Procurator Fiscal (in)action after accident

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Fri 25 Jan 2013 21:27
Procurator Fiscal (in)action after accident - Pyranha
I was in a fatal 2 vehicle collision in early September. The other motorist lost control on a bend and crashed into the side of my car; she died a little while later, at the scene.

My car was impounded by the police. On enquiry I was told that their enquiries should take no more than a couple of weeks. After 4 weeks and no news, I called the police, and was told the case had been passed to the Procurator Fiscal (I'm in Scotland). I called the PF a few times over the next few weeks only to be told that their investigation is to decide if there is to be a prosecution and will take as long as it takes. After 13 weeks I wrote to them to complain that they had made no attempt to keep me informed, and had not given me any information except when I phoned them - by coincidence (obviously) my car was released from their custody the day they received my letter; I also got a response to my complaint reiterating the purpose of their investigation, pointing out that they had answered questions as I asked them and saying they were not yet finished, although finished with my car (which then went for major repairs).

This week, I finally got my car back from the repairer. I then called the PF to get a update, because the 3rd party insurer said they would not decide liability without the PF report. The PF told me that the case is closed; I asked when that happened and was told 10 days earlier; I asked why I hadn't been told and she said because they don't. Words failed me - they had previously told me that they were deciding if there is to be a prosecution and, as the only survivor of the accident I am the only person who could be prosecuted, but they didn't think it necessary to tell me that nearly 5 months of suspense is finally over.

Reply | Report as offensive | Link
Fri 25 Jan 2013 21:53
Procurator Fiscal (in)action after accident - Bromptonaut

You need to decide exactly what your complaint is and then refer it to the head PF and your MP/MSP.

Reply | Report as offensive | Link
Fri 25 Jan 2013 22:28
Procurator Fiscal (in)action after accident - Pyranha
Thanks for your suggestion - in part the writing was cathartic, but I do think that they need to show more consideration for victims of accidents.

I also thought it might be interesting for others involved in accidents to see how long investigations take and how thoughtless some of our 'public servants' are. There was a thread a couple of months ago about an impounded car, and the advice was to get a solicitor involved - I did speak to a couple who said that they could contact the PF but it would have no effect, in their experience.
Reply | Report as offensive | Link
Sat 26 Jan 2013 12:29
Procurator Fiscal (in)action after accident - Falkirk Bairn

Write to PF HQ in Edinburgh, google and you will get all you need to complain.

If matters do not progress take it up with Kenny McCaskill via your MSP - MSPs get paid well enough, a bit of work rather than an expenses paid outing somewhere is what they need!

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance