RTA with third party having no Mot.

marcia_

 I'm currently going through criminal injuries. 

 If you think criminal injuries will compensate you £2k a month you are mistaken. 

 Loss of earnings is limited to the equivalent of statutory sick pay. 

 Criminal injuries is also limited to crimes that have been reported to the police as such. 

tony6919

DanDare999 said:

tony6919 said:

It has been dragging out for 18+ months. the point of contact could be argued as to being on the main route as the single lane expands into left only/ straight on/ right only at the lights. cctv shows the traffic stopped and the lead vehicle allowing my exit. although it does not clearly show plate number and the lead vehicle does a quick exit. 

And why do you think driving beyond that vehicle into the path of another isn't your fault?

I didn't just pull out into a vehicles path. the single lane of traffic was stopped. the lights to my left where on red. no traffic was running for my right turn. I edged out slowly at which point the TP obliterated my front end. I returned to the scene later and took measurements against vehicle widths and lane width. The TP had to be travelling overhanging the opposite lane and so had a duty of care approaching traffic lights and junctions. My original question relates to " Do I wait for liability to be determined by insurance or follow a route for criminal injuries (personal injuries)" as I understand there is a time limit to all this and my Insurance just seems to want to take the excess and up my policy cost. 
I personally have never and would not drive a vehicle without being totally covered and legal

DanDare999

tony6919 said:

DanDare999 said:

tony6919 said:

It has been dragging out for 18+ months. the point of contact could be argued as to being on the main route as the single lane expands into left only/ straight on/ right only at the lights. cctv shows the traffic stopped and the lead vehicle allowing my exit. although it does not clearly show plate number and the lead vehicle does a quick exit. 

And why do you think driving beyond that vehicle into the path of another isn't your fault?

I didn't just pull out into a vehicles path. the single lane of traffic was stopped. the lights to my left where on red. no traffic was running for my right turn. I edged out slowly at which point the TP obliterated my front end. I returned to the scene later and took measurements against vehicle widths and lane width. The TP had to be travelling overhanging the opposite lane and so had a duty of care approaching traffic lights and junctions. My original question relates to " Do I wait for liability to be determined by insurance or follow a route for criminal injuries (personal injuries)" as I understand there is a time limit to all this and my Insurance just seems to want to take the excess and up my policy cost. 
I personally have never and would not drive a vehicle without being totally covered and legal

You equally had a duty of car not to put your vehicle into the path of a moving vehicle. I can't see you getting 100% liability against them. Part of this is your fault. 

So you have never strayed over the speed limit?

Car_54

tony6919 said:

DanDare999 said:

tony6919 said:

It has been dragging out for 18+ months. the point of contact could be argued as to being on the main route as the single lane expands into left only/ straight on/ right only at the lights. cctv shows the traffic stopped and the lead vehicle allowing my exit. although it does not clearly show plate number and the lead vehicle does a quick exit. 

And why do you think driving beyond that vehicle into the path of another isn't your fault?

My original question relates to " Do I wait for liability to be determined by insurance or follow a route for criminal injuries (personal injuries)" as I understand there is a time limit to all this and my Insurance just seems to want to take the excess and up my policy cost. 

The answer to your original question is simple, and has already been covered.

You are not a victim of violent crime, so criminal injuries compensation is a non-starter, a complete red herring.

For any personal injury claim, let alone one as serious as you describe, you really must seek professional advice ASAP.

DanDare999

Car_54 said:

tony6919 said:

DanDare999 said:

tony6919 said:

It has been dragging out for 18+ months. the point of contact could be argued as to being on the main route as the single lane expands into left only/ straight on/ right only at the lights. cctv shows the traffic stopped and the lead vehicle allowing my exit. although it does not clearly show plate number and the lead vehicle does a quick exit. 

And why do you think driving beyond that vehicle into the path of another isn't your fault?

My original question relates to " Do I wait for liability to be determined by insurance or follow a route for criminal injuries (personal injuries)" as I understand there is a time limit to all this and my Insurance just seems to want to take the excess and up my policy cost. 

The answer to your original question is simple, and has already been covered.

You are not a victim of violent crime, so criminal injuries compensation is a non-starter, a complete red herring.

For any personal injury claim, let alone one as serious as you describe, you really must seek professional advice ASAP.

The CPS classes for violent crime are Murder and manslaughter, Throwing corrosive substances (acid attacks), Assault, Gun and knife crime, Robbery. So I think the OP is out of luck there. 

With such a serious injury I see no mention of police involvement or a prosecution.

tony6919

marcia_ said:

 I'm currently going through criminal injuries. 

 If you think criminal injuries will compensate you £2k a month you are mistaken. 

 Loss of earnings is limited to the equivalent of statutory sick pay. 

 Criminal injuries is also limited to crimes that have been reported to the police as such. 

That seems a bit unfair. I raised the issue because that is all I have been getting statutory sick pay. 
The police where at the scene, the driver didn't speak English when details were to be exchanged. And the validity of the vehicle was questioned at the scene.
I had to ask a solicitor I knew to get in touch with the police to get TP details because they did not give them to me at the scene, nor did they return my calls for several days just so I could pass onto my insurance.

marcia_

Mught be unfair, I agree but those are the rules 

 Police at the scene doesn't equal you reporting and giving a statement about a violent crime

tony6919

molerat said:

tony6919 said:

It has been dragging out for 18+ months. the point of contact could be argued as to being on the main route as the single lane expands into left only/ straight on/ right only at the lights. cctv shows the traffic stopped and the lead vehicle allowing my exit. although it does not clearly show plate number and the lead vehicle does a quick exit. 

Are there 2 lanes on the main at the point you joined it ?

no, 1 lane to the right of the car park entrance/ exit. And to the left it opens to 3 lanes at traffic light to direct traffic, it's all a learning curve. I've discovered there have been several accidents identical to mine leaving this car park.

DanDare999

marcia_ said:

Mught be unfair, I agree but those are the rules 

 Police at the scene doesn't equal you reporting and giving a statement about a violent crime

It certainly covers that part.

marcia_

DanDare999 said:

marcia_ said:

Mught be unfair, I agree but those are the rules 

 Police at the scene doesn't equal you reporting and giving a statement about a violent crime

It certainly covers that part.

So you got a crime reference number relating to violent crime?