Road Traffic Offences: Guidance on Prosecuting Cases of Bad Driving

At Your Key we are often asked about motoring offences. Sorry but we cannot always publish the questions as most involve a possible prosecution.

We thought it would be helpful to explain what are the motoring offences and the reason why some riders and drivers are prosecuted, and some are not.

The Crown Prosecution Service (CPS) has the final decision to prosecute, and they very kindly have published their guidelines. We have taken the information below from those guidelines. We have shortened some of the explanations, and removed some of the over legal sections.

The offences which cover the range of bad driving are (each is linked to the CPS website):
* Murder and Manslaughter
* Corporate Manslaughter
* Causing death by dangerous driving
* Causing death by careless driving when under the influence of drink or drugs
* Causing death by careless driving
* Causing death by driving while unlicensed; uninsured or disqualified
* Dangerous Driving
* Careless/inconsiderate driving
* Driving without reasonable consideration
* Wanton and Furious Driving
* Taking a Conveyance without Authority
* Aggravated Vehicle Taking.

Who is responsible for deciding to charge a suspect with a crime?

When a crime is reported to the police they are responsible for investigating the crime to find out:

* What actually happened
* Who was responsible
* Evidence

Once the police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

What is the difference between the police and The Crown Prosecution Service?

The police:

* The police arrest and question, they gather evidence and take witness statements.

The Crown Prosecution Service:

* The Crown Prosecution Service is responsible for charging and prosecuting. They decide if the evidence is good enough to go to court and they prosecute the case in a court of law.

How do Crown Prosecutors make the decision to charge a suspect with a crime?

The Crown Prosecutor will read the papers in the file and look at the evidence collected by the police. They then consider whether the case passes the two tests laid down in The Code for Crown Prosecutors.
1.The Evidential Test

The prosecutor must first decide whether or not there is enough evidence against the defendant for them to be convicted of the crime in a court of law.

This means that the magistrates or jury are more likely than not to convict the defendant of the charge. If there is not a realistic prospect of conviction, the case must not go ahead, no matter how important or serious it may be.

It is the duty of every Crown Prosecutor to make sure that the right person is prosecuted for the right offence. In doing so, Crown Prosecutors must always act in the interests of justice and not just to get a conviction.
2. The Public Interest Test

If the prosecutor decides that there is a realistic prospect of conviction, he or she must then consider whether it is in the public interest to prosecute the defendant. Broadly speaking the more serious an alleged offence the more likely it will be that a prosecution is needed in the public interest. However each case is looked at individually.

A prosecution is less likely to be needed if, for example, a court would be likely to fix a minimal or token penalty, or the loss or harm connected with the offence was minor and the result of a single incident.

The interests of the victim are an important factor when considering the public interest. Crown Prosecutors will always take into account the consequences for the victim and any views expressed by the victim or victim’s family.

However, The Crown Prosecution Service does not act for victims or the families of victims in the same way as solicitors act for their clients. We act on behalf of the public and not just in the interests of any particular individual.

What happens when you decide to prosecute?

Once the Crown Prosecution Service has decided that a case passes the two tests they will then specify what offence the defendant should be charged with. The defendant will then be charged by the police. In most circumstances they then release the defendant on bail, with a bail sheet that states where and when they should attend court to answer the charge against them. In some cases, such as where the defendant is thought to be dangerous, bail may be refused and the defendant is kept in custody until their first court appearance.
What happens when you decide not to prosecute?

If a Crown Prosecutor decides that a prosecution should not go ahead, the case will be stopped, usually by what is called ‘discontinuance’. Unless there are special circumstances which mean that it is not appropriate to do so, the victim will be told the reasons for the decision to stop the case.

Often the hardest decision can be to conclude that there isn’t enough of a case to go to court, even where the public favour a prosecution.

The decisions made by the CPS are based on publicly available, clear and visible legal guidance.

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The new motorcycle helmet safety ratings are now published.

New safety ratings for motorcycle helmets have been announced. An extra 27 motorcycle helmets have now been rated by the Department for Transport’s Safety Helmet Assessment and Rating Programme (SHARP). A total of 202 motorbike helmets have now been rated (June 2010).

To learn more about SHARP motorcycle helmet ratings click here and to see the helmets rated so far please click here.

The point is that all motorcycle helmets must meet minimum legal safety standards.

However, the SHARP (short for Safety Helmet Assessment and Rating Programme) scheme uses a wider range of tests to provide riders with more information on how much protection a helmet can provide in a crash.

The SHARP tests - which award ratings of between one and five stars - show that the safety performance of helmets can vary by as much as 70 per cent.

With helmets across a wide price range scoring highly all riders should be able to find a high performing helmet in a size and style that fits them and at a price they want to pay.

With the release of the latest ratings, more than 200 helmets have now been given SHARP safety ratings.

