Case dropped by CPS yet insurer won’t insure me? Advice please

Convicted Driver Insurance
Hi, I’m new here and had a horrid situation. I didn’t actually plan to drive, I had an accident some time in my home during the night or early morning and adding to this I’d drunk about 1.5 pints the previous day. I’d hit my head causing a nasty head injury and hematoma, I was very ill. In the morning I apparently appeared outside and drove my car directly into a neighbours 2 vehicles. It’s taken a year of absolute hell as my insurance company wouldn’t insure me after last august saying to wait until the case was over.
The case was over last week as it was dropped as I honestly believe I was never in a breathalysing room ever. I was too ill laying on a cell floor and too ill to be breathalysed. My MGDD form wasn’t completed until about 3 months after the incident with pages incomplete. I couldn’t be cross examined due to the head injury and all other evidence hadn’t been provided so the prosecution couldn’t be cross examined

Now that the case has been dropped due to abuse of process and unfair trial my insurers seem to be looking for a report from the police rather than the courts decision. All along they stated in writing when the case was over ... now they are saying “ yet the police say that I was drink driving ” . So I’ve been through all of this and I’ve got nowhere? I’m still being treated like this based on hearsay and not the courts decision.
I’ve never driven drunk and was wearing my PJ’s when this happened. I suffered a moderate head injury.
I wondered what I can do as far as I can see my insurance company are simply trying to delay time. I contacted the ombudsman who has today taken on my case. Yet I feel as if I’ve literally been set up somehow.
Any advice would be appreciated. Apologies but I posted earlier and the topic heading was simply case as I lost the page and don’t know how to remove the thread.
thank you

Claire
 

price1367

TTC Group
You have done the best thing by taking it up with the Ombudsman, but you have to understand the difference between a criminal case and a civil one. The police case has been dropped because they could not prove the case ‘beyond reasonable doubt’. The threshold, however, for a civil one is ‘on the balance of probability’. So 98% certain for criminal, 51% certain for civil cases.
So although your case for drink driving has be discontinued, it does not stop the insurance company from reaching a conclusion that you were drink driving - from police or other witnesses.
I think from what you say that their case is pretty thin and they may be forced to accept that you were not drink driving eventually. This might be helped if you can submit confirmation of treatment for your head injury to the insurance company and the Ombudsman.
 
You have done the best thing by taking it up with the Ombudsman, but you have to understand the difference between a criminal case and a civil one. The police case has been dropped because they could not prove the case ‘beyond reasonable doubt’. The threshold, however, for a civil one is ‘on the balance of probability’. So 98% certain for criminal, 51% certain for civil cases.
So although your case for drink driving has be discontinued, it does not stop the insurance company from reaching a conclusion that you were drink driving - from police or other witnesses.
I think from what you say that their case is pretty thin and they may be forced to accept that you were not drink driving eventually. This might be helped if you can submit confirmation of treatment for your head injury to the insurance company and the Ombudsman.
Thank you. Yes, that makes total sense as initially it was deemed a minor head injury yet it wasn’t. I couldn’t see anything or speak. I deteriorated in the cell and they called a friend to collect me. Later I began vomiting and couldn’t remember even who our prime minister is, who my friends were. I was then rushed back in flashing lights ect and that’s when I finally had the CT scan. Thank you for replying. The most horrid part is that I wouldn’t have ever gone outside in my PJ’s, let alone driven a car. It’s horrid. I did today find a company that would insure me for about £850. Ouch.
 
Thank you. Yes, that makes total sense as initially it was deemed a minor head injury yet it wasn’t. I couldn’t see anything or speak. I deteriorated in the cell and they called a friend to collect me. Later I began vomiting and couldn’t remember even who our prime minister is, who my friends were. I was then rushed back in flashing lights ect and that’s when I finally had the CT scan. Thank you for replying. The most horrid part is that I wouldn’t have ever gone outside in my PJ’s, let alone driven a car. It’s horrid. I did today find a company that would insure me for about £850. Ouch.
Sorry, adding to this. It was pretty clear I had a head injury. A neighbour (carer ) who called police said the lump protruding from the back of my head was larger than a tennis ball. On day 2 the lump had gone down a bit, yet my eyes were damaged due to pressure on my brain, yet the paramedics immediately noticed that it was a penetrating wound and rushed to get me to hospital. To be Frank, I feel lucky to be alive. It was one of the most horrible things that have happened to me ever.
 
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