Police didn't prosecute for TWOC - what does this mean for my insurance claim?

cjp2308

shiraz99 said:

DB1904 said:

shiraz99 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The police don't prosecute anyone, that's the job of the CPS and it will be them that decide whether it's worth doing so or not, even if there's enough evidence to secure a prosecution.

The police in this case can make the charging decision and charge the suspects without the need for CPS. This leaves me to wonder were they cautioned.

Charging is not he same as prosecuting. The OP isn't really clear as to whether they have or will be charged or not and even if they are the CPS could still not bother with taking it further.

In the police report, it states in the outcome section - No further action in relation to TWOC, but them some is redacted, So could be other charges to be raised, who knows 

DB1904

shiraz99 said:

DB1904 said:

shiraz99 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The police don't prosecute anyone, that's the job of the CPS and it will be them that decide whether it's worth doing so or not, even if there's enough evidence to secure a prosecution.

The police in this case can make the charging decision and charge the suspects without the need for CPS. This leaves me to wonder were they cautioned.

Charging is not he same as prosecuting. The OP isn't really clear as to whether they have or will be charged or not and even if they are the CPS could still not bother with taking it further.

There should be no doubts whether they were charged. If the were the OP must be informed.

I don't think the question about caution has been answered.

soolin

cjp2308 said:

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

It is quite possible that there is not enough evidence to prove the lads had TWOC, but also not enough to persue you for allowing, nothing is likely to go to court without a fair to good chance of something being proved, otherwise it is a monumental waste of time. There might not be enough to prove beyond doubt that there was not some implied consent when you left your keys on the table. You mention leaving your keys on a table with friends (plural) is there any one of them that was sober enough to see the keys being stolen and did they report that to the police at the time? Have any of them any recollection of events and have any of them spoken to the police either formally or informally? 

Any other prosecution resulting in the reckless or careless driving has no relevance to your case at all, the lads can be prosecuted for that whether or not it was a case of TWOC. 

If you insurance company satisfy themselves the car had been stolen, then it might still just come down to the fact of whether they consider your were negligent with your keys or not. 

cjp2308

soolin said:

cjp2308 said:

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

It is quite possible that there is not enough evidence to prove the lads had TWOC, but also not enough to persue you for allowing, nothing is likely to go to court without a fair to good chance of something being proved, otherwise it is a monumental waste of time. There might not be enough to prove beyond doubt that there was not some implied consent when you left your keys on the table. You mention leaving your keys on a table with friends (plural) is there any one of them that was sober enough to see the keys being stolen and did they report that to the police at the time? Have any of them any recollection of events and have any of them spoken to the police either formally or informally? 

Any other prosecution resulting in the reckless or careless driving has no relevance to your case at all, the lads can be prosecuted for that whether or not it was a case of TWOC. 

If you insurance company satisfy themselves the car had been stolen, then it might still just come down to the fact of whether they consider your were negligent with your keys or not. 

It took 4 months of chasing for me to provide a statement to the police, my friends were also happy to provide statements but the police said they didn't need them at this stage.

Both the police and insurance have been difficult to deal with and I've been chasing a few times a week.

The insurance now have my statement, my video interview and the police report, I asked what is the next step of the process but they said they would be in touch when they get to the next stage 

DB1904

cjp2308 said:

soolin said:

cjp2308 said:

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

It is quite possible that there is not enough evidence to prove the lads had TWOC, but also not enough to persue you for allowing, nothing is likely to go to court without a fair to good chance of something being proved, otherwise it is a monumental waste of time. There might not be enough to prove beyond doubt that there was not some implied consent when you left your keys on the table. You mention leaving your keys on a table with friends (plural) is there any one of them that was sober enough to see the keys being stolen and did they report that to the police at the time? Have any of them any recollection of events and have any of them spoken to the police either formally or informally? 

Any other prosecution resulting in the reckless or careless driving has no relevance to your case at all, the lads can be prosecuted for that whether or not it was a case of TWOC. 

If you insurance company satisfy themselves the car had been stolen, then it might still just come down to the fact of whether they consider your were negligent with your keys or not. 

It took 4 months of chasing for me to provide a statement to the police, my friends were also happy to provide statements but the police said they didn't need them at this stage.

Both the police and insurance have been difficult to deal with and I've been chasing a few times a week.

The insurance now have my statement, my video interview and the police report, I asked what is the next step of the process but they said they would be in touch when they get to the next stage 

As a suspect? 

DB1904

soolin said:

cjp2308 said:

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

It is quite possible that there is not enough evidence to prove the lads had TWOC, but also not enough to persue you for allowing, nothing is likely to go to court without a fair to good chance of something being proved, otherwise it is a monumental waste of time. There might not be enough to prove beyond doubt that there was not some implied consent when you left your keys on the table. You mention leaving your keys on a table with friends (plural) is there any one of them that was sober enough to see the keys being stolen and did they report that to the police at the time? Have any of them any recollection of events and have any of them spoken to the police either formally or informally? 

Any other prosecution resulting in the reckless or careless driving has no relevance to your case at all, the lads can be prosecuted for that whether or not it was a case of TWOC. 

If you insurance company satisfy themselves the car had been stolen, then it might still just come down to the fact of whether they consider your were negligent with your keys or not. 

Seems they admitted a twoc and the OP has given a statement. What more could they need? They're bang to rights with insurance and licence though. 

However the OP mentions a video interview which suggest the police don't believe their story.

JohnnyB70

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

The OP doesn’t seem likely to have the resources to do that, and his friends who he’s accusing of crashing the car are unlikely to have the money to compensate him either.

Given what’s really happened though it’s a moot point.

JohnnyB70

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

cjp2308

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

cjp2308

DB1904 said:

cjp2308 said:

soolin said:

cjp2308 said:

DB1904 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

When in November did it happen? Six months is nearly up so running out of time. Without a twoc then you're on the hook for permitting otherwise in accordance and no insurance.

Are you sure they weren't cautioned?

That was my initial concern on top of insurance, but I've haven't been questioned or anything about permitting - as all my statements have reiterated this And I have been happy support prosecution for the TWOC.

21st of November so will hit 6 months in 3 weeks

It is quite possible that there is not enough evidence to prove the lads had TWOC, but also not enough to persue you for allowing, nothing is likely to go to court without a fair to good chance of something being proved, otherwise it is a monumental waste of time. There might not be enough to prove beyond doubt that there was not some implied consent when you left your keys on the table. You mention leaving your keys on a table with friends (plural) is there any one of them that was sober enough to see the keys being stolen and did they report that to the police at the time? Have any of them any recollection of events and have any of them spoken to the police either formally or informally? 

Any other prosecution resulting in the reckless or careless driving has no relevance to your case at all, the lads can be prosecuted for that whether or not it was a case of TWOC. 

If you insurance company satisfy themselves the car had been stolen, then it might still just come down to the fact of whether they consider your were negligent with your keys or not. 

It took 4 months of chasing for me to provide a statement to the police, my friends were also happy to provide statements but the police said they didn't need them at this stage.

Both the police and insurance have been difficult to deal with and I've been chasing a few times a week.

The insurance now have my statement, my video interview and the police report, I asked what is the next step of the process but they said they would be in touch when they get to the next stage 

As a suspect? 

Sorry I should have been clearer, video interview was with the insurance company service provider a company called The Costwold Group which was basically just me giving another statement to repeat what I initially reported