All 202 SHARP motorcycle helmet safety ratings are available on SHARP website.

The new website features more information on how to find the right helmet and also includes demonstrations of how the SHARP tests are carried out and how to make sure a helmet fits properly.

Useful advice is available, and one thing that surprised us is the risk a helmet can come off.

The most important thing to consider when choosing your helmet isn’t the brand name or how it looks. The secret to providing yourself better head protection is in getting the right fit.

A comprehensive study in 2001 of motorcycle accidents across Europe showed that 12 % of helmets were lost during the course of the impact. Wearing a helmet that fits correctly dramatically increases your chances of surviving a crash.

To complete the comprehensive advice available through SHARP they have even included words on motorcycle helmet cleaning.

It must make sense to look after your motorcycle helmet. A motorcycle helmet generally has a life of around five years; three years if used regularly. To get the most out of the protection your motorcycle helmet offers, you need to keep it in the best possible condition.

SHARP recommends you always follow the manufacturer’s cleaning instructions for the specific helmet you’ve purchased. If you only occasionally use your helmet we recommend you store it safely in a helmet bag, somewhere where it won’t be dropped or knocked. You should never store a helmet lying on its crown or near to a source of heat.

Once you’ve found your motorcycle helmet, the temptation is often there to personalise it with paint and stickers. This is a job best left to the professionals, who will use specialist paint and adhesive to ensure your new look doesn’t weaken the shell.

Visit the new SHARP website by clicking this link.

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30th Carole Nash Bristol Classic Motorcycle Show.
We will be at the classic motorcycle show at Shepton Mallet on 20 and 21 February 2010. You can find us on the balcony, stand B57.
It will be great to see as many members as possible. Bring along anyone who needs a little persuasion to join.
See you soon.

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We are often asked if the free legal expenses insurance is the same as products sold as legal cover, legal protection, or an uninsured loss recovery service. These services are often included in a policy. To help there are a few basics to understand:

• You buy vehicle insurance to cover your liability to others - third party cover.
• You might add other risks to the policy, like your bike and clothing.
• If there is no one to blame for an accident your insurer will pay for items you have insured at their market value.
• If someone is to blame then the accident is not really any business of your own insurer - you should claim everything direct from the person to blame.

Legal cover is designed to allow you to recover for loss and injury from the person to blame, usually their insurance company, without worrying about legal fees. The legal cover will pick up the tab if the legal case goes wrong, but only if it goes wrong. If the legal action is successful then the person to blame pays your legal bill. Now this is where you have to concentrate.

Legal costs will be paid by the person to blame if the injury you suffered is worth more than £1,000, and if there is no injury, where the market value of all items damaged is more than £5,000. Most legal cover will only support a case where legal costs can be recovered, and the same goes for uninsured loss recovery services. You will find exceptions which exclude cases where the legal cost of recovering a loss is greater than the loss. That means you will not get support if running a case for you is uneconomic.

None of this is surprising, as all insurance is based on economics, but when you are sold legal cover or an uninsured loss recovery service, you will be promised the earth. Do look closely at the terms. We think it unlikely you will be buying any more cover than you receive free from YourKey.

YourKey helps members bring small claims, and to see our recommendations please click here.

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If you have been in an accident caused by someone else, and the consequences are not great, you may find yourself in a frustrating position.

We are talking about a case which the law calls a small claim. If there is not an injury worth £1,000, and the financial loss is below £5,000, you are in small claims territory. The classic situation is where your vehicle is damaged, and you have to pay for its repair, or you have paid your own excess. If your case falls into this category your legal costs cannot be recovered from the party at fault. All legal cover policies we know of cannot provide assistance in such a situation, simply because it is uneconomic to do so.

Another frustration is that your own insurer will not chase the insurer of the person to blame. So lets say you have fully comprehensive insurance, someone knocks over and damages your bike which is legally parked. You claim on your own policy, and have to pay the excess to the repairer. Most people think their own insurer will recover the cost from the party to blame. It might surprise you, but most insurers are not interested. Their job is to insure you, not represent you.

The insurance companies used to operate a knock for knock agreement. They recognised the swings and roundabouts of accidents and blame, they knew it was expensive to chase one another for repayment of their expense, so agreed to swallow their own losses. This agreement was kicked into touch some years ago, but some still operate along the same lines. So in the example above, where the accident is clearly the fault of someone else, both you and your insurance company have paid out, and your premium will go up next year.

So, what are your options?

If YourKey has arranged repair or hire you have a process within which your own expenses can be recovered. The benefit of credit hire in such a situation is that the paying insurer wants to keep the cost down, so will try to ensure repair is quick, and the hire period short. In this case the expense is recovered direct from the insurer of the person to blame, leaving your insurance record and wallet intact.

If we do not arrange hire or repair, then you have to recover the cost yourself, and here is how to do it.

