ILR

kranthi15 · Post by **kranthi15** » Mon Nov 28, 2011 10:24 am

I got a quick question if you can answer

Last year a third party hit my car from behind and did not accept liability, my insurance company is sorting it out... in case if that goes to court will that become a conviction for my ILR which is due next year end?

please help

innocentdevil · Post by **innocentdevil** » Mon Nov 28, 2011 11:14 am

don't think so. you were hit from behind so taking your word on here, its not your fault. cases like these run for a long time anyway.

kranthi15 · Post by **kranthi15** » Mon Nov 28, 2011 11:19 am

thanks for the reply... as they didnt accept liability yet... i am bit worried if it goes to court and in case if i loose case...(as we know any thing can happen in court ans with solicitors)

innocentdevil · Post by **innocentdevil** » Mon Nov 28, 2011 11:29 am

kranthi15 wrote:thanks for the reply... as they didnt accept liability yet... i am bit worried if it goes to court and in case if i loose case...(as we know any thing can happen in court ans with solicitors)

is there anything about the accident you are not telling us. You cannot lose if it wasn't your fault. full stop.

rushabhjvora · Post by **rushabhjvora** » Mon Nov 28, 2011 11:30 am

Then the question is - if you loose the case in court and if the court tell you to pay xyz GBP - is this deemed to be a fine from court, spent after 5 years under Rehabitation of Offender's Act?

I think its not, as its your insurance company (and not you) who'll pay for the damage but still its good to clarify with moderators.

Cheers,
Rushabh

kranthi15 · Post by **kranthi15** » Mon Nov 28, 2011 11:36 am

This is stright forward... nothing to hide...

as rushabh said if i loose case my insurance company will pay for his car damage... i will loose my no claim on insurance...

Firstly, will this be calculated as a conviction at all???

innocentdevil · Post by **innocentdevil** » Mon Nov 28, 2011 12:07 pm

kranthi15 wrote:This is stright forward... nothing to hide...

as rushabh said if i loose case my insurance company will pay for his car damage... i will loose my no claim on insurance...

Firstly, will this be calculated as a conviction at all???

accident cannot be classified as a criminal conviction if it wasn't your fault and you win the case in court over it. even if you have a CCJ (lets assume), you should also get a letter/documentation that you would have WON the case which you can put forward for your ILR case.

vsh · Post by **vsh** » Mon Nov 28, 2011 12:31 pm

I was involved in an accident similar to kranthi15 but it was this year in july. My ILR is due in mid jan 2012. I am not sure whether it will be resolved by that time and as per my understanding as long as its not resolved both parties are to be blamed. Do I have to mention this on my SET (0) form anywhere that i was involved in accident? If yes where do i say that as its not criminal conviction yet..

BigSam · Post by **BigSam** » Mon Nov 28, 2011 1:06 pm

There is a difference between Civil and Criminal matters, a car accident of this nature is normally settled without any criminal charges unless it is drink-drive related, dangerous driving etc… to elaborate on what innocentdevil said, unless you have been charged for a criminal offence, then there is no need to mention this in your form.

Please see below questions you are interested in:

7.1 Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?

7.2 Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?

You will notice that 7.2 does not mention Civil matters that have not been tried in court yet, it is only asking about criminal charges

Depending on how the matter concludes between your insurance company and that of the third party, whether by the court judgment or out of court, you may then end up with a Civil Judgment against you which will have to be mentioned.

Hope this helps

kranthi15 · Post by **kranthi15** » Mon Nov 28, 2011 1:30 pm

thanks bigsam... this is giving me positive hope...

others who r sure abt the difference between civil and criminal cases.... please comment..

kranthi15 · Post by **kranthi15** » Mon Nov 28, 2011 2:16 pm

Hi Bigsam,

further to ur post, if i loose case in court and become liable for the accident i do need to mention in the form as civil matter... as its resolved in court...

correct me if m wrong.

BigSam · Post by **BigSam** » Mon Nov 28, 2011 3:07 pm

Hi Kumar,

I have been in a similar scenario to yours in the past but my case was not as straightforward as yours and although the matter was being referred to court, the third party eventually admitted liability and it was settled out of court.

Even if you lose the case after it goes to court, you will still have no convictions, but you could possibly have a civil judgment made against you. I have never personally seen this type of judgment myself, but if this is what you end up with, then you will need to declare it.

My understanding of those types of civil judgments is that they are normally made to recover debt and settle disputes, but this is a dispute at the end of the day as well so again you will probably need to declare it. Since I have never seen this myself, I will leave it for further expert advice.

On the positive note, if the third party hit you from behind, it is highly unlikely that you will lose; I am surprised this dispute is even being referred to a court.

It is normally a clear cut case, you hit someone from behind, it is your fault. So you should hopefully win

vsh · Post by **vsh** » Mon Nov 28, 2011 3:14 pm

Whether it goes to court or not its different matter but my question is while it’s pending (because i dont think it will be resolved by mid January) do i have to mention it. It’s neither criminal nor civil until it’s decided or goes to the court.

BigSam · Post by **BigSam** » Mon Nov 28, 2011 3:26 pm

vsh wrote:Whether it goes to court or not its different matter but my question is while it’s pending (because i dont think it will be resolved by mid January) do i have to mention it. It’s neither criminal nor civil until it’s decided or goes to the court.

For your case, you do not need to mention it while it is pending (unless you have been charged with a criminal offence). It is indeed a civil matter but the question on the application form (7.2) is only concerned with pending criminal matters.

In short, No, you do not need to mention your case if it is still pending and you have not been charged with a criminal offence (drink driving, dangerous driving etc…)

vsh · Post by **vsh** » Mon Nov 28, 2011 4:58 pm

Thank you very much BigSam.

BigSam · Post by **BigSam** » Mon Nov 28, 2011 5:56 pm

You're welcome mate ang good luck with your application next year

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