Long story short, he was absolutely flying in his souped-up Focus ST with all his cameras rolling for his social media channel (what an absolute plonker!!!) and the net result was me hitting the windscreen and bouncing off the top of his car and over a drystone wall.
When the Police and ambulance arrived, everyone thought it would be a fatal accident, so were a bit surprised to find me alive and talking (well, mainly swearing at the driver and in pain).
So… over 12 months have passed and I have had multiple operations on my leg and hip. However, on the legal front, I am hacked off. We are now off to the Crown Court for sentencing the ‘dangerous driving’ of the Ford driver. I am going to tell the Judge that I need some more money (I have only had a £100,000 interim to date) and I want the car driver thrown in jail.
I am also really worried about my future in case I need further hip replacement as I get older. I am only 37 years old. What can I do about that? My solicitor has told me I need to wait and see what the medical expert says.
Answer
That sounds like a proper scary accident, and I am glad you are here to tell the tale. As for the legal side, it is probably helpful to briefly explain the different types of Court in England and Wales.
Broadly speaking, there are three types of Court: the Coroner’s, the Criminal and the Civil. The Coroner’s Court investigates certain deaths which are deemed to be unnatural, violent, or where the cause is unknown.
To state the obvious, Criminal Courts deal with people who have allegedly committed crimes, i.e. burglary, murder, dangerous driving, etc. Civil Courts deal with a wide range of issues, i.e. where people, businesses or other organisations are trying to resolve their disputes with each other. They deal with quite small or simple claims, for example damaged goods or recovery of debt, to large claims between multi-national companies. They also deal with personal injury claims.
Therefore, whilst it may sound weird, next week’s hearing at the (Criminal) Crown Court is not primarily concerned with you as the ‘victim’. Instead, the hearing will deal with the ‘state’ punishing the Ford driver, i.e. sending him to prison, etc.
The ‘Criminal’ Judge will not be there to order you to be paid money. That is what a Civil Court will deal with later, if applicable. If you are in need of further money, I advise you speak to the solicitor dealing with your civil claim for personal injury. S/he can then request that from the Ford driver’s insurer. If they will not give you any more money at this stage, you could instruct your solicitor to make an application to the Civil Court.
As for the future, your solicitor is spot on and if your medico-legal expert advises that in due course you will need a further hip replacement in the future, that can be included as part of your civil claim.
Andrew Prendergast
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