Do not try to recover losses by telephone. The insurer will have a process, and telephoning does not short circuit the process, as you talk to a call centre rather than the person assigned the file. Write a letter, keep a copy, and although formal, you are much more likely to get a reply this way. Check the website of the insurer you are writing to for a fax number.

We recommend writing to the person you hold responsible, and their insurer at the same time. You will need to change the wording of the letter below to suit your situation. It is designed for writing to the person at fault only, but do send a copy for the insurance company.

To

Defendant (name and address of person you hold responsible)

Dear Sir or Madam,

Re: Claimant’s full name (that’s you)

Claimant’s full address
I wish to claim damages in connection with a road traffic accident on (date) at (place of accident which must be sufficiently detailed to establish location)

Please confirm the identity of your insurers. Please note that the insurers will need to see this letter as soon as possible and it may affect your insurance cover and/or the conduct of any subsequent legal proceedings if you do not send this letter to them.

The circumstances of the accident are:-

(brief outline)

The reason I am alleging fault is:

(simple explanation e.g. pulled out from minor to major road without looking, driving too fast)

The accident was reported to the police by (myself or name). I will obtain a copy of the police report if you do not accept what I say and agree you are wholly at fault. I will let you have a copy of the same upon your undertaking to meet half the fee.

My vehicle (manufacturer, model, and registration) needs repair. The vehicle is currently at (and is incurring storage charges). I would like to give you the opportunity to inspect my vehicle and put forward your own proposal as to the work required and the method of repair. If you do not wish to take up this offer I will arrange for the repairs myself, and send the invoice to you for payment.

In the accident the following articles were damaged:

(detailed description, date of purchase and price - remember you are only entitled to cost of repair or value at time of accident).

A copy of this letter is attached for you to send to your insurers.

Finally I expect an acknowledgment of this letter within 21 days by yourself or your insurers.

Yours faithfully

We help many members with this type of claim. We have also advised on making a County Court claim which is your next step if the letter does not work. The process is not difficult, it does not require a solicitor, but it does require a little time and determination. Don’t be fobbed off, and use the letter rather than the phone so the insurer sees you know what you are doing.

There is encouragement from the Guardian consumer rights man who brought a small claim against Carphone Warehouse.

There is some very useful guidance on the Government website by clicking here.

Let us know how you get on, and share your experience to help other members.

Good luck.

Posted in insurance advice, key can help, legal rights, questions to yourkey | 1 Comment »

One of the most regular questions from members is this:

I have fully comprehensive insurance. I was involved in an accident which was the fault of another driver. My own insurance company paid for my repairs. When my policy was up for renewal my premium was increased. That is exactly the result we would expect, and we will explain.

By law you must have third party insurance on a vehicle. Third party cover is for the damage you do through your own fault. You might then add to the cover by including fire and theft, and beyond that fully comprehensive insurance.

Fully comprehensive is not really fully comprehensive. All you are doing is insuring the vehicle and specified possessions to the policy in case they are damaged, regardless of fault. If you damage your own vehicle the insurer will pay to repair it, and if written off you will be paid the market value of the vehicle at that time. That is the market value at the time of the accident, and not the amount you insured it for.

Now when the damage to your vehicle is the fault of someone else our advice is to use YourKey and go direct to that person’s insurance company. Claiming on your own policy is fine, but your own insurer has no incentive to chase the insurance company of the person at fault. Some do, and some don’t, but if they have paid out money, and got nothing back, your insurance will increase in price next year.

Our advice, where another driver caused the accident, is to recover direct from the person to blame, and their insurer. The benefit is that you leave your own insurance record intact. We will inform your own insurer, and certainly you must include it when you renew, but if they have not paid a claim your premium should not go up at renewal.

How to recover your losses.

If you need repairs or a replacement vehicle YourKey will handle that for you. If someone else is to blame we will recover the cost of these services direct from that person’s insurance company.

If you were injured in the accident the YourKey scheme will arrange hire and repair, plus legal action. We will arrange a solicitor for you to act under your legal expenses insurance policy we gave you. That means you do not have to worry about legal fees, and you will receive 100% of your compensation. So everything you need is dealt with in one case.

The difficulty is when you have no injury, and your losses are small. The YourKey policy is for personal injuries caused by accidents. Without injury, and where we do not arrange repair and a replacement vehicle, the position can be difficult. This is because with losses below £5,000, legal costs cannot be recovered. You would not use a solicitor in such a case, as the costs would wipe out the value of the case.

The answer, and one which has worked for other members, is this:

1.       Make sure you have details of the person who is at fault, their insurance company and policy number.

2.       Write to that person, and send a copy to their insurance company.

3.       If you do not have insurance details remind the other person they must supply their own name and address, and details of their insurance cover.

