Can you sue someone if they flick a fag out of a moving car and it hits you through your open visor? Some of my mates think you cannot, and that it is impossible to prove.
Answer
Oh, you very much can! We can look at the law in two ways here. The first is criminal and the second is civil. If PC Plod was a biker and caught by this errant flying fag, hitting him in the face, you can bet your ass he will flick on the blues and twos and pull the driver over. The copper then has a load of options available to him: he can reprimand the driver until the cows come home (which might make him feel better) or he can decide to prosecute. He probably has a whole host of offences to pick between, from littering, which attracts a fine only, or charging careless driving, which will probably mean the driver ends up before the magistrates’ court having to explain himself to a grumpy bench.
A careless charge can end up with your licence being endorsed with anywhere between three to nine points, plus a fine. Turning to your civil remedy, as it is negligent to throw items from your car, you can be held liable for damage caused in a civil claim. so, not only can you get a slap and a fine from the criminal courts, but the civil courts will order you to pay damages to the biker you injured. Eye injuries are no joke, so if the ciggy ends up a biker’s eye and causes injury, the guidance suggests:
• Total blindness: In the region of £327,940
• Total loss of one eye: £66,920 to £80,210
• Minor eye injuries: £4820 to £10,660
Ultimately, it is the car insurance company who has the liability to pay this money out – but be aware! If you are a silly car driver who has lied to your car insurer about how many points you have or how many claims you had in the last five years (and they find out), then any money they pay out, they can come and sue you for directly for being in breach of the terms of your policy. All of a sudden, a harmless ‘fag out of the window’ isn’t so harmless and could cost you your house.
Gavin Grewal
Fast Bikes – May 2025
