Road Rage Incidents and Vehicles Used As Weapons

Every year on the roads of Britain, around one in five road users are threatened with physical violence. In a survey conducted by Auto Trader, 67% of road users had experienced tailgating, 53% had felt intimidated while on the roads, 41% had been sworn at/insulted and 11% said that they had been involved in some form of physical altercation.

The sheer power that a car exudes is often forgotten and overlooked due to the everyday nature of their use. However, in the hands of the wrong person, a car can be utilised as an extremely dangerous weapon. Often the result of road rage, when a driver intentionally attacks an individual, it can have long-lasting, catastrophic and sometimes even fatal effects.

In the event that the injury caused by the vehicle was deliberate and the injuries are severe, the government has an authority set up to provide compensation to a victim; this is known as the Criminal Injuries Compensation Authority (CICA).

Can I apply for a claim through the CICA?

To claim through the CICA, there are a number of brackets of eligibility that an applicant/applicant’s incident must meet. The conditions of eligibility concern time limits, conduct, previous criminal convictions and cooperation with the police so far as to bring the assailant to justice. These conditions can be complicated and our detailed CICA guide explains this in more depth.

How much would a CICA claim be worth?

The CICA assess the injuries an applicant sustains during an incident by using their ‘tariff of injuries’ which is found at the back of their Scheme. This tariff includes hundreds of different ‘common’ injuries that range in value between £1,000 and £250,000 dependant on their severity and the ongoing after effects that the injuries may cause.

These values are set and can only increase if they meet the threshold of the higher bracket.

As is displayed above, these specific injuries are dependant on the recovery that an applicant makes/is expected to make. Some injuries, such as a fractured skull, have values dependant on whether or not an operation is needed and others, such as psychological damage, are dependant on the length of time that the injury is expected to last.

The CICA also have the ability to compensate for loss of earnings however they have extremely strict parameters that must be met if an applicant is to be deemed eligible. The period on which the loss of earnings payments begins is from the 29^th week in which an applicant satisfies the condition described in the CICA’s Scheme. These are as follows:

As a direct result of the injury for which an applicant is eligible for a CICA claim, they have no, or very limited, capacity for paid work. The applicant must:

• Have been in paid work on the date of the incident giving rise to the injury.
• Have been in regular paid work for a period of at least three years immediately before the date of the incident giving rise to the injury; or
• Have a good reason* for not having been in regular paid work for at least three years immediately before the date of the incident giving rise to the injury.

*An applicant will be considered as having good reasons for not having been in regular paid work if they were unable to work because they were in full-time education, or by reason for their age or caring responsibilities.

The incident was a hit and run and the perpetrator has not been caught, can I still claim through the CICA?

Simply put, yes you can. There are instances, such as the described above, where convicting an assailant is not possible. As long as the police report accepts that the incident occurred and the victim was not to blame, the CICA are still able to compensate for this. Paragraph 9 of the CICA’s Scheme provides for this:

“A person may be eligible for an award under this Scheme whether or not the incident giving rise to the criminal injury to which their application relates has resulted in the conviction of an assailant in any part of the United Kingdom or elsewhere.”

Case Study

Ms. M was involved in an altercation with a member of her family while in the passenger seat of a car outside of her house. Eventually, Ms M grew tired of the argument and exited the car, with the intention of entering her house. As she walked towards the door, however, the assailant proceeded to intentionally drive into her, pinning her against the wall of her house.

Ms. M sustained serious damage to her lower limbs, fracturing her left ankle, the tarsal bones in her left foot and her right hip. After a substantial amount of physio, she was still rendered unable to walk without the assistance of a walking stick.

With the assistance of Oakwood Solicitors, Ms. M received a total offer of compensation of £15,230.00 for her injuries.

Why choose Oakwood Solicitors Ltd to make my CICA claim?

At Oakwood Solicitors Ltd, we will work on your CICA claim on a ‘no-win, no-fee’ basis. This means that in the unfortunate event that your claim is unsuccessful, there is no expectation from us for you to pay anything.

From the start of your CICA claim until the conclusion you will have a dedicated advisor – either male or female depending on your preference – who will run your claim, assisting you in the event of any queries or issues you may have.

Regular updates will be provided by your case handler up until your CICA claim has ended. This is to ensure the process is as stress-free and effortless as possible.

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WHAT TO DO NEXT

If you have been the victim of a road rage incident or have been struck by a vehicle intentionally, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.