4.       Your letter sets out what happened, why you hold the other person to blame, and the losses you have incurred. Always write, the alternative being the frustration of the call centre. You will be bounced from one person to the next. There is no advantage to them in dealing with your claim quickly, as they have many other cases on the go, and you have to make yours a priority. There are exceptions, but the feedback from our members is frustration.

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You have just insured your bike or car online, but to get out on the road you must tax it. Not all insurers send out paper certificates, and those that do can take a week or more. So how do you do tax a vehicle without a certificate of insurance?

The insurance system is slowly moving over to electronic certificates, but they are not telling you.

When you buy insurance your insurance company will make an entry on a national insurance database, called the Motor Insurer’s Database, or MID. The MID is used by the police to check if a vehicle is insured. The MID can be checked by staff at the Post Office counter, or when you buy your tax online with the DVLA. You will need the 16 digit number from the tax renewal reminder, or the 11 digit vehicle identification number, plus the vehicle’s registration number. If the vehicle has an MOT certificate that should also be on a central electronic record.

So not having an insurance certificate is not a problem, but why doesn’t someone tell you that. Let us know how you get on.

Tags: certificate, DVLA, insurance, MID, vehicle tax renewal
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How does YourKey work for you?

You have to buy insurance on your bike or car to cover your liability to others. So when you say you are covered, it means you are covered against the claims of others. If someone else is to blame for an accident then you need independent help to fight your corner, and it is here that YourKey steps in to help.

First we check if you need help to recover a vehicle, or arrange for replacement or repair. Then we arrange for an experienced solicitor to fight for compensation for any injury and the inevitable loss and expense.

We will independently guide you through what can be a maze.

If there is someone to blame, you can be reimbursed for the cost of recovery. Hire and repair will be paid for by insurance company of the person at fault. You will not have to worry about legal fees, as your free legal cover deals with that.

If you are at fault we will advise you. We can arrange the services you need, but you or your insurance company will have to foot the bill.

So how do we do this. YourKey earns commission if we arrange services for you. These are the same commissions as your insurer or broker would earn, the difference being that YourKey makes no charge for your legal cover.

This is why YourKey is your first call after any accident. Save 0800 0 114 114 on your phone and those used by your family, as our service includes your family too. For a quick reminder of the service click here, and for full details and a copy of the legal policy please click here.

YourKey is a trade mark used by Mark Thompson Law, a solicitor regulated by the Solicitors Regulation authority. Please visit www.markthompsonlaw.com

Posted in questions to yourkey | 6 Comments »

YourKey saving and support.

When you are arranging insurance you are sold legal protection, and it costs up to £25. Well we give you that protection at no cost and pay the premium for you. How can YourKey do that?

We can do it because there are commissions available to whoever arranges the services you will need after an accident. Your insurer or broker will earn those commissions, but we think it fairer to give you the legal protection, and then earn our commissions. It is convenient for you, our membership and the legal protection cost nothing, and it saves on your insurance premiums.

Our policy covers any accident, so that means it covers any vehicle and activity. We also include your family and passengers.

All this plus help and advice if you call us.

So both saving and support with YourKey.

Not bad is it? Tell us how much you have been quoted for legal protection.

Posted in questions to yourkey | 2 Comments »

You know when you are buying insurance, you are  always sold legal protection or legal cover. It adds up to £25 to the policy, and most people buy it. You are not sure what it is, but it sounds like a good idea. It is sold on every policy you buy, and it adds up.

Your Key offers an alternative. Free legal protection.

So where is the catch? There is no catch, free means free.

Your Key will receive commission if we arrange hire or repair for you after an accident. This is the same commission as your insurance company or broker will earn. The difference is that our legal protection is free.  That looks like a good bargain to us, and we hope you agree.

Our one policy covers any accident, and therefore any vehicle, and we renew it automatically each year. You do not need to buy legal protection again.

Posted in insurance advice, questions to yourkey | 7 Comments »

The question we are asked most. Many of our members are introduced without cost through an offer made by a comparison website. For example, you may have taken an insurance quote at www.thebikeinsurer.co.uk. That Bike Insurer offers free legal expenses insurance in return for you taking a quote; yes, just a quote. We then provide that free insurance as part of the Your Key package.

Web pages are so busy it is easy to miss some of the information displayed.

So that we stand out from the rubbish you often receive after online insurance quotes we send three emails. We are anxious to back up the offer you were made, so three emails are necessary to get us noticed. If you read the first one, thank you, and sorry you will receive two more.

Mark for Your Key

Tags: bikeinsurer, comparison website, free legal expenses insurance, online quote, the Bike Insurer, Your Key, Your Key emails
Posted in questions to yourkey | 1 Comment »

We have a frequently asked questions page, but thought it useful to show the questions and answers to member’s questions for all to see. Feel free to ask questions and make comments.

Posted in questions to yourkey | 12 Comments »