Criminal injuries compensation ??!!

It's generally relatively easy to give a steer on whether it's worth arguing or not. When I have such a case I get HMRC records to show work history, DWP records to show reasons for being off, medical records etc. Then with a psychological report if you get one you get them to give a prognosis as to when you're likely to be well enough to have some capacity for paid work and do the calculation.

The conditions for such a payment are definitely narrow but that's helpful in a way as it makes it easier to have some certainty as to whether it's likely to succeed.

You only get to do this application once. The circumstances in which an application can be reopened are INCREDIBLY limited so I heartily recommend considering all aspects before you make a final decision because it really can make a big difference.

I think you'll struggle to get it accepted as a "crime of violence" but no harm in submitting it I suppose.

You may well be better off making a claim to Motor Insurers Bureau under their Untraced Drivers Agreement though. They deal with claims against uninsured and untraced motorists.

If you have any unspent convictions under Rehabilitation of Offenders Act they will refuse a payment. If you have ever had any issues with the police (not necessarily uncommon for survivors of abuse who may for example have had issues with substance abuse as a result of their psychological ill health) then always check it out before making the application because if it will become unspent while you're still within time to make the application you should wait. Problems come when waiting will take you outside that period or where a conviction will never be spent.

@Mum198000 I wouldn't. You can get claims companies that do no win, no fee but they take a huge chunk (up to 40%). This is only really sensible when there's a huge claim or a specific bit of case law that requires legal acumen.
From the details you've given, I can't see the claim being big enough to warrant giving up that % of any aware you may receive.
I'd do the claim myself, expect to be rejected and then try your luck if it goes to appeal.

Thank you. So not worth sending solicitors fees on then.

@Mum198000 possibly but I think you may struggle with the conditions of Annex B, paragraph 4 (b) which states that a crime of violence can only be considered if the vehicle was used with intent to cause injury to a person.
The "intent" is the key part here-You'd need to show that your son was targeted and it was a deliberate "attack" to cause harm to him.
You may get it in under omission of a violent nature which was reckless (so the person on the bike was intentionally reckless and knew that what he was doing could cause injury) but I would expect to be rejected twice and have to go to tribunal to try your argument with the panel.

@thisisasurvivor
I think if I knew I definitely wouldn't be eligible, I'd leave it out of the claim to get it progressing as quickly as possible.
As I said in my previous comment, LOE to a claim can (but granted not every time) slow it down. That's fine if you're happy to wait, not so much if you just want it over.

My adult child was a victim of hit and run moped joyrider on a stolen bike wearing a balaclava, while crossing a road on a crossing, very bruised face and hand not broken but has had to leave uni as they cannot leave the house anymore due to trauma. Police attended. Is this something they could claim for. Their life is in ruins at the time they should be having a ball at uni. The moped was found alight later.

Only thing to add that the loss of earnings can be a difficult one to get as the conditions are really strict (paragraph 43).
I'm not saying you wouldn't be eligible, but it's often not a realistic proposition. The scheme is regulated so there is no wiggle room. The Tribunal (if you get to appeal) can only go by the terms of the scheme so while lots of LOE claims (alongside injuries) get to Tribunal, only the ones that can demonstrate adherence with P43 (and evidence) get through.
Often the LOE back and forth really
slows down claims. I'd think seriously about whether you would qualify before proceeding with this head of claim.

@EdithDickie thanks for your detailed replies :)
I will drop you a private message if that's ok?

https://www.gov.uk/government/publications/criminal-injuries-compensation-scheme-2012

You can download a copy of the scheme here. Well worth having a look.

Page 15 & 16 - section 42 onwards - loss of earny
Page 47 - tariff re mental injury
Page 68 - tariff re sexual assault

There are two sections of the scheme's "tariff" (the section where they set out what acts of abuse and injuries are compensated under the scheme and the amount they pay for each) that are possibly applicable in sexual assault applications - one is based on the facts of what happened so e.g. there is a set amount for a single incident of rape, a set amount for repeated incidents over various periods of time etc. The other possibly relevant section of the scheme is for "disabling mental injury", the psychological impact (doesn't have to be PTSD specifically). There's a pretty narrow definition of disabling mental injury in the scheme and also if you are claiming that it has to be confirmed by diagnosis and prognosis from either a clinical psychologist or a psychiatrist.

You don't get both the tariff amount for the facts of the abuse AND the disabling mental injury, you get whichever is higher in the tariff.

So for example the tariff amount for a single incident of rape is £11,000. In order to get a higher amount for disabling mental injury it would need to last for at least 5 years (£13,500) or be permanent (£19k, £22k or £27k depending on severity).

Another reason to possibly get a psych report is that can be a gateway to receiving something under the scheme for lost earnings. There are eligibility criteria for lost earnings bit of the SC but if you fit then it can add a lot.Under the scheme they don't pay anything for the first 28 weeks of being unable to work, week 29 onwards they pay the current rate of SSP. Horribly tight and doesn't in any way make up for what a person loses by being unable to work but can add around £5k per year to a claim. If psychologist said for example yous not been able to work for 5 years as a result of the abuse and it will take another 5 to be well enough to be able to work again then that's getting on for an additional £50,000.

Happy to chat through your particular situation free of charge to give you a steer if you would like, just drop me a message.

Do you need a psych report if you're not claiming for PTSD specifically? I put in a claim for years of rape and sexual assault around the same time as the OP, not heard anything yet but I know it takes ages. I reported it to the police and he was arrested but of course there wasn't enough evidence to charge him despite text messages from him raging at me for daring to be upset I was physically hurt by what he did and wanting time to heal before he hurt me again.

The diagnosis from a psychiatrist or psychologist is a necessary part of qualifying.
Don't be disheartened. Use the review to lay out your issues and provide evidence.
If you've got enough evidence behind you, the CICA can refer to their in-house psychologist team. Even if they don't and you go to tribunal, the tribunal may adjourn to get you seen by psychologist.
Happens all the time. Don't worry. Just keep going.

No problem, just pop me a message and I'll let you have my work number and information so you can see who I am and what I do.

It's an absolutely SHOCKING system it really is. Supposed to be straight forward for the victims of crime and it is anything but far too often.

You've not got ever so long to get your application for review/appeal notice in so let's have a chat asap.

Hang in there.

Hi OP, I'm sorry they rejected it, so common. I'm a lawyer and deal with lots of CICA tribunals. Happy to give some free advice about what you need to do if you would like. Just drop me a DM.

Sorry I know this is an old thread. How long did everyone’s claims take?

I'm ok not ok if you know what I mean.

Yeah writing it all down in black and white yet again on top of the daily flashbacks and intrusive thoughts... awful... but he's happily sat there in his new life surrounded by all the money he ran off with and starting the cycle of abuse again with his new supplies. He needs locking up he's a danger to society. Grrrr 😡

Police actually told me I had plenty of evidence for CICA compensation, just not enough to convict him. Crazy.