The term ‘road rage’ often elicits images of a red faced drivers, hitting their horn and gesturing angrily at other road users. It is a well-known sight with the majority of road users having witnessed road rage at one time or another. Many will even admit succumbing to it themselves. But there is a much more dangerous side, leading to physical confrontations and serious injuries. It should be remembered that vehicles can pose a great risk of injury to others and can even be used as a weapon.
It is worrying to see the number of dashcam or cycle helmet videos appearing online showing aggressive and violent behaviour against other road users. Although road rage itself is not a criminal offence, it can lead to dangerous driving including speeding, tailgating, weaving through traffic and sudden braking. These are not only negligent actions but also potential criminal offences, and can lead to serious road collisions, injuries and even fatalities. There are several charges which could be brought such as driving without due care and attention or causing serious injury or death by careless or dangerous driving. For those in control of a non-mechanically propelled vehicle such as a pedal cycle, a charge of wanton and furious driving can be made.
It is worth mentioning that charges can not only be brought against vehicle users but also against pedestrians, as can be seen from the recent case in Huntingdon, Cambridgeshire, of a lady being charged for manslaughter after gesturing and swearing at a cyclist who sadly veered into the road and died at the scene.
It is well known that there is an entitlement to compensation when an innocent party has been injured following a road traffic accident. Motor insurance is compulsory to provide protection for those injured because of a third party’s negligence. But what about when a vehicle is used as a weapon? This is always incredibly dangerous, and vulnerable road users such as pedestrians, cyclists and e-scooter riders are at significant risk of serious injuries such as fractures (broken bones), lacerations, crushing or internal injuries, brain injuries, or even death. Using a vehicle as a weapon is of course a serious criminal offence and the Police should be notified immediately. If the driver flees the scene this is also a criminal offence. If you or a witness are able to, take down as many details as possible such as the make/model and registration of the offending vehicle as this will be valuable to assist the Police in tracing the offending motorist, and also locate any insurance on the vehicle. Photographs or footage would also be extremely helpful.
Who can I claim against?
It is a legal requirement for motor insurance to be in place to ensure that an injured victim is able to recover compensation from an insurance company. However, the system in England and Wales is quite complex. The Road Traffic Act 1988 includes provisions that allows an injured party to recover compensation against an insurer even if their policy has been invalidated, i.e. if the policyholder has failed to comply with the terms of the policy. In these situations, the insurer is referred to as the ‘Road Traffic Act’ insurer. This can also be applied if the person driving the vehicle was not insured at all, but the vehicle was.
It is not just a question of whether a vehicle is insured, but whether the driver is too, therefore it is necessary to identify the driver to successfully bring a claim against an insurance company, even if they are known to insure the vehicle in question. The first step is therefore to identify the driver, and then locate any insurance. If there are multiple insurance policies, there may be an argument as to which company has the greater interest and therefore liability to meet the claim.
Although it may seem surprising, insurers are not able to simply avoid a claim when a vehicle has been used as part of a criminal act; although they may go on to pursue their own policyholder for the monies paid to a third party. Insurer are required to insure against loss which arises “out of the use of the vehicle on a road or public place”. This does mean that where the accident occurred will be relevant, as the insurer may be able to avoid paying a claim following an incident on private land.
If the vehicle is not insured at all, or the driver cannot be traced, then a claim can be brought against the Motor Insurer’s Bureau (MIB). The MIB was established in 1946 to compensate the victims of negligent uninsured and untraced motorists. Every Insurer underwriting compulsory motor insurance is obliged, by virtue of the Road Traffic Act 1988, to be a member of MIB and to contribute to its funding. They are often referred to as the ‘insurer of last resort’ therefore generally a claim will only be successful once all investigations to identify the driver and an insurance company have been exhausted.
Can I bring a CICA claim?
If you have been injured as a result of a violent crime, then it is possible to bring a criminal injuries compensation claim. It is worth bearing in mind that the compensation available as part of a CICA claim is tariff based and generally much lower than the compensation recoverable in a civil personal injury claim (against an individual or their insurer). You also cannot be doubly compensated for an injury so the CICA would expect to be repaid if you were to also recover damages from the driver’s insurer or the MIB. There are also strict criteria to meet, and limited recoverability of financial losses such as loss of earnings. The time in which a CICA claim must be brought is two years, which is shorter than in a personal injury claim, where the limitation period is generally three years.
If you have been injured by a vehicle as a result of road rage or a vehicle being used as a weapon, our personal injury claim specialists are here to help. To speak to a member of the team please call us on 0161 696 6235 or complete our online enquiry form and we will contact you directly.
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