Headbutted whilst working (Bus Driver)
Discussion
So I was involved in a minor prang today, I pulled away from a bus stop, on a two-way single lane road, and a stupid prat in a Vauxhall Vectra was still trying to overtake, he had to cut in front off the bus as to not hit the opposing traffic. When we were both stationary his car was clearly still on the wrong side of the road.
Anyways, I got out the drivers CAB to exchange details and check the damage on my bus, NOT TO FIGHT or cause conflict. Anyway he headbutted me, and chipped my tooth and I've got a pretty bad head-ache and neck is aching, fortunately there was a police van passing just after he headbutted me, and they arrested him for GBH and got a a few witnesses. I made a statement and I've got a CAD number and the police officers information and so on.
How do I go about making a personal injury claim against this man? Do I go via his insurance using a private accident management company? or?
I have yet to fill an accident report form at work, as I finished at 9 and start at 8am today, need to sleep now!
Thanks in advanced!
Anyways, I got out the drivers CAB to exchange details and check the damage on my bus, NOT TO FIGHT or cause conflict. Anyway he headbutted me, and chipped my tooth and I've got a pretty bad head-ache and neck is aching, fortunately there was a police van passing just after he headbutted me, and they arrested him for GBH and got a a few witnesses. I made a statement and I've got a CAD number and the police officers information and so on.
How do I go about making a personal injury claim against this man? Do I go via his insurance using a private accident management company? or?
I have yet to fill an accident report form at work, as I finished at 9 and start at 8am today, need to sleep now!
Thanks in advanced!
IntriguedUser said:
So I was involved in a minor prang today, I pulled away from a bus stop, on a two-way single lane road, and a stupid prat in a Vauxhall Vectra was still trying to overtake, he had to cut in front off the bus as to not hit the opposing traffic. When we were both stationary his car was clearly still on the wrong side of the road.
Anyways, I got out the drivers CAB to exchange details and check the damage on my bus, NOT TO FIGHT or cause conflict. Anyway he headbutted me, and chipped my tooth and I've got a pretty bad head-ache and neck is aching, fortunately there was a police van passing just after he headbutted me, and they arrested him for GBH and got a a few witnesses. I made a statement and I've got a CAD number and the police officers information and so on.
How do I go about making a personal injury claim against this man? Do I go via his insurance using a private accident management company? or?
I have yet to fill an accident report form at work, as I finished at 9 and start at 8am today, need to sleep now!
Thanks in advanced!
Anyways, I got out the drivers CAB to exchange details and check the damage on my bus, NOT TO FIGHT or cause conflict. Anyway he headbutted me, and chipped my tooth and I've got a pretty bad head-ache and neck is aching, fortunately there was a police van passing just after he headbutted me, and they arrested him for GBH and got a a few witnesses. I made a statement and I've got a CAD number and the police officers information and so on.
How do I go about making a personal injury claim against this man? Do I go via his insurance using a private accident management company? or?
I have yet to fill an accident report form at work, as I finished at 9 and start at 8am today, need to sleep now!
Thanks in advanced!
Incorrect. A person injured in a crime may be able to obtain compensation via the Criminal injuries system, but he or she still has the option of suing the criminal in a civil court. The two systems are not mutually exclusive. You won't recover twice for the same damage, however. The problem with suing criminals is that they may not be worth suing. The sort of person who head butts another driver after a prang might also be the sort of person who has no insurance and no visible assets. In some circumstances claims against uninsured drivers may be met by the MIB, a body run by the insurance industry.
OP, your employer may agree to handle the claim for you, but failing that contact a reputable law firm, not some ambulance chasing no win no fee outfit.
OP, your employer may agree to handle the claim for you, but failing that contact a reputable law firm, not some ambulance chasing no win no fee outfit.
I agree with BV. The fact the other guy was driving a Vectra doesn't inspire me with confidence he will have much in the way of assets. You may have a very hollow victory indeed if any damages awarded aren't paid or are drip fed at a couple of quid a week for a decade.
One thing I'd add is that it might pay to be patient about the injuries side of things. Whilst you'd be pursuing this through a civil court, where the burden of proof is lower, it can only help your case if you do it off the back off a previously secured criminal conviction.
One thing I'd add is that it might pay to be patient about the injuries side of things. Whilst you'd be pursuing this through a civil court, where the burden of proof is lower, it can only help your case if you do it off the back off a previously secured criminal conviction.
So basically because he headbutted me, instead of smashing into me with his car its pointless because I won't be going through his car insurance?
Especially as you're saying the collision sounds 50/50, although the CCTV I'm sure will suggest otherwise.
I need to go dentist anyway, I've had a sleep and I'm fine now anyway, got all my teeth, only a small chip.
Thanks.
Especially as you're saying the collision sounds 50/50, although the CCTV I'm sure will suggest otherwise.
I need to go dentist anyway, I've had a sleep and I'm fine now anyway, got all my teeth, only a small chip.
Thanks.
No one has said anything of the sort. No one has suggested that you should not pursue the matter. You may well be able to obtain some redress through the criminal injuries scheme. That's a State scheme, not dependent on the bad guy paying up. Also, we do not yet know if your assailant has insurance or assets. We speculate that he may be a scrote, and scrotes are often uninsured and hard to enforce judgments against. That's all.
