hi, if liability is totally the third partys fault, all of your costs and losses can be claimed back, i would reccomend either using a accident management company (totally free) or instruct a solicitor, have sent you pm
That's the first point.freewheeler said:The police are prosecuting the other driver for careless driving
That may be because they are waiting for the result, to use it as a yardstick for their own civil proceedings - see below.freewheeler said:The insurance company say they are unable to pay these until the court case is resolved
This is the second point. She can't avoid it, if she's already been summonsed to court. She can dispute it, plead Not Guilty, and have her day in court, but - unless there is some significant technical error in the pre-court prosecution process which may mean the CPS will discontinue - she can't "avoid" it.freewheeler said:It would appear that the other driver is considering trying to avoid prosecution
And neither will the court until the trial, which is complete and utter wrongness. However, from 1st June, defendants of all levels of trial will have to disclose at the plea stage what the basis of their defence is, and the Magistrates will have the power to reject or allow the Not Guilty plea (the "CJSSS" system). This will happily drastically reduce the number of waste-of-time Not Guilty pleas which are changed on the day of the trial to Guilty (about 80%!).freewheeler said:She has not admitted liability, nearly 5 months after the event. I know not on what grounds she is trying to get off this charge
No. See my previous point. There is no direct correlation between criminal and civil proceedings, but if the driver is found Not Guilty after a trial, I would want to consider the reasons (and would be present during the trial, as would be my right).freewheeler said:If the other driver gets off the charge, does this mean I lose the chance of getting my un-insured losses back?
Oh, as many as she cares to put forward. Some types of defences can bypass the witnesses and obviate the need to call them to court, if she does not dispute their evidence and relies on other factors as defence. For example, she could claim she sneezed, making it physically impossible to keep her eyes open. Or a bumble bee attacked her. Whatever.freewheeler said:I could not think what possible defence the other driver may have
Excuse my ignorance, Jakki - but what's a 'chook'?bonnieboo said:Hi
Along with looking after the chooks, working for the nhs and motorhoming I am also a magistrate.
We have had cases like this in court and when the defendent has been found not guilty the claim for damages has not been able to be made.
I she may plead not guilty and it will go to trial, I expect it will be a summary trial so will be trialed in the magistrates court.
Hopefully you have witnesses for your side
Good luck, email me if you need any guidance and I will try to help
Jakki
Magistrates don't deal with civil cases, and from personal experience with hundreds of 'em :roll: including a cousin who is one, I can't really think how a magistrate will often know whether an civil insurance case will proceed or not on the basis of considering the result of a case in the criminal court. Once the magistrates reach their verdict, their involvement with the defendant ends (in this context).freewheeler said:one you, who seems quite qualified as a magistrate, says that if she is found Not Guilty then the possibility of claiming is not likely
Define the word "proper"....... 8Ofreewheeler said:I know that nothing can replace the advice of a proper solicitor
That made me laugh, its a chicken ha ha. we have 200 chickens 8 geese and 16 ducks.time-traveller said:Excuse my ignorance, Jakki - but what's a 'chook'?bonnieboo said:Hi
Along with looking after the chooks, working for the nhs and motorhoming I am also a magistrate.
We have had cases like this in court and when the defendent has been found not guilty the claim for damages has not been able to be made.
I she may plead not guilty and it will go to trial, I expect it will be a summary trial so will be trialed in the magistrates court.
Hopefully you have witnesses for your side
Good luck, email me if you need any guidance and I will try to help
Jakki