Page 1 of 1

Forgiveness application?

Posted: Sun Nov 10, 2019 7:17 am
by Stevenloan
Hi everyone! I’m riding a motorcycle on the street, a woman’s car hits me and I get seriously injured. The police ask me whether I want the woman to compensate for my injuries, I want to write an application to forgive the woman so that she won’t have to compensate because she’s so poor. What do you call this application?

Thanks so much!

StevenLoan

Re: Forgiveness application?

Posted: Sun Nov 10, 2019 6:53 pm
by trolley
I guess that would be "signing a waiver". Is that common practice in your country, Steve? Here, we would just opt not to sue, rather than creating some sort of official document.

Re: Forgiveness application?

Posted: Sun Nov 10, 2019 11:59 pm
by Bobinwales
I can't imagine it happening in the UK. Motor insurance is compulsory here, so the woman's ability to pay is irrelevant.

Re: Forgiveness application?

Posted: Mon Nov 11, 2019 1:57 am
by Erik_Kowal
It seems to me that this would be a highly irregular procedure altogether.

In countries that observe the principles of natural justice in their criminal prosecution system, if a serious traffic accident occurs (especially one that involves injury) there is a structured process which typically involves a police investigation into the circumstances of the accident (including substantiation by witnesses of any allegations made by one of the parties), after which the police findings will be referred to a public prosecutor who decides whether there is sufficient evidence of guilt that a prosecution is likely to succeed. If there is, the accused is charged with the relevant offence(s), the public prosecutor hires a prosecuting lawyer (and the accused person will often either hire a defence lawyer or be assigned one by the court), and the case will go to trial. Only if the defendant is found guilty is there usually any question of the injured party being able to claim monetary compensation from the person who injured them. The decision to award compensation is usually made by the presiding judge, following which there may be legal appeals by either party.

At no stage in the formal legal process is there any provision for a waiver of compensation to be generated by the victim. They might voluntarily refuse any compensation awarded against the defendant, or they might spontaneously inform the convicted defendant of their intention to refrain from claiming compensation. But it would not be the job of the police either to summarily decide the guilt of anyone involved or to ask the victim of a car accident to sign a waiver of compensation.

Re: Forgiveness application?

Posted: Mon Nov 11, 2019 4:26 pm
by Stevenloan
trolley : Thanks a lot for your answer and for asking. It is common practice in my country, when the police show up at the accident scene, they will ask you to go to the police station for your statement, if you want to forgive the person who causes the accident, you have to sign a waiver of compensation. Bob and Erik : Thank you both very much for your answers.

StevenLoan