Scheme is intended to be one of last resort. Where the opportunity exists for you to pursue compensation elsewhere you should do so. We will expect you to take all reasonable steps to obtain any social security benefits, insurance payments, damages or compensation to which you may be entitled as a result of your injuries. We may ask for evidence that you have:
- considered if it was possible to claim compensation from your assailant and pursued this if there was a chance of success;
- asked your employer about damages or insurance entitlements; and
- applied for all benefits to which you may be entitled.
We may not make a decision on your case until such times as we are satisfied that you are eligible and you could not get compensation from any other sources. You must keep CICA informed about any other claims you are pursuing.
Regardless of whether or not you are seeking compensation or damages from other sources you should make your application to CICA as soon as possible.
You may still be eligible for an award under the Scheme even if your assailant is not known, or is not convicted.
A solicitor will fight your case more " aggressively" than an insurer ..there are plenty out there prepared to do just that on a no win / no fee basis if the amount of unsolicited telephone calls I receive are anything to go by ( and this for an accident involving a deer ! )
Did the deer pay up?
Get a personal injury lawyer on your side and they will sort everything out.
I used https://www.bikeline.co.uk/ and they were excellent.
Ghostly ..
No it was an old dear ..and she just got up and ran off...😁
OP, ignore this post ^, it appears to be mostly complete bollocks.
If you replaced all posts on STW with this, it would be a better place 🙂