Common misinformation provided by the Police

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When thinking about applying for a criminal injury claim, it is crucial that a client has all the necessary information to make an informed decision.

Representatives are always a good place to ask questions about your eligibility for a claim, but it happens all too often when wrong or misinformation provided by the police and other sources causes a client to asks those questions too late.

misinformation provided by the Police

There are a number of general misconceptions that applicants have regarding the CICA claim process (see our previous article on this here: https://www.oakwoodsolicitors.co.uk/knowledge/debunking-the-most-common-misconceptions-about-cica-claims/) However, this particular article will outline the most common points we hear from clients specifically when it comes to incorrect advice received from Police in relation to a CICA claim.

The first point that is often brought up by clients is that the Police have advised to wait until the court case against the assailant has concluded before bringing forward a CICA claim. This common misconception can often lead to cases, that would otherwise be eligible, being rejected on the basis that the incident is outside limitation.

The CICA state that a client has 2 years from the date of the incident to submit a claim meaning that waiting for the court case to conclude – which is often a very long and drawn out process – can result in clients missing this eligibility period.

Further to this, the Police often advise clients that the limitation period for a CICA claim is 3 years from the date of the incident. As referenced above, this is not the case. A client has 2 years from the date of the incident to bring forward a claim to the CICA. This is an extremely crucial point to note as the CICA will request a client provide extenuating circumstances as to why the claim was submitted after limitation.

Most often the CICA are looking for medical reasons to explain the late submission and unfortunately they would not accept that a client was advised incorrectly by Police as an extenuating circumstance.

Finally, clients are often advised that it is a requirement for the assailant to be convicted before they can claim. Whilst this would be great in terms of a client receiving justice for what they have been through, it isn’t a necessity for a CICA claim.

As long as the Police can definitively say that a client was a victim of a violent crime and a client cooperates with the Police as far as reasonably practicable in bringing the assailant to justice, the CICA should have no issue in progressing the claim further than the initial police stage.

Common misinformation provided by the Police – CICA claims

When thinking about applying for a criminal injury claim, it is crucial that a client has all the necessary information to make an informed decision.

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