I have no firm view on the cause of the accident, as you have told us pretty much zip about it , and it is, I will say this slowly, COMPLETELY IRRELEVANT anyway. Cheer up, we are trying to help you.
I have no firm view on the cause of the accident, as you have told us pretty much zip about it , and it is, I will say this slowly, COMPLETELY IRRELEVANT anyway. Cheer up, we are trying to help you.
If you have a trade union rep, see if they include legal advice in your membership; otherwise, most firms will give a half-hour consultation for free.
Better to get a professional opinion instead of asking the rabid dogs on here.
Also, speak to your employer; they have a legal obligation to look after you and, unfortunately, you're not the first driver to have been assaulted at work.
Best of luck with it.
Better to get a professional opinion instead of asking the rabid dogs on here.
Also, speak to your employer; they have a legal obligation to look after you and, unfortunately, you're not the first driver to have been assaulted at work.
Best of luck with it.
IntriguedUser said:
Especially as you're saying the collision sounds 50/50, although the CCTV I'm sure will suggest otherwise.
Not sure where you are getting this from.IntriguedUser said:
So I was involved in a minor prang today, I pulled away from a bus stop, on a two-way single lane road, and a stupid prat in a Vauxhall Vectra was still trying to overtake, he had to cut in front off the bus as to not hit the opposing traffic. When we were both stationary his car was clearly still on the wrong side of the road.
You description indicates that the other party was already overtaking and you pulled out. You should not have done that, I would expect the RTC side of this to be purely down to you.The GBH in not excusable and I hope you get justice.
Sorry to hear about your injury - completely unacceptable.
On the road, I use the indicator to signal an intention to manouvere.
From observing buses in South London however, it is oten used as a statement that the bus is going to manouevere, and everyone else better get out of the way!
On my bike I make a point of letting buses out (as I can then overtake easily) and I can totally accept the pressure bus drivers are under to keep to timetables.
Still, I don't think this problem will be solved until there is a mandatory IQ check as part of the driving test....
Ian
On the road, I use the indicator to signal an intention to manouvere.
From observing buses in South London however, it is oten used as a statement that the bus is going to manouevere, and everyone else better get out of the way!
On my bike I make a point of letting buses out (as I can then overtake easily) and I can totally accept the pressure bus drivers are under to keep to timetables.
Still, I don't think this problem will be solved until there is a mandatory IQ check as part of the driving test....
Ian
There is (or used to be) a clause in the Highway Code that you should let buses out. I doubt this was legally enforced though, rather it was best practice. It's for the ins co's to argue who is to blame.
As others have said, whatever the cause of the accident assault/ABH/GBH is completely unacceptable and a different matter. You are not claiming that your injuries are a result of the collision but the result of an assault.
ISTR the Plod saying some time ago they had a very dim view of road rage and were prosecuting this sort of thing very strenuously, with pretty well obligatory prison time. This is a separate affair from the motoring incident, as other have said it's a Criminal Injuries Compensation Board affair. How that gets paid out I don't know, but it's less generous than it is from insurers. Insurers have, after all, the means of paying. As to timing, don't hold your breath. I was in a RTC 5 years ago, seriously injured. The other driver was prosecuted and banned some months later. It took 4 1/2 years for the insurers to cough, admittedly a very substantial sum of money, and this was with a very good solicitor who was instructed before I was out of plaster.
As others have said, whatever the cause of the accident assault/ABH/GBH is completely unacceptable and a different matter. You are not claiming that your injuries are a result of the collision but the result of an assault.
ISTR the Plod saying some time ago they had a very dim view of road rage and were prosecuting this sort of thing very strenuously, with pretty well obligatory prison time. This is a separate affair from the motoring incident, as other have said it's a Criminal Injuries Compensation Board affair. How that gets paid out I don't know, but it's less generous than it is from insurers. Insurers have, after all, the means of paying. As to timing, don't hold your breath. I was in a RTC 5 years ago, seriously injured. The other driver was prosecuted and banned some months later. It took 4 1/2 years for the insurers to cough, admittedly a very substantial sum of money, and this was with a very good solicitor who was instructed before I was out of plaster.
Whilst I don't see an issue with the vehicle insurers dealing with the damage to the vehicles and any injury caused by the collision I can't see them paying out for the subsequent assault & injuries arising from that.
You will need to pursue that by suing or as said the CICB. May well be that when he is dealt with by the court that a compensation order may be made against him in your favour. That said, if he has no assets and little or no income, it could indeed be paid at 50p a week & if he commits other offences later & is jailed the court dealing with that may add a few days to the sentence & notify you that they have done that & cancelled the compensation order. Had that happen to me.
You will need to pursue that by suing or as said the CICB. May well be that when he is dealt with by the court that a compensation order may be made against him in your favour. That said, if he has no assets and little or no income, it could indeed be paid at 50p a week & if he commits other offences later & is jailed the court dealing with that may add a few days to the sentence & notify you that they have done that & cancelled the compensation order. Had that happen to me.
KungFuPanda said:
Injury occurred as a result of a criminal assault so you'll have to go through the Criminal Injuries Compensation Authority and not through civil courts.
Oooh close, but you need to look up the Civil Evidence Act..Specifically S11.OP< if you wait until he is convicted you may then use that conviction in a civil suit against him.
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