I don't think you have a say in whether the driver is prosecuted or what action/penalty he or she receives.
I've got a rambling voicemail asking if I want them to prosecute or allow the driver to elect an awareness course instead.
If they are prosecuted the charge will be undue care and attention.
When I was hit last year I was offered to suggest similar, I went with driver awareness but she decided to not respond so was summoned to court, got loads of points and a fine.
@Ramsaye started
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I don't think you have a say in whether the driver is prosecuted or what action/penalty he or she receives.