bad bad weekend

[blackbob]

my daughter's fiat panda got T boned by a BMW 5 sieries estate
She was pulling out of a garage forecourt which has a blind bend because of a large hedge but it is a 10 mph limit
the garage camera system got it all on dvd
the BMW was driven by a disqualified driver who got his girl friend to say she was driving but the police have got  the dvd where she is getting out of the passenger door
also the air bags went of so he was doing at least 18mph (as this is the min speed that the air bags deploy)but the dvd it looks much faster as the fiat was launched down the road by about 20 feet
looking at the dvd the road was clear when she pulled out but as the bmw was traverling fast she could not have been able to see it coming
my daughter cant remember anything of it as she has concusion and back and neck whiplash
she was kept in for 24 hrs but seems ok ish
so just as well the police got the dvd footage off multiple images to show this
problem being she only has thirdparty fire and theft and legal cover and as the other person was diqualified so no insurance
THE QUESTION IS HOW DOES SHE STAND ON A CLAIM  
ps pics to follow

[Lord Shagg-Pyle]

There is a 'pot' that all insurance companies pay into to cover instances where disqual drivers are involved.
You may be able to claim under the Criminal Injuries Compensation Scheme, but that can take some time.
The officers that turned up should be able to give you all the gen you need.
Hope she gets better soon matey.
Bloody disqual drivers! I hate them! Bang them all up!

[Boggert]

Agreed bloody disqual drivers, i would put in a claim.
Hope she gets better soon.

[Budgie]

If there's likely to be any legal stuff going on about this then it maybe better NOT to publish images from the DVD recording, just in case.  

Just hope she gets over it quite quickly.

[thermidorthelobster]

Can't you bring about a prosecution for dangerous driving, or driving without due care and attention?

If you can sue somebody for a broken paving slab, surely you can sue somebody for driving dangerously whilst disqualified and uninsured.  Although if it was up to me I'd feed them to the sharks.  

[Panda]

sorry to read about your daughters crash and i hope she gets back to full health again soon.

But out of interest what did the poilce do with the drive?

Andi

[gtomo2]

Yes you can claim for everything had a driver with non licence hit three cars inclouding mine and it goes through the court but the goverment pay so to speak and get it back for the other driver by there means.

[freelanderpx54]

Dangerous driving is difficult to prove in court as you have prove that the person set out to drive dangerously. Careless driving is the same. If a charge comes out of this then it would probably go as driving without due care and attention.

A more satisfactory conclusion would be to beat your compensation out of him with a pickaxe handle. Don't use them horrible plastic ones, they don't make the same sound as a nice hickory one :roll:

[Range Rover Blues]

Road traffic act states that if it was the BMW driver's fault then the owner's insurance will have to pay any 3rd party liability and the owner will also be done for allowing the car to be driven by a disqualified driver, unless the owner reports is as TWOC, in which case the road traffic act covers you for damage by a stolen vehicle too but the driver can be prosecuted for TWOC, or possibly agrivated vehicle theft?.

If the car belonged to the guy who was driving and he has no insurance you will have to sue him.  Do you have legal expenses cover?

[Boddle]

also the air bags went of so he was doing at least 18mph (as this is the min speed that the air bags deploy)

I hope you are not using the airbag deployment as the only grounds for proof of speeding.
I'm a Automotive design and development engineer and have past experince crash testing to. Airbags deploy at varying speeds depending on the type of accident as they are set of by shock not not speed. Secondly in a 100% Frontal the speed used by all the manufacturers that I'm aware of as little as 12mph
As you have a video of the incident it is more reliable to base your evidence on that.

[blackbob]

went to court yesterday and scum bag pleaded guilty to no licence no insurance and impeding a police officer in his duty
he has got loads of previous and not kept up with his community service so off to jail for xmas me hopes
sentancing is on thursday
him and his mates were all giggling and joking in the court waiting area great fun nearly killing someone
was talking to the security guard and he pointed him out to me so he must be a frequant visitor to court

[cardiff_gareth]

total scum bag, I think, and I may be a little extreme here but we need better punishments for these jobbo's, they just take it all as one big joke, criminal records mean nothing to them, comparing ASBO's with one another does. I think they should let you have just 5 minutes with him in a quiet room so you can rip his head off. IMHO

[Range Rover Blues]

They should have them digging quarries in chain gangs over christmas.

No digging, no food.

It's about time puinishment was punishment.

[blackbob]

he got 12 weeks and told he must do at least six so he will have a good xmas and new year  
also got to go to crown court for breaching his court supervision order and community service ect so hope he get a bit more time for that to
he has at least 3 previous driving bans so think he dont give a wot ever about a ban so jail might work but i doubt it  

on a good note got my daughter a k reg clio today so she will be able to drive once she feels better

[Disco Matt]

I'm beginning to wonder if the only way to deal with some of these people is to have a police officer or PCSO watching them at all times (I know that's impractical). Disqualifying them doesn't seem to work, neither does seizing vehicles as they'll just buy something cheap that they don't care about losing.

The fine for driving without insurance is less than a lot of 17 year olds premiums. Something needs to change there - how about double the fine for the second offence and use the money to subsidise insurance for the under-25s? That'd reward those who are doing the right thing as well as punishing the criminals.

It's downright annoying when the rest of us have to jump through an ever-increasing number of hoops to keep our vehicles and ourselves legal, then we see people who bypass the whole system and effectively get away with it.

[Sider]

Sometimes one wonders if those who advocate Eugenics could actually be onto something.

Glad your lass is OK, and here's hoping the little idiot will get a very warm reception when he gets to HM's hotel.

[blackbob]

just a quick pic

and she is ok now if still a bit sore

[Lord Shagg-Pyle]

It may sound odd, but if she walked away from it, it was a 'good' one, :?

[Lord Shagg-Pyle]

I wrote two Plod cars off once. At the same time. :P

[Range Rover Blues]

The fine for driving without insurance is less than a lot of 17 year olds premiums. Something needs to change there - how about double the fine for the second offence and use the money to subsidise insurance for the under-25s? That'd reward those who are doing the right thing as well as punishing the criminals.

That's a sound point, unfortunately sound judgement is not a pre-requisit for government.  As Billy Conolly said, wanting to  become a politician should be grounds for preventing folks from becoming one.

The fine needs to reflect the crime, if they can afford a car they should afford insurance, it's not optional.  So amny people think they have a right to drive a car, it's not a right it's a privelege.