Why aren’t the police prosecuting?
I was filtering between two lines of slow moving traffic in Newport when a passenger in a car in the outside lane opened his door to get out of the car. I couldn’t stop and hit the door and came off my bike. I dislocated my shoulder and fractured my wrist. I want to start a claim against the guy but think the police should prosecute the passenger, though they are refusing to do so. Can they do this?
Nick Graham – by e-mail
Answer
Obviously the passenger was negligent by not checking to see that it was safe to get out of the car.
As opposed to the passenger it is the driver of the car that is responsible for his passengers’ actions and therefore it is the insurer of the car that should be compensating you for your injuries and financial losses.
If he was uninsured, then the Motor Insurers’ Bureau will deal with the claim. It is not particularly surprising that the police are not prosecuting the passenger. The burden of proof in a criminal case is higher than in a civil case like your compensation claim and they are probably satisfied that you will be compensated. You could make a complaint to see if they will prosecute and a last resort could bring a private prosecution. That will be costly and the CPS can take over conduct and even end it if they want to. I would stick to your civil claim.