ChatterBank0 min ago
driving without due care and attention
My 22 year old brother had a car accident in December (21 at the time), the police have only just questioned him a week ago about it. They are charging him with driving without due care and attention.
He was driving in bad weather at aprox 60mph, lost control of the car and hit a taxi head-on. My brother sustained a fractured pelvis and rib and some cuts and bruises. The taxi driver required at least 2 operations and was in hospital for a month.
my brother has been told that he will get a fine and 4-6 points on his license, the police also said that he can plead guilty by post or attend court to plead either guilty or not guilty. If he pleads guilty by post the court costs will be capped at �45, if he attends I assume these could be much higher.
How much will the fine be?
Would the fine be the same whether he pleads guilty by post or in person?
Would the fine be higher if he pleads not guilty and gets found guilty?
How much would the court costs be?
Also if you are found guilty does it matter if you pleaded guilty or not? I ask this as he is worried that the taxi driver may also bring a civil case agianst him and that pleading guilty could affect that.
Hope this makes sense - TIA k8
He was driving in bad weather at aprox 60mph, lost control of the car and hit a taxi head-on. My brother sustained a fractured pelvis and rib and some cuts and bruises. The taxi driver required at least 2 operations and was in hospital for a month.
my brother has been told that he will get a fine and 4-6 points on his license, the police also said that he can plead guilty by post or attend court to plead either guilty or not guilty. If he pleads guilty by post the court costs will be capped at �45, if he attends I assume these could be much higher.
How much will the fine be?
Would the fine be the same whether he pleads guilty by post or in person?
Would the fine be higher if he pleads not guilty and gets found guilty?
How much would the court costs be?
Also if you are found guilty does it matter if you pleaded guilty or not? I ask this as he is worried that the taxi driver may also bring a civil case agianst him and that pleading guilty could affect that.
Hope this makes sense - TIA k8
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Given the circumstances of the accident , and the fact that he is being charged with DWDCAA , if the taxi driver commences a civil action , it will suceed , on liability .
Further , the level of proof required for a civil action to suceed , is less than that required in a criminal action .
Frankly, I cant see the taxi driver basing his decision as to whether or not to make a claim , on whether or not your brother pleads guilty or not .
Further , the level of proof required for a civil action to suceed , is less than that required in a criminal action .
Frankly, I cant see the taxi driver basing his decision as to whether or not to make a claim , on whether or not your brother pleads guilty or not .
I see a lot of cases , where I know that the claimant is only making a claim for a quick buck and they were not really injured .
However I also see cases like this ( and much worse ) where the claimant has clearly suffered , and is quite justified in pursuing a claim for damages against the negligent party .
So there is no point in your brother worrying as to whether the taxi driver brings a civil action or not .
If it was the other way round ............?
However I also see cases like this ( and much worse ) where the claimant has clearly suffered , and is quite justified in pursuing a claim for damages against the negligent party .
So there is no point in your brother worrying as to whether the taxi driver brings a civil action or not .
If it was the other way round ............?
Did your brother have appropriate valid insurance? I'm guessing he did otherwise he'd have been charged on this too. If he was insured, as Panic Button says, his insurance company will deal with the claim. From your description of the accident the claim is almost certain to succeed (and will be for tens of thousands of pounds) regardless of whether he pleads guilty or not.
He was only insured TPFT as it was our mothers vehicle and he wasn't a named driver, so would this cover any claim made by the taxi driver?
I'm sure my brother would wany compo if this were the other way around, but as he's an unemployed 22 yr old with no savings, I'm not sure what if anything the taxi driver could hope to gain. What my brother is concerned about is that if he admits liability, it could mean that the taxi driver would be entitled to more money.
What I really wanted to know was, what is the fine for DWDCAA? Is the fine the same amout if you plead guilty by post, in person or plead not guilty but get found guilty?
I fully believe that my brother should be punished for his actions, but if the taxi driver makes a claim and it is not covered by the insurance, my Mum will be the only loser.
I'm sure my brother would wany compo if this were the other way around, but as he's an unemployed 22 yr old with no savings, I'm not sure what if anything the taxi driver could hope to gain. What my brother is concerned about is that if he admits liability, it could mean that the taxi driver would be entitled to more money.
What I really wanted to know was, what is the fine for DWDCAA? Is the fine the same amout if you plead guilty by post, in person or plead not guilty but get found guilty?
I fully believe that my brother should be punished for his actions, but if the taxi driver makes a claim and it is not covered by the insurance, my Mum will be the only loser.
If he is covered by an insurance policy , which includes third party cover or the cover is third party only , then a civil action by the taxi driver , would be dealt with by the insurer .
The assumption made in my previous answer was that he was driving under an insurance policy , with at least the minimum cover , as i have stated above .
Incidentally , if he was driving without third party cover , then the taxi drivers claim would most likely be directed to the ( MIB) Motor Insurers Beureau .
If they ,for some reason would not deal with the claim ; then the taxi driver could then pursue the civil,action directly against your brother ; but there would be little point in doing that if your brother did not have any resources to meet such a claim .
The assumption made in my previous answer was that he was driving under an insurance policy , with at least the minimum cover , as i have stated above .
Incidentally , if he was driving without third party cover , then the taxi drivers claim would most likely be directed to the ( MIB) Motor Insurers Beureau .
If they ,for some reason would not deal with the claim ; then the taxi driver could then pursue the civil,action directly against your brother ; but there would be little point in doing that if your brother did not have any resources to meet such a claim .
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