Criminal injuries compensation ??!!

[thisisasurvivor]

Hello all

Many of you will remember previous threads about criminal court and an abusive ex who tried to kill me

Surprise surprise he got off Scot free
What a shocker 😳

Anyway friends said I should apply for criminal injuries compensation

I have sent off a few things to them and now starting to wonder what the point is??

A few pound would cover valuable therapy I can't now afford

Some family say I may get 100/200 pounds if lucky (my injuries were broken ribs , wrist broken etc)

Anyway just wondering if it's worth pursuing or just a waste of energy ??!!!

Please go easy on me I'm just wondering that's all

@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.

I see good points

@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.

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

@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.

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.

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.

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.

Thank you for all the advice. I’ll give it a go myself. I looked at motor bureau but it says pedestrians aren’t covered, unless I looked at the wrong thing?

I claimed from the MIB as a pedestrian - many years ago now though.

Official Injury Claim is a new free and independent service for people injured in a road traffic accident to claim compensation without legal help. This easy-to-use online portal guides you through the process of making a claim, obtaining a medical report, managing that claim and receiving compensation.
Official Injury Claim has been developed by the Motor Insurers’ Bureau (MIB) on behalf of the Ministry of Justice. The service is impartial and costs nothing to use.
You will be able to use the service if you were injured in a road traffic accident on or after the 31st May 2021.
Who can claim?You can use Official Injury Claim for minor injuries suffered in road traffic accidents, such as whiplash, muscle damage, cuts, bruises and minor fractures.
You can claim up to £5,000 for your personal injury, rising to a total of £10,000 for all losses related to the accident (such as loss of earnings and damage to your car and property).
You can make a claim if:

• you are aged 18 or over
• the accident happened in England or Wales
• the accident happened on or after the 31st May 2021
• you were inside a vehicle
• you believe the accident was not your fault

The service does not cover pedestrians, cyclists or motorcyclists, all of whom should seek legal assistance.

maybe this means just this service. Can you claim not using this service then?
thanks everyone.

So I took that to mean no to pedestrians claims but it just means this new service? So I need a solicitor to claim?

The new service was designed to be used by injured people direct. I've not got any experience with it I'm afraid so can't tell you any more. There may be some guides about, I'll ask a colleague tomorrow who I think knows more about it and come back to you

I was being dense! So sorry. New service does NOT cover pedestrians. Pedestrian claims proceed in the old way (which is better, more generous damages than the new system). Have you got legal expenses insurance with your home insurance? May cover advice for your son if he loves with you.

I do have home legal cover. Thank you so much. I read that page as MIB didn’t do pedestrian hit and runs at all.I’m looking at large therapy bills as cbt hasn’t worked and their life is ruined as it is. Can’t even cross a road.

They definitely do pedestrian claims, just the new system.

I'm sorry to hear how bad your son is, a horrible thing to go through. Wishing him well for the future

I hope all goes well but the MIB can take a very long time. I was injured in an accident caused by an untraced driver in 2018 and I still haven't received compensation.

@EdithDickie thank you for taking so much time to go over this

I am starting to think I don't have much hope but I will appeal and see how it goes

It's no problem. They're very tricky to deal with but don't give up hope. Genuinely if you want me to cast an eye over your notice of appeal and give any pointers I'm VERY happy to do so pro bono. You've got my email. Hang in there and take care.

Thank you so much.

My husband was stabbed on his way home one night many (many) years ago. Made it home, didn't really realise what had happened. Went to hospital / contacted police the next day. Assailant never caught, so no court case, but he got about £2000, I think.

Hello lovely people

Appealed it

Around 4-5 times they said no
I persevered

Got 2k
Letter came today

Thank you all for the great advice xxxxxxxxx

I had 7p in my account on Tue to last until today !!!

@EdithDickie thank you also for the great advice

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